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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1013058861118

Date of advice: 27 July 2016

Ruling

Subject: Baked meat pieces

Question

Is the supply of your product a GST-free supply?

Answer

Yes, the supply of your product is GST-free under section 38-2 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) because:

    • Your product is a food for human consumption and satisfies the definition of food (paragraph 38-4(1)(a) of the GST Act) and

    • the supply of your product does not fall within any exclusions in section 38-3 of the GST Act.

Relevant facts and circumstances

You are registered for GST.

You are yet to launch your product.

Your product is made from 100% meat.

Your product will be supplied to petrol stations and convenience stores.

Your product will be sold in the Supermarket dairy aisle. Surrounding products will include Bacon, Ham, Salami, Frankfurts and Hot Dogs.

Your product is not frozen, but requires refrigeration.

Your product is sold cold.

Your product does not require further cooking or heating for consumption.

Your product is not marketed as a prepared meal.

Relevant legislative provisions

Section 38-2 of the A New Tax System (Goods and Services Tax) Act 1999

Paragraph 38-4(1)(a) of the A New Tax System (Goods and Services Tax) Act 1999

Section 38-3 of the A New Tax System (Goods and Services Tax) Act 1999

Schedule 1 of A New Tax System (Goods and Services Tax) Act 1999