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WTI 2004/10

AUSTRALIAN GOVERNMENT

This legislative instrument has been repealed by WTI 2008/2 - Corporate Card Statements (3 September 2008).

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

I, Anthony Long in the exercise of the powers and functions conferred upon me, by delegation from the Commissioner of Taxation pursuant to section 8 of the Taxation Administration Act 1953 (Cth), do hereby determine Under subsection 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999:

Citation

1. This determination is the A New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement Determination (No. 10) 2004 - Visa International Purchasing Card.

Commencement

2. (a) This determination commences on 11 August 2004.

(b) This determination does not revoke, amend or vary any previous determination made by the Commissioner.

Circumstances where the requirement for a tax invoice does not apply

3. The circumstance set out in the following paragraphs is the circumstance of a kind in which the requirement for a tax invoice under subsection 29-10(3) of the Act does not apply.

4. A member will not be required to hold a tax invoice for a creditable acquisition purchased with the Visa Purchasing Card in order to attribute an input tax credit on the acquisition to a tax period provided that at the time the member gives its GST return/Business Activity Statement for the tax period to the Commissioner:

(a)
The member holds a matched data file produced by the Visa Purchasing Card provider or Visa International that includes the following details:

(i)
The member's name;
(ii)
The name(s) of the person(s) or department(s) who uses the Visa Purchasing Card to purchase the creditable acquisition;
(iii)
The member's Australian Business Number ('ABN') or address;
(iv)
For each acquisition for which the member may claim an input tax credit the matched data file has:

•
the date the member purchased the acquisition;
•
the supplier's name;
•
the supplier's ABN;
•
the supplier's Branch Registration Number (where applicable);
•
a brief description of the acquisition or, if that is not available, a description of the supplier's industry;
•
the amount of GST paid;
•
the total amount paid; and

(b)
The member has an effectively regulated corporate policy for making adjustments for expenditure on the Visa Purchasing Card that is of a private or domestic nature and were not made in connection with carrying on the member's enterprise;
(c)
The member has supplementary documentation supporting each acquisition on the matched data file that has a private or domestic component and the documentary evidence clearly identifies the creditable and non-creditable components of the acquisition;
(d)
The Visa Purchasing Card provider, Visa International, and the member meet the conditions set out in paragraphs 5, 6 and 7 below.

5. The Visa Purchasing Card provider or Visa International must provide the date each supply on the matched data file was purchased.

6. Visa International must retain a copy of the matched data file that they produce for a period of 5 years from the date of the last supply recorded on that file.

7. Where any of the information in relation to a particular supply recorded on the matched data file is not provided by the supplier/merchant to the Visa Purchasing Card provider/acquirer/Visa International, all of the following requirements must be satisfied:

(a)
The member must be a qualifying member;
(b)
The particular supply recorded on the matched data file must only have been acquired and recorded by way of an electronic purchasing system;
(c)
The supplier must have provided the following details to the qualifying member for recording on the electronic purchasing system:

(i)
the supplier's name;
(ii)
the supplier's ABN;
(iii)
the supplier's Branch Registration Number (where applicable);
(iv)
in relation to each potential supply that can be acquired via the electronic purchasing system:

•
a brief description of the potential supply;
•
the amount of GST to be paid; and
•
the total price to be paid;

(d)
The supplier or the qualifying member must provide Visa International with:

(i)
the supplier's ABN; and
(ii)
the supplier's Branch Registration Number (where applicable);

(e)
For each acquisition initiated via the electronic purchasing system the qualifying member must provide a purchase order to the supplier that contains the following information:

(i)
full or partial Visa purchasing card number;
(ii)
date of the purchase order ;
(iii)
the supplier's name;
(iv)
the supplier's ABN;
(v)
the supplier's Branch Registration Number (if applicable);
(vi)
the recipient's name;
(vii)
the recipient's ABN or address;
(viii)
a brief description of each thing supplied;
(ix)
for each description, the quantity of the goods or the extent of the services supplied;
(x)
the price of the supply; and
(xi)
the amount of GST payable;

(f)
A qualifying member must satisfy the following requirements:

(i)
The qualifying member must provide to Visa International the following purchase order data from each purchase order;

