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GST tips for non-profit organisations

About this guide

This guide is designed to provide non-profit organisations, charities and gift-deductible entities with information to help them meet their GST obligations. In particular it covers some areas of GST administration where non-profits can often experience difficulty and also provides links to more detailed GST information.

Terms we use

When we say:

  • sales, we are referring to the GST term supplies, including:
    • the sale or a supply of goods or services
    • lease of premises
    • equipment hire
    • giving advice or information, and
    • exporting goods.
       
  • purchases, we are referring to the GST term acquisitions - purchases include:
    • goods and services, such as trading stock
    • entering into a lease, and
    • consumables and other things acquired in the course of your operations.
       
  • GST credits, we are referring to the GST term input tax credits
     
  • payment (made or received) we are referring to the GST term consideration.
     
  • officer, we are referring to an office holder, for example a treasurer in an organisation which is a company
     
  • agent, we are referring to any person or entity that is authorised to incur expenses on behalf of the organisation
     
  • an expense that is not listed as non-deductible, we are referring to non-deductible expenses in Division 69 of A New Tax System (Goods and Services Tax) Act 1999, for example recreational club expenses and some entertainment expenses.

What is a non-profit organisation?

A non-profit organisation does not operate for the profit or gain of its members (directly or indirectly). Any profit made by a non-profit organisation goes directly back into the organisation; it is not distributed to any of its members.

This applies while the organisation is operating, and when it winds up.

Some GST concessions apply to non-profit organisations generally, however some only apply to charities and gift-deductible entities.

What is a charity?

A charity is an institution or fund established for a charitable purpose, such as poverty relief.

To receive GST concessions:

  • the charity’s sole purpose should be charitable, and
  • the charity must be endorsed - by us - as a charity for tax purposes.

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For more information on charitable institutions and charitable funds, refer to Income tax guide for non-profit organisations (NAT 7967).

What is a gift-deductible entity?

A gift-deductible entity is an organisation that can receive tax-deductible gifts or contributions.

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For more information on gift-deductible entities, refer to GiftPack (NAT 3132).

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Most non-profit organisations registered for GST can access GST concessions, however, some concessions apply only to charities and gift-deductible entities.

Non-profit sub-entities

Some non-profit organisations can choose to have some or all of their branches or units treated as separate entities (non-profit sub-entities) for GST purposes. They include:

  • endorsed charitable institutions
  • charitable funds where the trustee is endorsed
  • gift-deductible entities
  • government schools, and
  • some other income tax-exempt non-profit organisations.

Branches or units can only be treated as non-profit sub-entities only if their activities are separately identifiable from those of the main entity with reference to either the nature of the activities or the location of the activities.

The branch or unit must also have an independent accounting system.

If the branch or unit has activities that directly relate to the main purpose of the non-profit organisation, such as providing membership services for the main branch, it cannot be treated as a non-profit sub-entity.

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For more information about non-profit sub-entities, refer to:

GST registration

Registering for GST

You must register your organisation for GST if it is a non-profit organisation and it has a GST turnover of $150,000 or more.

You may register voluntarily for GST if the turnover is less than $150,000.

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In some circumstances you must register for GST even if your turnover is less than $150,000. For example, if your non-profit organisation has non-profit sub-entities.

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For more information about registering your non-profit organisation for GST refer to:

Cancelling your GST registration

If you are not required to be registered for GST, and wish to cancel your registration, you must notify us in writing.

Use the Application to cancel registration (NAT 2955). You can order a paper copy of this form:

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For more information about cancelling GST registration, refer to Leaving the GST system (NAT 14829).

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Cancelling your GST registration may:

  • affect your ability to claim GST credits on purchases, and
  • require you to repay some of the GST credits you have previously claimed in respect of assets on hand at the time of cancellation.

Common accounting and reporting errors

Taxable sales

Most sales are taxable. Your non-profit organisation makes a taxable sale if:

  • it is registered, or required to be registered for GST
  • it receives payment for the sale it makes
  • it makes the sale in the course or furtherance of its activities, and
  • the sale is connected with Australia.

GST applies to all taxable sales.

GST-free sales

GST-free sales include:

  • most health and medical care services
  • most educational services
  • most food for human consumption (other than prepared foods, confectionary, snacks, ice-cream, biscuits, alcohol, soft-drinks and some other drinks)
  • some activities of charities and gift-deductible entities
  • international travel and transport
  • sales of ‘going concerns’
  • some dealings with land, and
  • exports of goods or services (if certain requirements are met).

GST is not charged on GST-free sales.

If your organisation makes GST-free sales, you may be entitled to claim a GST credit for the GST included in the cost of purchases made associated with the sale.

Input taxed sales

Input taxed sales include:

  • financial supplies
  • leasing of private residential premises for rent, and
  • some transactions involving precious metals.

