A New Tax System (Goods and Services Tax) Act 1999
A tax invoice is a document that complies with the following requirements:
(a) it is issued by the supplier of the supply or supplies to which the document relates, unless it is a *recipient created tax invoice (in which case it is issued by the *recipient);
(b) it is in the *approved form;
(c) it contains enough information to enable the following to be clearly ascertained:
(i) the supplier ' s identity and the supplier ' s * ABN ;
(ii) if the total *price of the supply or supplies is at least $1,000 or such higher amount as the regulations specify, or if the document was issued by the recipient - the recipient ' s identity or the recipient ' s ABN;
(iii) what is supplied, including the quantity (if applicable) and the price of what is supplied;
(iv) the extent to which each supply to which the document relates is a *taxable supply;
(v) the date the document is issued;
(vi) the amount of GST (if any) payable in relation to each supply to which the document relates;
(vii) if the document was issued by the recipient and GST is payable in relation to any supply - that the GST is payable by the supplier;
(viii) such other matters as the regulations specify;
(d) it can be clearly ascertained from the document that the document was intended to be a tax invoice or, if it was issued by the recipient, a recipient created tax invoice.
If the recipient is a member of a GST group, section 48-57 may relax the requirements relating to the recipient ' s identity or the recipient ' s ABN.
S 29-70(1) substituted by No 74 of 2010, s 3 and Sch 3 item 1, applicable in relation to net amounts for tax periods starting on or after 1 July 2010. S 29-70(1) formerly read:
A tax invoice for a * taxable supply :
(a) must be issued by the supplier, unless it is a * recipient created tax invoice (in which case it must be issued by the * recipient ); and
(b) must set out the * ABN of the entity that issues it; and
(c) must set out the * price for the supply; and
(d) must contain such other information as the regulations specify; and
(e) must be in the * approved form .
However, the Commissioner may treat as a tax invoice a particular document that is not a tax invoice.
S 29-70(1) amended by No 176 of 1999, s 3 and Sch 1 item 42, by inserting " However, the Commissioner may treat as a tax invoice a particular document that is not a tax invoice. " , effective 1 July 2000.
A document issued by an entity to another entity may be treated by the other entity as a *tax invoice for the purposes of this Act if:
(a) it would comply with the requirements for a tax invoice but for the fact that it does not contain certain information; and
(b) all of that information can be clearly ascertained from other documents given by the entity to the other entity.
S 29-70(1A) inserted by No 74 of 2010, s 3 and Sch 3 item 1, applicable in relation to net amounts for tax periods starting on or after 1 July 2010.
However, the Commissioner may treat as a *tax invoice a particular document that would not, apart from this subsection, be a tax invoice.
S 29-70(1B) amended by No 39 of 2012, s 3 and Sch 1 item 44, by repealing the note, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. The note formerly read:
A request to the Commissioner, to which the Commissioner agrees, to treat a document as a tax invoice is taken to be a notification of your entitlement to the relevant input tax credit: see subsection 105-55(2A) in Schedule 1 to the Taxation Administration Act 1953 .
S 29-70(1B) inserted by No 74 of 2010, s 3 and Sch 3 item 1, applicable in relation to net amounts for tax periods starting on or after 1 July 2010.
The supplier of a * taxable supply must, within 28 days after the * recipient of the supply requests it, give to the recipient a * tax invoice for the supply, unless it is a * recipient created tax invoice . (3)
A recipient created tax invoice is a * tax invoice belonging to a class of tax invoices that the Commissioner has determined in writing may be issued by the * recipient of a * taxable supply .
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