Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012892772273
Date of advice: 13 October 2015
Ruling
Subject: GST and supplies of facilities and services in Australia to foreign entities
In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided.
Question:
Are AusCo's supplies under the Agreement to the foreign entities, taxable supplies pursuant to section 9-5 of the A New Tax System (Goods and Services Tax) Act 1999 ('GST Act')?
Decision:
Yes, the supplies of the facilities and services at a location in Australia under the Agreement, to the foreign entities are taxable.
Relevant legislative provisions
A New Tax System (Goods and Services Tax) Act 1999, Section 9-5
A New Tax System (Goods and Services Tax) Act 1999, Section 38-190
A New Tax System (Goods and Services Tax) Act 1999, Section 195-1