Senate

A New Tax System (Goods and Services Tax) Bill 1998 (Amendments and Requests for Amendments)

A New Tax System (Goods and Services Tax Transition) Bill 1998(Requests for Amendments)

A New Tax System (Goods and Services Tax Administration) Bill 1998 (Amendment)

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

SUPPLEMENTARY Explanatory Memorandum

Amendments to be moved on behalf of the Government (Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

General outline and financial impact

Amendments to A New Tax System (Goods and Services Tax) Bill 1998

Amendments are made to the A New Tax System (Goods and Services Tax) Bill 1998(GST Bill) to:

enable the Commissioner of Taxation (the Commissioner) to determine tax periods other than monthly tax periods in certain cases;
allow charitable institutions, trustees of charitable funds and gift-deductible entities to account on a cash basis even if their turnover exceeds the cash accounting turnover threshold;
provide that tax invoices are not required for gambling supplies; and
provide further clarification of the rules that deal with periodic supplies and acquisitions.

Date of effect : 1 July 2000.

Proposal announced : Not announced.

Financial impact : Negligible.

Compliance cost impact : Nil but expected to decrease costs for taxpayers.

Requests for amendments to A New Tax System (Goods and Services Tax) Bill 1998

Requests for amendments to the GST Bill to:

provide that appropriations by an Australian Government Agency are not subject to Goods and Services Tax (GST);
ensure transfers to an overseas branch of an entity are treated as GST-free exports;
remove the requirement that the supplier notify a debtor that a debt has been written-off and instead provide for adjustments where a debt has been outstanding for 12 months or more;
extend GST-free treatment to all supplies of personal care and nursing services by approved providers; limit the GST-free services to residents requiring personal or nursing care; and ensure that GST-free treatment is confined to the type of services covered by the Quality of Care Principles made under section 96-1 of the Aged Care Act 1997 ;
extend GST-free treatment to spare parts specifically designed for a medical aid or appliance in Schedule 1 to the GST Bill;
ensure that subsequent supplies of second-hand goods by a charity remain GST-free as long as the goods retain their original character;
ensure that GST is not imposed on raffles and bingo conducted by charities;
enable the GST-free treatment applied to the supply of going concerns to also apply to sales of farm land;
provide suppliers of long term accommodation in commercial residential premises the choice of treating their supplies as either input taxed or valued at 50%;
extend the grouping provisions to include partnerships and trusts;
allow non-resident companies to be part of a GST group and require the representative member to be an Australian resident;
clarify the treatment of input taxed supplies between members of GST groups;
clarify who is entitled to diesel fuel credits within GST groups and GST joint ventures;
clarify the input tax credit treatment for luxury cars;
treat strata and similar titles in the same way as freehold interests and long term leases;
clarify how GST applies to insurance transactions;
allow input tax credits where an entity reimburses expenses incurred by an employee, agent, partner or company officer;
allow a full diesel fuel credit for the transport of sugar cane by sugar cane rail transport;
include casino rebates in the calculation of the gambling margin so that GST is charged on the correct amount;
modify the rules in relation to adjustments for changes in creditable purpose so that no adjustment is necessary in certain circumstances;
provide that adjustments for supplies of things used to make supplies are only required in certain circumstances and correct how the adjustment is calculated;
limit the application of the anti-avoidance rules, particularly the principal effect test; and
clarify that an entity is entitled to input tax credits for creditable acquisitions made from the Government.

Date of effect : 1 July 2000.

Proposal announced : Not announced.

Financial impact : Negligible.

Compliance cost impact : Nil but expected to decrease costs for taxpayers.

Requests for amendments to A New Tax System (Goods and Services Tax Transition) Bill 1998

Requests amendments to the A New Tax System (Goods and Services Tax Transition) Bill 1998 (Transition Bill) to:

ensure transitional arrangements cover supplies of rights paid for periodically on or after 1 July 2000;
amend the rules that deal with review opportunities;
extend the transitional wholesale sales tax (WST) credit for imported second hand goods held for sale or exchange at the start of 1 July 2000;
exclude imported second hand goods from the second hand goods transitional arrangements;
make provision for insurance claims made after the commencement of the GST legislation and relating to events where the time is uncertain;
provide transitional rules that allow a choice to claim input tax credits, in certain circumstances, for premiums paid on insurance policies before 1 July 2003;
amend the rate of excise or customs duty used to calculate diesel fuel credits on diesel or like fuel acquired or imported before 1 October 2000; and
ensure the reduction in the WST rate from 32% to 22% will apply from 21 days after Royal Assent of the GST Bill.

Date of effect : The requests for amendments will apply from the same date to which the relevant provisions in the Transition Bill will have effect. Generally, this will be 1 July 2000.

Proposal announced : Not announced.

Financial impact : Negligible. The request that relates to the reduction in the WST rate from 32% to 22% is expected to have a small financial impact compared to the Mid-Year Economic and Fiscal Outlook estimates. However, this depends on the time of Royal Assent to the GST Bill.

Compliance cost impact : Negligible.

Amendments to A New Tax System (Goods and Services Tax Administration) Bill 1998

A technical amendment is required to the A New Tax System (Goods and Services Tax Administration) Bill 1998to provide that decisions the Commissioner makes in relation to special tax periods are reviewable GST decisions.

Date of effect : 1 July 2000.

Proposal announced : Not announced.

Financial impact : Nil.

Compliance cost impact : Nil.


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