RCTI 2005/1 (As Amended)


AUSTRALIAN GOVERNMENT

This legislative instrument has been repealed by RCTI 2015/27 - Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No. 27) 2015 (30 September 2015).

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

I, Neil Edward Mann, make the following determination under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999.
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 RCTI 2005/1.

Commencement (see Note 1)

2. (a) This determination commences on 1 July 2005.

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

Application of determination

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. A seller of reconditioned motor vehicle parts who is a recipient of a taxable supply by way of the return of a worn part, may issue a tax invoice that belongs to a class of tax invoices for a taxable supply of a worn part where the following circumstances exist:

(a)
the recipient of the worn part is registered for GST;
(b)
the recipient sells a reconditioned part to a customer;
(c)
the recipient of the worn part issues an invoice for the sale of the reconditioned part to a customer that separately itemises a deposit (generally referred to as a 'core deposit') for the supply of the worn part;
(d)
the customer later supplies a worn part to the recipient who pays the 'core deposit' to the customer;
(e)
if the customer does not supply the worn part, the 'core deposit' is retained by the supplier of the reconditioned part;
(f)
the recipient establishes the value of worn parts; and
(g)
the recipient 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 recipient must be registered for GST when the invoice is issued;
(b)
the recipient must set out in the tax invoice the Australian Business Number 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)
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;
(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; and
(v)
the recipient indemnifies the supplier for any liability for GST and penalty that may arise from an understatement of the GST payable on any of the specified supplies received on a tax invoice the recipient issues; 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. The recipient indemnifies the supplier for any liability for GST and penalty that may arise from an understatement of the GST payable on any of the specified supplies received on a tax invoice the recipient issues. 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)
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 purposes of this determination:

recipient means an entity that sells reconditioned motor vehicle parts and pays a "core deposit" as consideration for the supply of a worn part;
worn part means a used or second-hand motor vehicle part that is returned for reconditioning .

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. 1) 2005 (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: F2005L01636

Registration Date: 24 June 2005

Related Explanatory Statements:

RCTI 2005/1 - Explanatory statement