ATO Interpretative Decision
ATO ID 2006/62
Goods and Services Tax
GST and thresholds for adjustments for changes in extent of creditable purpose relating to being a former member of a GST groupFOI 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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 an acquisition made by the entity, a company that is a member of a GST group making only input taxed supplies, an acquisition that 'relates to business finance' for the purposes of Division 129 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) when the entity leaves the GST group and makes taxable supplies?
Decision
Yes, the entity's acquisition is an acquisition that 'relates to business finance' for the purposes of Division 129 of the GST Act.
Facts
The entity is a company that was a member of a GST group. The GST group made only input taxed financial supplies and exceeded the financial acquisition threshold.
While a member of the GST group, the entity only made supplies to other members of the GST group.
The entity has ceased to be a member of the GST group and does not belong to any other GST group. The entity makes only taxable supplies and is registered for goods and services tax (GST).
Reasons for Decision
Under Division 129 of the GST Act an entity may have an adjustment when the extent of creditable purpose of an acquisition changes. Whether the entity has an adjustment is affected by the GST exclusive value of the acquisition and whether there are any adjustment periods remaining for the acquisition.
To determine whether an adjustment arises or the number of adjustment periods, it is necessary to establish whether the acquisition 'relates to business finance'.
Subsection 129-10(3) of the GST Act provides that an acquisition 'relates to business finance' if, at the time of the acquisition, it related solely or partly to making financial supplies and was not solely or partly of a private or domestic nature.
At the time of the acquisition the entity was a member of the GST group and the acquisition related solely to the GST-group making financial supplies (subsection 48-45(2) of the GST Act). The entity's acquisition 'relates to business finance' notwithstanding that the entity is no longer a member of the GST group.
Therefore, the entity's acquisition is an acquisition that 'relates to business finance' for the purposes of Division 129 of the GST Act.
Legislative References:
A New Tax System (Goods and Services Tax) Act 1999
Subdivision 48-D
subsection 48-45(2)
Division 129
subsection 129-10(3)
Related Public Rulings (including Determinations)
Goods and Services Tax Ruling GSTR 2000/24
Keywords
Goods and services tax
GST net amounts & adjustments
Adjustments
GST groups
GST financial acquisitions threshold
ISSN: 1445-2782