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This edited version has been archived due to the length of time since original publication.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: 1013079713182

Date of advice: 29 August 2016

Ruling

Subject: GST and dry preparations

Question

Is the supply of your product GST-Free?

Answer

Yes.

The supply of your product is not excluded from being GST-free by subsection 38-3(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) as it is an ingredient for a beverage and it is a dry preparation marketed for the purpose of flavouring milk which is covered by item 9 of Schedule 2 of the GST Act. The supply of the product is therefore GST-free under section 38-2 of the GST Act.

Relevant facts and circumstances

You are registered for GST.

You sell a product made from specified ingredients.

Your product is a dry preparation marketed for the purpose of flavouring milk.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 section 38-2

A New Tax System (Goods and Services Tax) Act 1999 paragraph 38-3(1)(d)

A New Tax System (Goods and Services Tax) Act 1999 paragraph 38-4(1)(c)

A New Tax System (Goods and Services Tax) Act 1999 Schedule 2