ATO Interpretative Decision

ATO ID 2002/1

Goods and Services Tax

GST and the acquisition of goods to be provided as gifts
FOI status: may be released

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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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 school, entitled to an input tax credit under section 11-20 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), when it purchases goods that will be provided to members of the school community?

Decision

Yes, the entity is entitled to an input tax credit under section 11-20 of the GST Act when it purchases goods that will be provided to members of the school community.

Facts

The entity is a school. The entity purchases goods that will be provided to members of the school community. The supply of the goods to the entity is a taxable supply under section 9-5 of the GST Act.

Gifts are provided to members of the school community:

•: during times of illness;
•: as a gesture of goodwill; or
•: as a small token of appreciation for tax-deductible gifts made to the school's building fund.

In this case, the support of parents, past students and friends is fundamental to the school's existence. Gifts are given to encourage such people to support the school, and make donations that lead to the construction of buildings and facilities.

The purchase of the goods does not relate to making supplies that would be input taxed.

The entity is registered for goods and services tax (GST).

Reasons for Decision

Under section 11-20 of the GST Act, an entity is entitled to an input tax credit for any creditable acquisition that it makes.

Under section 11-5 of the GST Act, an entity makes a creditable acquisition if:

(a): it acquires anything solely or partly for a creditable purpose;
(b): the supply of the thing to it is a taxable supply;
(c): it provides, or is liable to provide, consideration for the supply; and
(d): it is registered, or required to be registered for GST.

Firstly, it needs to be determined whether the entity acquires the goods for a creditable purpose. According to section 11-15 of the GST Act, an entity acquires a thing for a creditable purpose, to the extent it acquires it in carrying on its enterprise.

Activities which foster the fundraising potential of the entity are done so in the carrying on of the entity's enterprise. In this case, gifts are given to encourage parents, past students and friends to support the school by making donations that lead to the construction of buildings and facilities which are essential for the school's progress. As such, by giving the gifts the entity is improving its fundraising potential. Therefore, the goods are purchased in carrying on its enterprise.

However, under section 11-5 of the GST Act, an entity does not acquire the goods for a creditable purpose to the extent that:

•: the acquisition relates to making supplies that would be input taxed; or
•: the acquisition is of a private or domestic nature.

As making gifts is a way for the school to create goodwill amongst the people it deals with, those acquisitions are used for a creditable purpose. That is, the acquisitions of the gifts are not for a private or domestic purpose, nor do the acquisition relate to making supplies that are input taxed. As such, the acquisition satisfies paragraph 11-5(a) of the GST Act.

In addition, the entity is registered for GST. The supply of the goods is a taxable supply to the entity and the entity provides consideration for the goods. Therefore, the entity is making a creditable acquisition under section 11-5 of the GST Act.

Therefore, the entity acquires the goods for a creditable purpose under section 11-15 of the GST Act. As such, the acquisition satisfies paragraph 11-5(a) of the GST Act.

As the entity is making a creditable acquisition, the entity is entitled to an input tax credit under section 11-20 of the GST Act when it purchases goods that will be provided to a member of the school community.

[Note: A fund-raising event conducted by a charitable institution, a gift-deductible entity or a government school will be input taxed if the event satisfies the requirements of section 40-160 of the GST Act.

Where acquisitions are made for the purpose of an input taxed fundraising event, the acquisition will not be for a creditable purpose, and an entity will not be entitled to an input tax credit under section 11-20 of the GST Act for that acquisition.]

[HISTORY: This ATO ID was amended on 2 July 2007 to update recognised GST statements (natural person).]

Date of decision: 28 September 2001

Legislative References:
A New Tax System (Goods and Services Tax) Act 1999
   section 9-5
   section 11-5
   paragraph 11-5(a)
   section 11-15
   section 11-20
   section 40-160

Keywords
Goods & services tax
GST supplies & acquisitions
Creditable acquisition
Creditable purposes

Siebel/TDMS Reference Number: 3334642

Business Line: Indirect Tax

Date of publication: 9 January 2002

ISSN: 1445-2782

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