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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051274462311

Date of advice: 31 August 2017

Ruling

Subject: GST and medical aids and appliances

Question

Is the supply of a specified product (the product) a GST-free supply?

Answer

Yes.

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:

Item 126 in the table in Schedule 3 (Item 126) lists the medical item.

The product is specifically designed as a component for the medical item the supply of which is GST-free under item 125 in Schedule 3 (Item 125). Therefore the product is covered by Item 126. The product is not general purpose product and is not widely used by people without an illness or disability, the supply of which is not GST-free.

As all the requirements in subsection 38-45(1) of the GST Act are satisfied, you are making a GST-free supply under subsection 38-45(1) of the GST Act when you supply the product.

Relevant facts and circumstances

Your website provides that you specialise in the design and manufacture of the products.

You manufacture the product for the medical item that are sold by your customers.

You provided details of the product and your customer arrangements.

The product is specifically designed as a component for the medical item the supply of which is GST-free under Item 125. Further, the product is not a general purpose product and is not widely used by people without an illness or disability, the supply of which is not GST-free.

There is no agreement between you and your customers that the supply will not be treated as a GST-free supply.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 (GST Act) Subsection 38-45(1).

A New Tax System (Goods and Services Tax) Act 1999 (GST Act) Subsection 38-45(3).


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).