•
the date of the purchase order;
•
the qualifying member's purchasing card number;
•
the supplier's name or ABN;
•
a brief description of each thing supplied;
•
the price of the supply; and
•
the amount of GST payable;

(ii)
the qualifying member must reasonably comply with its obligations under the taxation laws;
(iii)
the qualifying member will transmit purchase order data to Visa International pursuant to a written agreement that the qualifying member has with the supplier which specifies the supplies which will be made via the electronic purchasing system and contains the following terms:

•
the qualifying member and the supplier agree that the qualifying member will transmit purchase order data to Visa International;
•
the supplier and the qualifying member must be registered for GST at the time that the supplier makes the supply recorded on the matched data file;
•
the supplier acknowledges that it will notify the qualifying member if it ceases to be registered for GST;
•
if the supplier issues a tax invoice that relates to a supply specified in the agreement, the supplier agrees that the tax invoice will be marked prominently or easily identifiable as having resulted from an electronic purchasing system transaction;

Situations where a tax invoice is still required

8. The member will still need to obtain a tax invoice before attributing input tax credits to a tax period for a supply recorded on the matched data file where:

(a)
there is an error on the matched data file in relation to the supply; or
(b)
paragraph 7 applies to that supply and a requirement set out in paragraph 7 is not satisfied in relation to that supply.

Definitions

9. The following expressions are defined for the purposes of this determination:

the Act means the A New Tax System (Goods and Services Tax) Act 1999.
acquirer is a financial institution that signs a merchant and is responsible for settlement to the merchant of the card transactions processed through that merchant.
electronic purchasing system is a computer based system that:

(a)
allows a recipient to initiate the acquisition of supplies by transmission of an electronic based purchase order to the supplier, and
(b)
records information in relation to acquisitions made by the recipient, and
(c)
ensures that functions mentioned in paragraph (a) and (b) are undertaken in an accurate and reasonably secure manner.

matched data file is a file that is produced by Visa International and is issued by a Visa Purchasing Card provider or Visa International to a member. The files must only contain transactions where the issuer's transaction data and the purchase order data file have been positively matched using the following data fields:

(a)
the supplier's name or identification number;
(b)
the purchasing card number;
(c)
the price; and
(d)
the date.

member is a registered entity that holds a Visa Purchasing Card.
person(s) who uses the Visa Purchasing Card includes a partner, sole trader, director or employee of an entity.
qualifying member is a member that meets the requirements set out in any of the following paragraphs

(a)
an entity that is a government related entity; or
(b)
in respect of the entity, either:

(i)
a determination under section 27-15 of the Act is in effect; or
(ii)
a determination under section 27-15 of the Act would have been in effect if paragraphs 188-15(1)(a), 188-15(2)(b), 188-20(1)(a) or 188-20(2)(b) did not apply; or

(c)
the entity either:

(i)
satisfies or could satisfy the membership requirements of a GST group set out in section 48-10 of the Act;
(ii)
is nominated in an application for approval of a GST joint venture made under paragraph 51-5(1)(c) to be the joint venture operator of the joint venture; or
(iii)
is approved as the joint venture operator of the joint venture under paragraph 51-70(1)(c); and
(iv)
in respect of the entity or any other relevant entity, either:

•
a determination under section 27-15 of the Act is in effect; or
•
a determination under section 27-15 of the Act would have been in effect if paragraphs 188-15(1)(a), 188-15(2)(b), 188-20(1)(a) or 188-20(2)(b) did not apply.

relevant entity means an entity that:

(a)
satisfies or could satisfy the membership requirements of the same GST group as a recipient;
(b)
is a participant, or has applied as a participant, in the same GST joint venture as a recipient; or
(c)
is or could be a member of a GST group of which an entity referred to in paragraph (b) is also or could also be a member.

Visa International means the Visa International Service Association Inc.
Visa Purchasing Card is a Visa International branded card that is issued to and in the name of an entity and is used to purchase goods and services for commercial purposes.
Visa Purchasing Card provider is a financial institution that issues Visa Purchasing Cards.

Other expressions in this determination have the same meaning as in the Act.


Dated this 11th day of August 2004.

Anthony Long
ASSISTANT DEPUTY COMMISSIONER OF TAXATION
Goods and Services Tax (Financial Supplies & Insurance)

Registration Number: F2005B01867

Registration Date: 9 June 2005


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