[4095] Cross-border supplies
Title
Draft update to Goods and Services Tax Ruling GSTR 2005/6 Goods and services tax: the scope of subsection 38-190(3) and its application to supplies of things (other than goods or real property) made to non-residents that are GST-free under item 2 of the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999
Purpose
GSTR 2005/6 is being updated and modernised to reflect changes to subsection 38-190(3) of the A New Tax System (Goods and Services Tax) Act 1999 made by the Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016 (SLA Act). The changes impact how goods and services tax (GST) applies to cross-border supplies. Schedule 2 of the SLA Act (generally about business-to-business supplies) applies from 1 October 2016.
Expected completion
February 2025
Contact
Katrina Bond, International, Support and Programs
Phone: (03) 8792 1539
Title
Draft update to Goods and Services Tax Ruling GSTR 2007/2 Goods and services tax: in the application of paragraph (b) of item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999 to a supply, when does 'effective use or enjoyment' of the supply 'take place outside Australia'?
Purpose
This Ruling is being updated and modernised to incorporate amendments made by the SLA Act. The changes impact how GST applies to cross-border supplies. Schedule 1 of the SLA Act (about business to consumers supplies) applies from 1 July 2017 and Schedule 2 of the SLA Act (generally about business-to-business supplies) applies from 1 October 2016.
Expected completion
February 2025
Contact
Katrina Bond, International, Support and Programs
Phone: (03) 8792 1539
[4111] Supplies of land with no improvements involving multiple titles
Title
Addendum to Goods and Services Tax Ruling GSTR 2006/6 Goods and services tax: improvements on the land for the purposes of Subdivision 38-N and Division 75
Purpose
The Addendum will reflect the decision of the Full Federal Court in Commissioner of Taxation v Landcom [2022] FCAFC 204 – that where a single piece of land comprising separately titled lots is supplied, each lot is considered separately when applying the unimproved land provisions.
Comments
The draft update to GSTR 2006/6DC2 published on 20 March 2024. Comments period closed 19 April 2024.
Expected completion
February 2025
Contact
Lachlan Hinchliff, International, Support and Programs
Phone: (07) 3121 7866
For more information, see the Decision impact statement on Commissioner of Taxation v Landcom [2022] FCAFC 204.
[4125] Food of a kind marketed as prepared meals
Title
Final Goods and Services Tax Determination
Food of a kind marketed as a prepared meal
Purpose
This Determination will outline the Commissioner's view on the meaning of 'food of a kind marketed as a prepared meal' by reference to key concepts referred to in the Federal Court decision in Simplot Australia Pty Limited v Commissioner of Taxation [2023] FCA 1115.
Comments
Revised Draft Goods and Services Tax Determination GSTD 2024/D3 Goods and services tax: supplies of food of a kind marketed as a prepared meal published on 16 October 2024. Comments period closed 15 November 2024.
Draft Goods and Services Tax Determination GSTD 2024/D1 Goods and services tax: supplies of food of a kind marketed as a prepared meal, which published on 27 March 2024, has been withdrawn.
Expected completion
To be advised
Contact
Jo Drum, International, Support and Programs
Phone: (03) 8792 1469
[4130] Supplies of sunscreen
Title
Final Goods and Services Tax Determination
Supplies of sunscreen
Purpose
This Determination sets out the Commissioner’s preliminary view on when a supply of a sunscreen preparation is GST-free under subsection 38-47(1) of the A New Tax System (Goods and Services Tax) Act 1999. Draft Goods and Services Tax Determination GSTD 2024/D2 Goods and services tax: supplies of sunscreen published on 14 August 2024. Comments period closed 13 September 2024.
Expected completion
To be advised
Contact
Sharon Iselin, International, Support and Programs
Phone: (07) 3121 7318
[4186] Toddler formula products [updated]
Title
Draft Goods and Services Tax Determination
Supplies of toddler formula products
Purpose
This Determination will outline the Commissioner's view of the term ‘infant’ in the context of table item 13 of Schedule 2 to the A New Tax System (Goods and Services Tax) Act 1999, which provides that ‘beverages, and ingredients for beverages, of a kind marketed principally as food for infants or invalids’ are GST-free. This issue is currently considered in Issue 14 – Beverage for infants of the food industry register. Since this was published, there have been significant developments in the industry and we have received feedback asking us to review if an infant can be a person beyond the age of 12 months.
Expected completion
To be advised
Comments
We are further considering the scope of the draft Determination.
Contact
Jo Drum, International, Support and Programs
Phone: (03) 8792 1469