Draft Goods and Services Tax Determination
GSTD 2017/D1W - Withdrawal
Goods and services tax: what is excluded from being second-hand goods by paragraph (b) of the definition of that term in Division 195 of the A New Tax System (Goods and Services Tax) Act 1999?
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Please note that the PDF version is the authorised version of this withdrawal notice.
Notice of Withdrawal
Draft Goods and Services Tax Determination GSTD 2017/D1 is withdrawn with effect from today.
1. GSTD 2017/D1 concerns paragraph (b) of the definition of 'second-hand goods' in the A New Tax System (Goods and Services Tax) Act 1999.
2. The Treasury Laws Amendment (GST Integrity) Act 2017 has repealed paragraphs (a) and (b) of the definition of second-hand goods, and introduced a new definition that applies to acquisitions of goods containing valuable metal that occur on or after 1 April 2017. This draft Determination, if finalised, would not have any ongoing effect. Accordingly, GSTD 2017/D1 is withdrawn.
3. In relation to goods acquired prior to 1 April 2017, the ATO continues to hold the view that the goods need not be in an investment form to fall within the exclusion set out in paragraph (b) of the definition, as it relevantly applies.
Commissioner of Taxation
18 October 2017
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References
ATO references:
NO 1-9DOT9Q2
Related Rulings/Determinations:
GSTD 2017/D1
GSTR 2003/10
GSTR 2006/3
GSTR 2006/4
Legislative References:
ANTS(GST)A 1999
ANTS(GST)A 1999 3-5(1)
ANTS(GST)A 1999 9-75(1)
ANTS(GST)A 1999 Div 66
ANTS(GST)A 1999 66-10
ANTS(GST)A 1999 165-40
ANTS(GST)A 1999 195-1
ANTS (Indirect Tax and Consequential Amendments) Act (No. 2) 1999
ANTS (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 Sch 1 item 145
ANTS (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 Sch 1 146
Case References:
Cooper Brookes (Wollongong) Pty Ltd v. Federal Commissioner of Taxation
(1981) 147 CLR 297
(1981) 55 ALJR 434
(1981) 35 ALR 151
(1981) 11 ATR 949
(1981) 81 ATC 4292
[1981] HCA 26
Commonwealth v. Baume
(1905) 2 CLR 405
Plaintiff M70 v. Minister
[2011] HCA 32
(2011) 122 ALD 237
(2011) 280 ALR 18
(2011) 85 ALJR 891
[2011] ALMD 4855
[2011] ALMD 4856
[2011] ALMD 4857
(2011) 244 CLR 144
Taylor v. Owners - Strata Plan No 11564
[2014] HCA 9
(2014) 306 ALR 547
[2014] ALMD 2863
[2014] ALMD 3094
[2014] ALMD 3139
[2014] Aust Torts Reports 82-168
(2014) 253 CLR 531