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Edited version of your written advice

Authorisation Number: 1012723811412

Ruling

Subject: GST and vouchers

Questions and Answers:

In relation to the voucher (plastic cards):

In relation to the account facilities:

Relevant facts and circumstances

An Australian entity (you) is registered for GST.

You aim to establish a chain of stores across Australia. Each store provides services to local individual customers and also sells various products.

You are considering two operational methods for your business:

Operation Method 1

You will sell vouchers to your customers in the form of plastic cards with magnetic strip which entitle the holder to receive supplies from your chain of stores up to the value stated on the voucher.

A computer system incorporating point of sale will be installed in each store to control over-the-counter sales recording, cash and stock levels, as well as enabling it to update each customer's vouchers.

You advise that the features of your voucher (plastic cards) include:

Further, to promote your business, you will provide a bonus voucher(s) on a separate plastic card with a magnetic strip. For example, for every $XXX voucher purchased, you will offer extra credits of $XX on a separate bonus voucher (plastic card).

You also advise that your voucher (plastic card) has the following features:

Operation Method 2

In addition to the above, you will apply operation method 2 in some of your chain stores.

Under this method, you will establish and maintain an account facility for each customer with credit on it on which the account holder is entitled to draw as consideration for further supplies. To operate the account, the customer will be issued a plastic card with a magnetic strip on it. Upon being scanned, the card reads the balance of the cardholder's account in your computer system.

The customer can establish and recharge its account by buying vouchers of various face values from your chain of stores. Once the recharge is achieved the voucher can be discarded. A customer can also visit your stores in person to deposit money into their account via cash or credit card payments.

From time to time, you may offer gift vouchers as unsolicited promotional items to attract more business.

As part of a marketing strategy, you will provide a customer who has purchased vouchers of a certain face value with bonus credits. Once the customer accepts the offer his/her account is topped up. You do not receive any consideration from the customers for the bonus credits.

Relevant legislative provisions:

A New Tax System (Goods and Services Tax) Act 1999, Section 9-5

A New Tax System (Goods and Services Tax) Act 1999, Division 100

Reasons for decision

Issue 1:

Under section 9-5 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), you make a taxable supply if:

However, the supply is not a taxable supply to the extent that it is GST-free or input taxed.

Division 100 of the GST Act provides that a supply of a 'voucher' is not a taxable supply. To be a GST voucher under the special rules in Division 100 of the GST Act, an article must satisfy the requirements in section 100-25 of the GST Act as well as the requirements in section 100-5 of the GST Act.

Section 100-25 requirements

Section 100-25 of the GST Act states:

(* denotes a defined term in section 195-1 of the GST Act)

Goods and Services Tax Ruling GSTR 2003/5 covers the application of Division 100 of the GST Act, and states:

26. For a voucher to fall within subsection 100-25(1):

In determining whether an article is similar to a voucher, token, stamp or coupon its characteristics, function and purpose must be taken into consideration.

The above three requirements of subsection 100-25(1) of the GST Act are addressed in detail in paragraphs 26A to 31, 33 to 34, and 38 to 44 of GSTR 2003/5.

On the basis of the facts provided, your supply of the voucher (plastic cards) which entitles the holder to supplies from your chain of stores satisfies all the requirements of a 'voucher' in section 100-25 of the GST Act.

Section 100-5 requirements

Section 100-5 of the GST Act imposes additional conditions that must be satisfied before a section 100-25 voucher will be a Face Value Voucher (FVV). The supply of a voucher that meets such conditions is not a taxable supply.

Paragraph 56 of GSTR 2003/5 lists the additional requirements of section 100-5 of the GST Act, which are:

On the basis of the facts provided, the supply of your voucher (plastic card) satisfies all the additional requirements of section 100-5 of the GST Act.

Accordingly, the supply of your voucher is a FVV in accordance with Division 100 of the GST Act and is not subject to GST. GST is only payable on redemption of the voucher for taxable supplies of goods and services.

Issue 2:

The facts indicate that to promote your business, you will provide bonus vouchers (on separate plastic cards) for no consideration.

A requirement in section 100-5 of the GST Act is that the supply of the voucher must otherwise be a taxable supply. This is discussed at paragraphs 57 to 67 of GSTR 2003/5.

Paragraph 58 of GSTR 2003/5 states:

Accordingly, where you give away bonus vouchers for no consideration, section 100-5 of the GST Act is not satisfied and Division 100 of the GST Act does not apply.

Non-FVV

In relation to non-FVV, GSTR 2003/5 states:

Accordingly, your supply of such bonus voucher is not a taxable supply under section 9-5 of the GST Act because the supply is not for consideration. There will be no GST on the supplies on redemption of the voucher unless consideration is given in addition to the voucher by the holder and the other requirements for a taxable supply are satisfied.

Issue 3:

The facts indicate that you will supply the voucher (that is, FVV) and the bonus voucher (that is, non-FVV). A customer can choose to present either the voucher or bonus voucher to redeem for supplies of goods and services. The GST legislation does not specify the order in which a customer should redeem the voucher (a FVV) or bonus voucher (a non-FVV). The order of redeeming the voucher and bonus voucher is a commercial decision between you and the customer.

However, the following applies to the voucher that is a FVV:

Accordingly, where a FVV is unredeemed, in full or in part, when it expires, you are required to make an increasing adjustment to account for the GST payable on the FVV.

Issue 4:

The facts indicate that for some of your chain of stores you will establish and maintain an account facility for each customer with credit on it on which the account holder is entitled to draw as consideration for further supplies. The customer can establish and recharge its account by buying vouchers from your chain of stores. Once the recharge is achieved the voucher is discarded.

GSTR 2003/8 states:

In this circumstance, a credit to a customer's account (even though a plastic card may be given to create the credit or enable access/use of the credit in the account) is neither a supply of a voucher, nor a supply of money. The GST treatment of future supplies will be determined when the goods and services are supplied.

Note that in the circumstance where you make a supply of a FVV (as addressed in issue 1 above) which is later used to credit the customer's account (if applicable), the GST treatments are as outlined in both Issues 1 and 4.

Issue 5:

The facts indicate that you will provide a customer who purchases vouchers of certain face values with bonus credits. If the customer accepts the offer, you top up his/her account. You do not receive any consideration from the customer for the bonus credits.

As explained above in relation to section 9-5 of the GST Act, there is a requirement that the supply must be for consideration. A supply for no consideration is not a taxable supply.

Accordingly, where a customer uses the bonus credits (which were given for no consideration) on their account to acquire goods and services, the supply is not subject to GST. Note also that gift or unsolicited promotional items given away for no consideration are also not subject to GST.


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