• Racing and Gambling Industry Partnership - GST and racing owners - issues register



    Where appropriate, individual issues in this issues register include a reference to a public ruling which is related to the relevant issue. In some cases, the issue is itself labelled as a public ruling for the purposes of section 105-60 of Schedule 1 to the Taxation Administration Act 1953. Where an issue in this issue register simply sets out the way the law applies, rather than dealing substantially with a question of legal interpretation, we have added to the item the description 'non-interpretative'.

    From 1 July 2010, issues labelled as a public ruling in this register will continue to be a public ruling even though section 105-60 of Schedule 1 of the Taxation Administration Act 1953 has been repealed.

    A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes.

    If you rely on issues in this register that are a ruling, we must apply the law to you in the way set out in the ruling. However, if we are satisfied that the ruling is incorrect and disadvantages you, we may apply the law in a way that is more favourable for you - provided we are not prevented from doing so by a time limit imposed by the law. You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you.

    Issues in this register that have not been labelled as public rulings, constitute written guidance. If you follow our information on these issues and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we must still apply the law correctly. If that means you owe us money, we must ask you to pay it but we will not charge you a penalty. Also, if you acted reasonably and in good faith we will not charge you interest. If correcting the mistake means we owe you money, we will pay it to you. We will also pay you any interest you are entitled to.

    End of attention

    How does GST affect the racing industry?

    This publication covers owners in the thoroughbred, standardbred and greyhound industries. The principles in this document will also apply to other codes that race animals.

    An 'entity' that carries on an 'enterprise' is entitled to register for GST. It is important to establish the entity initially and this is discussed in question 1. Meeting the entity test does not, of itself, entitle you to register for GST. To register for GST the entity must meet the enterprise test which is discussed in question 2.

    In this publication we particularly examine the concepts of entity and enterprise in respect to the racing industry. We provide examples to assist owners, lessors and lessees in determining their status in relation to these concepts. In this publication references to registered for GST means that the entity is registered for GST in relation to their racing activities.

    In the racing industry there will be situations where there is more than one entity supplying an animal to race. Each entity is treated as making a separate supply of their interest in the animal to race for GST purposes.

      Last modified: 17 May 2013QC 16398