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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1013078042700

Date of advice: 26 August 2016

Ruling

Subject: GST and medical appliances

Question

Are you making a GST-free supply under subsection 38-45(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), when you supply products designed for people with an illness or disability:

Answer

Yes, you are making a GST-free supply under subsection 38-45(1) of the GST Act when you supply products which are designed for people with an illness or disability.

Relevant facts and circumstances

You are registered for GST.

You supply medical appliances that are designed for people with an illness or disability.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 subsection 38-45(1)

Reasons for decision

Under subsection 38-45(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) the supply of a medical aid or appliance is GST-free where the medical aid or appliance:

Your products are covered by Schedule 3 to the GST Act, are specifically designed for people with an illness or disability; and are not widely used by people without an illness or disability.

Accordingly, the supply of your products satisfies the requirements in subsection 38-45(1) of the GST Act and will be GST-free.


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