1.a.20. There is a range of Medicare Benefits Schedule items for the various procedures involved with IVF. What is the GST status of frozen gamete/embryo storage fees?
Non-interpretative – straight application of the law.
Where a Medicare benefit is payable for frozen gamete or embryo storage fees, these fees will be GST-free.
Where no Medicare benefit is payable, frozen gamete or embryo storage fees may in certain circumstances be GST-free. These fees will be GST-free under the second limb of the definition of a *medical service, if the storage is facilitated by a medical practitioner and is part of the appropriate treatment of the recipient of the supply.
However if a separate entity such as a medical scientist provides a supply of storage then that supply will not be a GST-free medical service under the second limb. It will be a taxable supply.