GST is not charged on input taxed sales.

If your organisation makes input taxed sales, for example, it leases residential premises and collects rent, you cannot claim GST credits for the GST included in the cost of purchases made associated with the sales.

Common GST errors

We have identified a range of common problems people encountered when filling out their business activity statements.

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For more information on common GST errors, refer to:

Change in use of goods and services

If your non-profit organisation makes a purchase for business purposes and the purchase does not relate to making input taxed sales it is considered as being for a ‘creditable purpose’. This means you will generally be able to claim a GST credit for the purchase.

The amount of GST credit you can claim depends on the extent to which your purchase is used for a creditable purpose. The extent to which you use a purchase for a creditable purpose may change over time. That is, you may use the purchase for a creditable purpose to a greater, or lesser, extent than you intended. For example, you used the business purchase for a private or domestic purpose.

The ‘creditable purpose’ of a purchase changes if:

  • there is a difference between how you planned to use the thing purchased and how you actually used it, or
  • the way you used the thing purchased changes from adjustment period to adjustment period.

Adjustments are required for these changes in use because the amount of GST credits you have previously claimed on the purchase will either have been too much or too little. You generally need to make these types of adjustments on your June activity statement.

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For more information refer to GSTR 2000/24 Goods and services tax: Division 129 – making adjustments for changes in extent of creditable purpose.

Assets

Asset disposal

Most assets your non-profit organisation sells will be subject to GST; however some will not, for example sales of houses or flats used predominantly for residential accommodation.

If you sell assets such as motor vehicles, property or machinery, you must account for GST on the sale.

This is the case unless you sell the asset for less than 75% of its original cost or for less than 50% of its market value and you are:

  • an endorsed charitable institution
  • a charitable fund’s endorsed trustee
  • a gift deductible entity, or
  • a government school.

This means that you do not charge GST on the sale price and you should not issue a tax invoice to the buyer.

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For more information about accounting for GST on asset disposal refer to GST and the disposal of capital assets (NAT 7682).

Wrongly issued tax invoices on sales of assets.

If you incorrectly treat a sale as taxable and issue a tax invoice, you must immediately cancel the tax invoice and advise the purchaser.

This situation can often arise when, for example, car dealers accept trade-ins.

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For more information refer to GST and motor vehicle trade-ins for charities (NAT 12353).

Employees, officers, agents and volunteers - reimbursements

Your organisation can claim a GST credit when it reimburses employees, officers, volunteers and agents for their out of pocket expenses when certain requirements are satisfied.

Employees and officers

If you are registered for GST, you can claim a GST credit on an employee or officer reimbursement if:

  • your employee’s or officer's expense:
    • was directly related to their activities as your employee or officer, or
    • is an expense payment fringe benefit.
  • GST was included in the price the employee or officer paid
  • you hold appropriate documentation, for example a valid tax invoice
  • your employee or officer is not entitled to claim a GST credit for the expense
  • the expense is not listed as non-deductible, and
  • the expense is for a creditable purpose.

Volunteers

We sometimes receive questions from organisations on whether they can claim GST credits on reimbursements to volunteers when purchases are made by the volunteer in carrying out the organisation’s activities.

Non-profit organisations, for example sporting clubs, generally can not claim GST credits when they reimburse a volunteer. However, you can claim a GST credit for volunteer reimbursements if:

  • you are:
    • an endorsed charitable institution
    • an endorsed trustee of a charitable fund
    • a gift-deductible entity, or
    • a government school, and
  • the volunteer’s expense was related to your activities
  • GST was included in the price the volunteer paid
  • you hold appropriate documentation, for example a valid tax invoice
  • the volunteer is not entitled to claim a GST credit for the expense
  • the expense is not listed as non-deductible, and
  • the expense is for a creditable purpose.

Agents

If you are registered for GST, you can claim a GST credit on an agent reimbursement if:

  • the agent, on their own behalf, incurred an expense that was directly related to their activities as your agent (for example, the agent incurred petrol expenses)
  • GST was included in the price the agent paid
  • you hold appropriate documentation, for example a valid tax invoice
  • your agent is not entitled to claim a GST credit for the expense
  • the expense is not listed as non-deductible, and
  • the expense is for a creditable purpose.

Documentation you need

If the purchase is:

  • over $82.50 (GST inclusive), your organisation must hold the tax invoice issued to your employee, officer, agent or volunteer for the purchase they made, and GST must be included in the price paid, or
     
  • $82.50 or less (GST inclusive), your organisation does not need to hold a tax invoice, but must have some other documentary evidence of the purchase, (for example, a cash receipt issued to your employee, officer, agent or volunteer for the purchase they made) and GST must be included in the price paid.

