Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012694022185
Ruling
Subject: GST and supply of membership
In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided
Questions
1. Are the membership subscriptions made by the Australian entity to overseas members GST-free under the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)?
2. Where Australian members elect to have their membership subscriptions paid through an overseas office, are the membership subscriptions made by the Australian entity to the Australian members GST-free under the GST Act?
Advice
1. Yes, the membership subscriptions made by the Australian entity to overseas members are GST-free under item 4 in the table in subsection 38-190(1) of the GST Act.
2. Where Australian members elect to have their membership subscriptions paid through an overseas office, the membership subscriptions made the Australian entity to the Australian members are not GST-free under the GST Act. The supply is a taxable supply under section 9-5 of the GST Act.