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Edited version of your written advice

Authorisation Number: 1051218946383

Date of Advice: 28 April 2017

Ruling

Subject: GST and the importation of bullion coins

Question 1

Are the bullion coins which have imported into Australia 'precious metals' for GST purposes?

Answer 1

Yes, the bullion coins which have imported into Australia are 'precious metals' for GST purposes.

Question 2

Is GST payable on the importation of these bullion coins?

Answer 2

No. Your importation of the bullion coins is a non-taxable importation under paragraph (b) of section 13-10 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and you therefore will not be liable to pay GST on the importation of these bullion coins.

Relevant facts and circumstances

You are an individual and recently imported the various gold and silver and platinum bullion coins into Australia.

These bullion coins are in a tradeable form on the bullion market. The price of these coins is determined by the sport price of the metal.

These bullion coins are neither proof nor numismatic coins.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999, section 13-5

A New Tax System (Goods and Services Tax) Act 1999, section 13-10

A New Tax System (Goods and Services Tax) Act 1999, section 38-385

A New Tax System (Goods and Services Tax) Act 1999, section 40-100

A New Tax System (Goods and Services Tax) Act 1999, section 195-1

Reasons for decisions

Question 1

The term 'precious metal' is defined in section 195-1 of the GST Act:

'precious metal' means:

Goods and Services Tax Ruling GSTR 2003/10 Goods and services tax: What is 'precious metal' for the purposes of GST? considers what is 'precious metal' for the purposes of GST purposes. At paragraph 9 of GSTR 2003/10 it states that “no regulations have been made to specify any other substance.” Furthermore, paragraph 10 of GSTR 2003/10 states that “to be precious metal, a thing must be the metal gold, silver, or platinum of specified fineness, or a substance listed in the regulations. The gold, silver, platinum or other substance must also be in an investment form.”

Metal gold/silver/platinum

To be metal, the item must have the character of the metal rather than the character of a thing made from the metal.

A factor that can point to whether something has lost its character as the metal gold is whether it is traded at a price that is determined by reference to the prevailing spot price for the metal. If something is not usually traded at a price determined by reference to the prevailing spot price of its metal content it is not being traded for its metal value only. For example, proof coins are traded at a price that reflects the quality of the finish over and above what is necessary to trade the metal value.

From the facts given, the bullion coins which you have imported into Australia are made of the metal such as gold, silver and platinum. The price is determined solely on their metal content and is derived from the sport price of the metal. Therefore, the bullion coins which you have imported into Australia have the character of the metal.

Investment form

What is 'in an investment form' is not defined in the GST Act, it will therefore takes it ordinary meaning. The expression in an investment form is covered under paragraphs 14 to 28 of GSTR 2003/10.

A summary of what is in an investment form is stated at paragraph 29 of GSTR 2003/10 which states:

The bullion coins which you have imported into Australia are 'in an investment form' because:

Therefore, the bullion coins which you have imported into Australia are considered to be gold in the investment form. However, the definition of 'precious metal' requires that the gold, silver and platinum in investment form must be of a specified fineness.

Specified fineness

The definition of 'precious metal' requires that the metal (in an investment form) be of at least:

Based on the information provided, the bullion coins which you have imported into Australia have the fineness as below:

Accordingly, the bullion coins which you have imported into Australia satisfies definition of 'precious metals' and are previous metal as defined in the GST Act.

Question 2

Taxable importation

Section 13-5 of the GST Act provides that an entity makes a taxable importation if:

However, an importation is not a taxable importation to the extent that it is a non-taxable importation.

Goods and Services Tax Ruling GSTR 2003/15 Goods and services tax: importation of goods into Australia provides guidance on taxable and non-taxable importations under Division 13 of the GST Act.

Paragraphs 30 and 31 of GSTR 2003/15 explain when imported goods are entered for home consumption within the meaning of the Customs Act and state:

From the information received, paragraphs 13-5(a) and 13-5(b) of the GST Act are met as you are importing the bullion coins for home consumption within the meaning of the Customs Act since you are the owner of the bullion coins in the Import Declaration.

However, the importation of the bullion coins is not a taxable importation to the extent that it is a non-taxable importation.

Non-taxable importation

Under subsection 13-10 of the GST Act, an importation is a non-taxable importation if it would have been a supply that was GST-free or input taxed if it had been a supply.

We need to determine whether the supply the bullion coins which you imported into Australia would be GST-free and/or input taxed.

Is the supply of the bullion coins when made in Australia input taxed and/or GST-free?

As discussed in question 1, the bullion coins that you have imported into Australia are 'precious metals' as defined in the GST Act. Relevant to the supply of the precious metals is sections 38-385 and 40-100 of the GST Act.

Section 38-385 of the GST Act

A supply of precious metals is GST-free under section 38-385 of the GST Act if:

You have advised that you are not a dealer in precious metals. Section 38-385 of the GST Act is therefore not applicable to you.

Section 40-100 of the GST Act

A supply of precious metal is input taxed under section 40-100 of the GST Act.

Section 40-100 of the GST Act contains no further requirements apart from the supply being a supply of precious metal. Accordingly, the supply of the bullion coins which you have imported into Australia is an input taxed supply under section 40-100 of the GST Act as these bullion coins are precious metals as defined in the GST Act.

Summary

Your importation of the bullion coins is a non-taxable importation under paragraph (b) of section 13-10 of the GST Act and you therefore will not be liable to pay GST on the importation of these bullion coins.

The rulings in the register have been edited and may not contain all the factual details relevant to each decision. Do not use the register to predict ATO policy or decisions.

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