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This edited version has been archived due to the length of time since original publication.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: 1051275837465

Date of advice: 25 September 2017

Ruling

Subject: GST and products with added probiotics

Question

ls your supply of the products with added probiotics (products) a GST-free supply?

Answer

Yes, your supply of the products is GST-free under section 38-2 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).

The products are not food of a kind specified in the table in clause 1 of Schedule 1 to the GST Act (Schedule 1) and hence not excluded from being GST-free by paragraph 38-3(1)(c) of the GST Act.

Relevant facts and circumstances

You are registered for GST. You sell a variety of products that all contain a small percentage of added probiotics.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 section 38-2

A New Tax System (Goods and Services Tax) Act 1999 section 38-3

A New Tax System (Goods and Services Tax) Act 1999 section 38-4

A New Tax System (Goods and Services Tax) Act 1999 paragraph 38-4(1)(a)

A New Tax System (Goods and Services Tax) Act 1999 Schedule 1 clause 1.


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