ATO Interpretative Decision
ATO ID 2004/467
Goods and Services Tax
GST and a plate surroundFOI status: may be released
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the entity, a supplier of medical aids and appliances, making a GST-free supply under subsection 38-45(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), when it supplies a plate surround?
Decision
Yes, the entity is making a GST-free supply under subsection 38-45(1) of the GST Act when it supplies a plate surround.
Facts
The entity is a supplier of medical aids and appliances. The entity supplies a plate surround.
The plate surround is a metal piece that has been designed to attach to a plate so as to stop food from sliding off the plate. The plate surround is often used by people who have had strokes.
The plate surround is specifically designed for people with an illness or disability and is not widely used by people without an illness or disability.
There is no agreement between the entity and the recipient of the supply that the supply will not be treated as a GST-free supply.
The entity is registered for goods and services tax (GST).
Reasons for Decision
Under subsection 38-45(1) of the GST Act, the supply of a medical aid or appliance is GST-free where the medical aid or appliance:
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- is covered by Schedule 3 to the GST Act (Schedule 3), or specified in the A New Tax System (Goods and Services Tax) Regulations 2019(GST Regulations)
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- is specifically designed for people with an illness or disability, and
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- is not widely used by people without an illness or disability.
Item 28 in the table in Schedule 3 (Item 28) lists 'customised eating equipment for people with disabilities'.
The term 'customised' is not defined in the GST Act and therefore, it is appropriate to consider its ordinary meaning. The Macquarie Dictionary, 1997, 3rd edn, The Macquarie Library Pty Ltd NSW defines customised to mean, 'to adapt to suit the needs of a particular customer'. Item 28, therefore, covers eating equipment that has been adapted to suit the needs of people with disabilities.
The plate surround is designed to attach to a plate so as to assist a person to eat their meal without food sliding off the plate and is often used by people who have had strokes. The plate surround has been designed to suit the needs of people with disabilities and falls within the scope of customised eating equipment for people with disabilities. As such, the plate surround is covered by Item 28.
In addition, the plate surround is specifically designed for people with an illness or disability and is not widely used by people without an illness or disability. As such, the entity is making a GST-free supply under subsection 38-45(1) of the GST Act when it supplies a plate surround.
Amendment History
| Date of Amendment | Part | Comment |
|---|---|---|
| 9 April 2019 | Throughout | Updated A New Tax System (Goods and Services Tax) Regulations 1999 to A New Tax System (Goods and Services Tax) Regulations 2019. |
Legislative References:
A New Tax System (Goods and Services Tax) Act 1999
subsection 38-45(1)
Schedule 3
Schedule 3 table item 28
The Regulations
Other References:
The Macquarie Dictionary, 1997, 3rd edn, The Macquarie Library Pty Ltd NSW
Keywords
Goods and services tax
GST free
GST health
Section 38-45 - medical aids & appliances
ISSN: 1445-2782