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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private ruling

Authorisation Number: 1011760187767

Ruling

Subject: GST and recycled water and trade waste treatment services

Case summary:

In order to protect the privacy and commercial in confidence components of this private ruling the following summary is provided.

Question:

Do the 'prepayments' made by Entity A to you, represent consideration for GST-free supplies under Division 38 of the A New Tax System (Goods and Services Tax) Act 1999?

The following advice was provided:

The 'prepayments' made by Entity A to you, represent consideration for the future services that you are contracted to supply to Entity A. However, these services will only be GST-free to the extent that they fall within the scope of the relevant provisions in Division 38 of the GST Act. As a consequence, the 'prepayments' represent consideration for a mixed supply that is partly GST-free and partly taxable.


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