RCTI 2000/9 (As Amended)


COMMONWEALTH OF AUSTRALIA

This legislative instrument has been repealed by RCTI 2015/26 - Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No. 26) 2015 (30 September 2015).

A New Tax System (Goods and Services Tax) Act 1999

made under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901.
This compilation was prepared on 18 May 2009 taking into account amendments up to Recipient Created Tax Invoice - Embedded Agreement Amending Legislative Instrument 2009

Citation (see Note 1)

1. This determination may be cited as the A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 9) 2000.

Commencement (see Note 1)

2.(a) This determination commences on the date the A New Tax System (Goods and Services Tax) Act 1999 commences.

(b) This determination does not revoke or vary any previous determination made by the Commissioner.

Application of determination

3. 3. This determination applies to an entity not determined previously as being able to issue a tax invoice belonging to a class of tax invoices that may be issued by a recipient.

Classes of Tax Invoices that may be issued by the recipient of a taxable supply

4. 4. A Direct Selling Association of Australia Inc (DSAA) member who is the recipient of a taxable supply may issue a tax invoice that belongs to a class of tax invoices for a taxable supply by a recruiting distributor where the recipient:

(i)
establishes the value of the supply rather than the supplier;
(ii)
satisfies the requirements set out in Clause 5.

Requirements that must be satisfied by a recipient of a taxable supply

5. A recipient must satisfy the following requirements:

(a)
the supplier and the recipient must be registered for GST when the invoice is issued;
(b)
the recipient must set out in the tax invoice the ABN of the supplier;
(c)
the recipient must issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining, the value of a taxable supply and must retain the original or the copy;
(d)
the recipient must issue the original or a copy of an adjustment note to the supplier within 28 days of the adjustment and must retain the original or the copy;
(e)
the recipient must reasonably comply with its obligations under the taxation laws;
(f)
(f) the recipient must have either:

·
a written agreement with the supplier specifying the supplies to which it relates, that is current and effective when the RCTI is issued, agreeing that:
(i)
the recipient can issue tax invoices in respect of the supplies;
(ii)
the supplier will not issue tax invoices in respect of the supplies;
(iii)
the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered; and
(iv)
the recipient acknowledges that it is registered when it enters into the agreement and that it will notify the supplier if it ceases to be registered for GST; or
·
an agreement with the supplier embedded in an RCTI it issues that contains the following statement:
The recipient and the supplier declare that this agreement applies to supplies to which this tax invoice relates. The recipient can issue tax invoices in respect of these supplies. The supplier will not issue tax invoices in respect of these supplies. The supplier acknowledges that it is registered for GST and that it will notify the recipient if it ceases to be registered. The recipient acknowledges that it is registered for GST and that it will notify the supplier if it ceases to be registered for GST. Acceptance of this RCTI constitutes acceptance of the terms of this written agreement.
Both parties to this supply agree that they are parties to an RCTI agreement. The supplier agrees to notify the recipient if the supplier does not wish to accept the proposed agreement within 21 days of receiving this document;

(g)
(g) the recipient must not issue a document that would otherwise be a recipient created tax invoice, on or after the date when the recipient or the supplier has failed to comply with any of the requirements of this determination.

Definitions

6. The following expressions are defined for the purpose of this determination:

Direct Selling Direct selling is a form of non-store selling in Australia which involves face to face selling and generally relies upon selling to friends and neighbours and other customers.

Recruiting Distributor The members of the DSAA in general use networks of independent distributors to sell the member's products. Independent distributors are encouraged to recruit other persons into the business and these other persons become part of the recruiting distributors network or downline.

7. Other expressions in this determination have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.

Note 1:
The A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 9) 2000 (in force under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title Date of FRLI registration Date of commencement
Recipient Created Tax Invoice - Embedded Agreement Amending Legislative Instrument 2009 14 May 2009
(see RCTI 2009/1)
1 July 2009
Table of Amendments
Provision affected How affected
Clause 5 am. (RCTI 2009/1)
ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted



18 May 2009

Prepared by the Goods and Services Tax Centre of Expertise, Australian Taxation Office


Registration Number: F2005B02426

Registration Date: 15 September 2005