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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051469108195

Date of advice: 8 August 2019

Ruling

Subject: Goods and services tax

The Commissioner has ruled on each of the following questions.

Question 1

Does Entity A, in its capacity as responsible entity for trust A make a reduced credit acquisition where Advisers provide Adviser Services?

Question 2

Assuming the answer to Question 1 is yes, is Entity A entitled to a reduced input tax credit equal to 75% of the GST payable on the supply?

Question 3

Does Division 84 of the A New Tax System (Goods and Services Tax) Act 1999 apply where Entity A acquires supplies of Adviser Services from non-resident Advisers for supplies not connected with the indirect tax zone?

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999:

·   Section 9-5

·   Section 11-5

·   Section 11-15

·   Section 40-5

·   Section 70-5

·   Section 70-10

·   Division 84

·   Section 84-5

A New Tax System (Goods and Services Tax) Regulations 1999:

·   Subsection 40-5.09(3)

·   Section 70-5.02

·   Subsection 70-5.02(1) Item 23(a)

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