10.5. Is the customer service provided by a foreign bank at its representative office in Australia subject to GST?
Non-interpretative – straight application of the law
This will depend on the facts of the case.
The customer service provided by a representative office of a foreign bank will be subject to GST if the requirements of section 9-5 of the GST Act are satisfied.
Section 9-5 provides that you make a taxable supply if:
- you make the supply for consideration
- the supply is made in the course or furtherance of an enterprise that you carry on
- the supply is connected with the indirect tax zone
- you are registered or required to be registered.
However, the supply is not a taxable supply to the extent that it is GST-free or input taxed.