Goods and Services Tax Ruling

GSTR 2008/3A3 - Addendum

Goods and services tax: dealings in real property by bare trusts

Addendum

This Addendum amends Goods and Services Tax Ruling GSTR 2008/3 to reflect amendments to the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). In particular, the Addendum updates GSTR 2008/3 for amendments made to Subdivision 29-C.

The amendments to Subdivision 29-C are in relation to tax invoices and apply to net amounts for tax periods starting on or after 1 July 2010.

The Addendum also makes further minor amendments to GSTR 2008/3 to correct other minor non-technical errors and to update the references section of GSTR 2008/3.

GSTR 2008/3 is amended as follows:

1. Date of effect

After paragraph 9, insert:


10. Changes made to this Ruling by Addenda that issued on 15 October 2008, 31 October 2012 and 27 March 2013 have been incorporated into this version of the Ruling.[2A]

2. Paragraph 20

Omit 'and its regulations'.

3. Paragraph 21

Omit 'section 29-70 and its corresponding regulations'; substitute 'subsection 29-70(1)'.

4. Paragraph 76

Omit the paragraph; substitute:


76. A tax invoice is a document that complies with the following requirements:

·
it is issued by the supplier of the supply or supplies to which the document relates (paragraph 29-70(1)(a));
·
it is in the approved form (paragraph 29-70(1)(b));
·
it contains enough information to enable the following to be clearly ascertained:

-
the identity and ABN of the supplier (subparagraph 29-70(1)(c)(i));
-
the identity or ABN of the recipient if the total price of the supply or supplies is at least $1,000, or such higher amount as the regulations specify (subparagraph 29-70(1)(c)(ii));
-
what is supplied, including the quantity (if applicable) and the price (subparagraph 29-70(1)(c)(iii));
-
the extent to which each supply included on the document is a taxable supply (subparagraph 29-70(1)(c)(iv));
-
the date the document is issued (subparagraph 29-70(1)(c)(v));
-
the amount of GST (if any) payable in relation to each supply included on the document (subparagraph 29-70(1)(c)(vi)); and
-
such other matters as the regulations specify (subparagraph 29-70(1)(c)(viii));[31A]

·
it can be clearly ascertained from the document that the document was intended to be a tax invoice (paragraph 29-70(1)(d)); and
·
it sets out the GST branch registration number of the GST branch (if applicable) (subsection 54-50(1)).

5. Paragraph 77

Omit the paragraph; substitute:


77. However, subsection 29-70(1B) gives the Commissioner discretion to treat as a tax invoice a particular document which is not a tax invoice.

6. Paragraph 79

Insert after paragraph 79:


79A. The Commissioner has made a determination under subsection 29-10(3) to waive the requirement for the recipient to hold a tax invoice before attributing an input tax credit to a tax period, if certain circumstances are met. The circumstances are:

·
the trust or trustee's identity or ABN appear as the supplier or recipient instead of the beneficiary's,
·
the recipient or their agent holds a document that contains the identity and ABN of the trust or trustee (for supplies) or the identity or ABN of the trust or trustee (for acquisitions), and
·
the document otherwise satisfies the requirements of subsection 29-70(1).[31B]

7. Legislative references

Omit:


- ANTS(GST)A 1999 29-70(1)(b)

- ANTS(GST)R 1999 29-70.01(2)

Insert:


- ANTS(GST)A 1999 29-70(1)(c)(i)

- ANTS(GST)A 1999 29-70(1)(c)(ii)

- ANTS(GST)A 1999 29-70(1)(c)(iii)

- ANTS(GST)A 1999 29-70(1)(c)(iv)

- ANTS(GST)A 1999 29-70(1)(c)(v)

- ANTS(GST)A 1999 29-70(1)(c)(vi)

- ANTS(GST)A 1999 29-70(1)(c)(viii)

- ANTS(GST)A 1999 29-70(1)(d)

- ANTS(GST)A 1999 29-70(1B)

- ANTS(GST)A 1999 54-50(1))

8. Other references

Insert:


- A New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Acquisitions from or Acquisitions by a Beneficiary of a Bare Trust) Legislative Instrument 2013.

This Addendum explains the Commissioner's view of the law as it applies from 1 July 2010.

Commissioner of Taxation
27 March 2013

Footnotes


Refer to each Addendum to see how that Addendum amends this Ruling.


At the time of issuing this Ruling, the regulations do not specify any other matters for tax invoices.


A New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Acquisitions from or Acquisitions by a Beneficiary of a Bare Trust) Legislative Instrument 2013.

References

ATO references:
NO 1-257DXEH

ISSN: 1443-5160