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For more information about reimbursing employees and volunteers, refer to:

Incorrect claims for third party payments

You can generally only claim a GST credit if you are the recipient of the goods or services purchased. That is, you cannot claim GST credits when you pay a supplier for a purchase made by another party.

There are some exceptions. For example, reimbursing an employee for an expense they incurred that was directly related to their activities as an employee.

Charities and other agencies often make payments on behalf of people or other charitable organisations. Because these types of payments are made on behalf of others, the payer cannot claim a credit for the GST paid.

GST credits cannot be claimed for third-party payments made on behalf of:

  • related organisations, including a non-profit sub-entity (especially if the related organisation is not registered for GST), and
  • beneficiaries of your activities, for example, if you pay for goods or services (such as electricity) purchased by people who cannot pay (perhaps due to financial hardship).

You should only claim GST credits for goods or services your organisation receives for business use.

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For more information about third-party payments, refer to the following sections of GSTR 2006/9:

  • Proposition 14 – a third party may pay for a supply but not be the recipient of the supply, and
  • Case study 2 – The Bus Company.

Sales to associates for inadequate payment

Associates of a non-profit organisation include its non-profit sub-entities.

If you sell goods or services to an associate at less than their full value, you have to pay GST on the full value of the thing sold, if:

  • your associate is not registered for GST, or
  • the purchase is not solely for a creditable purpose.

Non-commercial activities

The non-commercial activities of some non-profit organisations are GST-free. These non-profit organisations include:

  • endorsed charitable institutions
  • endorsed trustees of charitable funds
  • gift deductible entities, and
  • government schools.

As one of these organisations, your non-commercial activities may include selling goods or services for less than cost or less than market value. Your sale is GST-free if the amount charged is less than:

  • 50% of the GST-inclusive market value of the goods or service, or
  • 75% of the amount the organisation paid to purchase the things used to make the good or service that you then sell.

When the sale is a supply of accommodation by any of these organisations, the sale is GST-free if the amount charged is:

  • less than 75% of the GST-inclusive market value of the accommodation, or
  • less than 75% of the cost of providing the accommodation.

You may also be able to claim GST credits for the GST included in the price of things purchased to make these sales.

GST applies to most of the commercial activities of these non-profit organisations. GST may not apply to some activities for other reasons. For example, many health and education sales are GST-free and some fund-raising events conducted by charities are input taxed.

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For more information about non-commercial activities and how to work out whether your non-commercial supplies are GST-free, refer to:

Treating related party transactions as GST-free

There can be problems with arrangements where related or associated non-profit organisations have claimed GST credits for input taxed supplies of accommodation.

We have released a Determination detailing the GST consequences of these types of transactions GSTD 2007/2 Goods and services tax: what are the results for GST purposes of a charitable institution engaging with an associated endorsed charitable institution in an arrangement described in Taxpayer Alert TA 2007/1.

Grants, gifts and sponsorship

Grants

Non-profit organisations that are registered for GST must pay GST if, in exchange for the grant, they:

  • sell goods, services (or anything else), or
  • enter into a binding obligation with the grant provider to do something, such as provide services to the community.

However, GST does not have to be paid if the sale in exchange for the grant is GST-free or input taxed.

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For more information about how GST applies to grants, refer to:

Gifts

Non-profit organisations are not required to pay GST on gifts they receive and the value of gifts is not included when they determine their GST turnover.

For a payment (monetary or non-monetary) to be considered a gift, it must be made voluntarily, and the giver cannot receive a material benefit in return.

A material benefit is something of value, such as a ticket to a dinner or a functional item such as a pen or book.

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For more information about how GST applies to gifts, refer to:

Sponsorship

Sponsorship payments are not gifts. This is because your organisation would normally provide a sponsorship benefit, usually advertising, for the payment.

Under a sponsorship arrangement, you may receive monetary support for a fundraising activity, and in return you provide advertising, signage, naming rights or other benefits to your sponsor.

If you are registered for GST, you must pay GST on any sponsorship you receive.

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For more information about how GST applies to sponsorship, refer to:

Gambling activities

Taxable gambling activities

In most cases, gambling sales your organisation makes (such as lotteries or gaming machine activity) are taxable. You only apply GST to your margin on these taxable gambling sales – not to each individual sale.

Calculating your margin

If the total wagered amount you received for a period is more than the total amount of monetary prizes payable then you calculate the GST on this margin (the difference between the two). You show only the margin for your taxable gambling activities on your activity statement.

There are some special rules about how to calculate and record your margin on your activity statement:

  • Your total amounts wagered do not include amounts that are required to be refunded.
  • Your margin is not changed if you make gambling sales and unclaimed monetary prizes or refunds of a bet become your property under the rules or legislation that govern the gambling activity.
  • You do not include the value of non-monetary prizes, such as a car, when you work out your margin.
  • If you purchase a non-monetary prize, you show this as a purchase on your activity statement.
  • If the total amount of monetary prizes you paid during a tax period was greater than the total wagered amount you received, you can offset this amount against your margin in the next tax period.

