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Edited version of your written advice
Authorisation Number: 1012789664339
Ruling
Subject: GST and specific services
In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided.
Question 1:
Is the supply of specific services by an Australian company (AusCo) to its global clients (whether resident in Australia or outside Australia), pursuant to an agreement, a supply connected with Australia where the services are in respect of trading on the Australian F&O exchange?
Answer 1:
Yes, the supply of specific services by AusCo to its clients (whether resident in Australia or outside Australia) is connected with Australia, where the services are in respect of trading on the Australian F&O exchange.
Question 2:
If the answer to question (1) is 'yes', is the supply of those services by AusCo to its clients located outside Australia (that is, non-resident clients) GST-free pursuant to item 2 or item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) GST Act 1999 (GST Act)?
Answer 2:
Yes, the supply of specific services by AusCo to its non-resident clients located outside Australia is GST-free under item 2 in the table in subsection 38-190(1) of the GST Act.
Question 3:
If the answer to question (1) is 'yes', is the supply of those services by AusCo to its global clients (whether resident in Australia or outside Australia) in relation to overseas securities traded on the Australian F&O exchange GST-free pursuant to item 4 in the table in subsection 38-190(1) of the GST Act?
Answer 3:
The supply of specific services by AusCo to its Australian resident clients in relation to overseas securities traded on the Australian F&O exchange is not GST-free under item 4 in the table in subsection 38-190(1) of the GST Act.
The supply of specific services by AusCo to its non-resident clients outside Australia is GST-free under item 4(b) in the table in subsection 38-190(1) of the GST Act.
Question 4:
Is the supply of specific services by AusCo to its global clients (whether resident in Australia or outside Australia), pursuant to the agreement, a supply connected with Australia where the services are in respect of trading on the offshore F&O exchange?
Answer 4:
Yes, the supply of specific services by AusCo to its clients (whether resident in Australia or outside Australia) is connected with Australia, where the services are in respect of trading on the offshore F&O exchange.
Question 5:
If the answer to question (4) is 'yes', is the supply of those services by AusCo to its global clients (whether resident in Australia or outside Australia) in relation to trading on the offshore F&O exchange a GST-free supply pursuant to item 4(a) in the table in subsection 38-190(1) of the GST Act?
Answer 5:
Yes, the supply of specific services by AusCo to its clients (whether resident in Australia or outside Australia) in respect of trading on the offshore F&O exchange, is GST-free under item 4(a) in the table in subsection 38-190(1) of the GST Act.