14.a. Who has the liability to pay GST where vehicles are sold on consignment?

For source of ATO view, refer to paragraphs 20 to 25 of GSTR 2000/37External Link - Goods and services tax: agency relationships and the application of the law.

Where a dealer is acting as agent for the other party, the principal, and does not obtain title to the vehicle, the GST liability, if any, on the supply of the vehicle rests with the principal, and not the dealer. The dealer would have a GST liability in relation to the supply of a selling service, if a commission is received from the principal.

When the dealer is acting on behalf of a registered person, the dealer may issue the tax invoice rather than the principal.

Registered entities may enter into an arrangement in writing, under which an agent acting for a principal will be treated as a supplier or acquirer, ie, as a principal in their own right. The agent will issue the tax invoice and adjustment notes to the third parties and the principal will not issue such documents. Certain conditions will apply.

    Last modified: 07 Jun 2012QC 16411