GST-free gambling activities

Certain gambling sales are GST-free for non-profit organisations that are:

  • endorsed charitable institutions
  • endorsed trustees of charitable funds
  • gift deductible entities, or
  • government schools.

For these organisations, the following gambling sales are GST-free:

  • selling a ticket in a raffle, and
  • accepting a person’s participation in a game of bingo.

You must show the full amount of these GST-free sales on your activity statement - not just the margin.

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For these raffle or bingo sales to be GST-free you must comply with State or Territory lottery laws.

Other gambling activities by these non-profit organisations are not GST-free. They may however choose to treat some other forms of fundraising as input taxed.

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For more information about how to calculate the GST on your gambling activities and fundraising events, refer to:

Fundraising events

You can choose to treat sales relating to some fundraising events as input taxed if you are:

  • an endorsed charitable institutions
  • an endorsed trustee of a charitable fund,
  • a gift-deductible entity, or
  • a government school.

If you choose to apply this concession to your organisation’s fundraising event, you cannot claim GST credits on purchases relating to the events.

You cannot elect to treat an event as input taxed after the event has occurred.

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For more information about GST and fundraising events refer to:

Making adjustments or corrections on your activity statement

If you discover a mistake has been made on an activity statement, you can correct it on your next activity statement as long as the mistake is within time and amount limits, and was genuine and reasonable.

If not, you may need to go back and revise that activity statement.

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For more information about correcting GST mistakes and making adjustments on your activity statement, refer to:

GST rulings and administration

Private rulings

Information we provide in the form of public rulings and tax determinations covers most activities undertaken by non-profit organisations. There can however be specific situations that are not covered by a published ruling or determination. In these cases you can ask us for a private ruling on how the tax law applies to your particular situation, transaction or arrangement.

If you have applied for, and received, a private ruling about your situation, and you act in the way you described to us, you can be confident we will apply the law outlined in your private ruling.

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For more information, or to obtain a private ruling, refer to:

GST administration

Many GST problems can arise in non-profit organisations because of simple errors, or staff turnover resulting in a loss of knowledge about GST and how it applies to the organisation.

In partnership with the Australian National Audit Office, we have produced A better practice guide for the management of GST administration (NAT 8721).

Although the booklet is aimed primarily at government agencies, you can use it and the workbook to help you set up practices and procedures to better manage your GST obligations more effectively.

Where to find more information

General information services

You can get general tax information by:

You can also visit the following web pages:

  • GST essentials – provides information on a range of GST-specific issues, and
  • Non-Profit Organisations – provides information on a range of tax issues for the non-profit sector, including GST.

Publications

The following publications provide an overview of GST:

  • Tax basics for non-profit organisations (NAT 7966) includes a GST section with more information on:
    • registering for GST
    • GST concessions for non-profit organisations
    • GST concessions for charities, gift deductible entities and government schools
    • GST branches, groups and non-profit sub-entities, and
    • grants and sponsorship.
  • Fundraising (NAT 13095) includes a GST section with more information on:
    • registering for GST
    • GST concessions for non-profit organisations
    • endorsement requirements for charities, and
    • the GST treatment of fundraising dinners or similar events.
  • Charities Consultative Committee resolved issues document – provides a discussion of more advanced and complex GST issues.

Non-profit News

You can subscribe to our free email newsletter. Called Non-profit News it’s a good way to find out about:

  • tax issues that could affect you
  • new publications, and
  • tax law changes.

You can subscribe by selecting ‘Subscribe’ on www.ato.gov.au on the Free email updates page and simply:

  • enter your email address
  • select ‘Non-profit organisations’, and
  • choose when to receive your updates (daily, weekly or monthly).

You may cancel your subscription at any time.

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For more information, refer to About the Non-Profit News Service.

E-record

Our e-record is a free, electronic record-keeping software product designed to help you keep good business records and meet your GST reporting obligations.

More information

For more information or to obtain a copy of our publications:

  • Time limits on GST refunds fact sheet
  • visit our website at www.ato.gov.au
  • phone 13 28 66, or
  • write to us at GPO Box 9935 in your capital city.

If you do not speak English well and want to talk to a tax officer, phone the Translating and Interpreting Service on 13 14 50 for help with your call.

If you have a hearing or speech impairment and have access to appropriate TTY or modem equipment, phone 13 36 77. If you do not have access to TTY or modem equipment, phone the Speech to Speech Relay Service on 1300 555 727.

Last Modified: Thursday, 18 June 2009




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