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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your private ruling

Authorisation Number: 1012231487300

Ruling

Subject: GST and the supply of a particular drug (drug)

Question

Is a supply of a drug from a wholesaler to a pharmacist or medical practitioner subject to GST?

Answer:

Yes, the supply of a drug from a wholesaler to a pharmacist or medical practitioner is subject to GST.

Relevant facts and circumstances

A copy of the product information for drug has been supplied. While it is not clearly stated in the product information that the drug is a prescribed drug, there is a statement that the use of the drug should be 'prescribed' only if the patient can be adequately monitored. .

Reasons for decision

Section 9-5 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) states:

* Denotes a term defined in subsection 195-1 of the GST Act

Based on the facts provided, we consider that your supply of the drug to pharmacists and medical practitioners satisfies paragraphs 9-5(a) - (d) of the GST Act.

Your supply of the drug is not an input taxed supply under any provision of the GST Act. However, it is necessary to consider whether it is a GST-free supply under any provision of the GST Act.

Section 38-50 of the GST Act refers to drugs and medicinal preparations etc.

Subsection 38-50(7) of the GST Act states:

A supply of a drug or medicinal preparation covered by this section is GST-free if, and only if:

In this case, the drug you supply is for human use or consumption. However, the supply is not made to an individual for their private or domestic use or consumption. Therefore, the requirements of subsection 38-50(7) of the GST Act are not satisfied. Accordingly, your supply is not a GST-free supply under section 38-50 of the GST Act.

Therefore, your supply of the drug to pharmacists and medical practitioners satisfies the requirements of section 9-5 of the GST Act as a taxable supply and it is subject to GST.


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