OPS 2016/2

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AUSTRALIAN GOVERNMENT

Taxation Administration Act 1953
paragraph 396-70(4)(b) of Schedule 1

I, Greg Williams, Deputy Commissioner of Taxation, make this determination under paragraph 396-70(4)(b) of Schedule 1 to the Taxation Administration Act 1953.

1. Name of instrument

This instrument is the Classes of Transactions for which Government Related Entities are Exempt from Providing Third Party Reports Determination 2016.

2. Commencement

This instrument commences on 1 July 2017.

3. Application

This instrument applies to government related entities (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999).

4. Determination

Government related entities (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999) are not required to provide information to the Commissioner of Taxation under table items 1 or 2 in section 396-55 of Schedule 1 to the Taxation Administration Act 1953 in relation to the following transactions:

a)

Electronic payments made:

i.

to a BPAY biller;

ii.

by recurring direct debit;

iii.

by debit or credit card payment through a merchant acquiring system; or

iv.

via third party payment processors facilitating any of the above payments.

b)

Provision of consideration to a carriage service provider for a carriage service (within the meanings of the Telecommunications Act 1997);

c)

Provision of consideration to a utility for the provision of electricity, water, sewerage or gas;

d)

Provision of consideration for transportation of employees;

e)

Provision of consideration to a general insurer for services provided in the course of the insurer's insurance business (within the meaning of the Insurance Act 1973);

f)

Provision of consideration for accommodation in commercial premises;

g)

Provision of consideration for accommodation in a hotel, motel, inn, hostel, boarding house, caravan park or camping ground;

h)

Provision of consideration for the lease of goods (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999);

i)

Provision of consideration for the creation, grant, transfer, assignment or use under licence of a right;

j)

Provision of consideration for a financial supply (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999);

k)

Provision of consideration for membership of a professional association or body;

l)

Provision of consideration for services relating to the exercise of court or tribunal functions, including consideration provided to jurors, witnesses and advocates for minors;

m)

Provision of consideration for a supply (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999) to another government related entity; or

n)

Provision of a grant to another government related entity.

5. Additional information

Entities may provide information where not reporting it would impose an increased administrative burden on the reporting entity.

6. Definitions

Consideration has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.

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Dated: 11 April 2016

Deputy Commissioner of Taxation

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Registration Number: F2016L00526

Registration Date: 14 April 2016

Related Explanatory Statements:

OPS 2016/2 - Explanatory statement

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