WAN 2017/3


COMMONWEALTH OF AUSTRALIA

This legislative instrument replaces F2006B11621

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

I, Timothy Dyce, Deputy Commissioner of Taxation, make this determination under subsection 29-20(3) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).

1. Name of determination

This determination is the Goods and Services Tax: Waiver of Adjustment Note Requirement Determination 2017 - Members of MasterCard International and Visa International - Bank Interchange Transfers

2. Commencement

This determination commences on 1 April 2017.

3. Repeal of previous determination

This determination replaces determination A New Tax System (Goods and Services Tax) Act 1999 Waiver to hold a Adjustment Note for a Decreasing Adjustment Determination 2000 - MEMBERS of MASTERCARD INTERNATIONAL and VISA INTERNATIONAL - F2006B11621 (previous determination), registered on 24 November 2006. The previous determination is repealed from 1 April 2017.

4. Application

This determination applies to a member in certain circumstances to waive the requirement for an adjustment note under subsection 29-20(3) of the GST Act when an entity has a decreasing adjustment.

This determination is substantially the same as the determination it replaces. An entity that satisfied the requirements of the previous determination and that is a member will satisfy the requirements of this determination.

5. Circumstances in which the requirement to hold an adjustment note does not apply

A member that is the recipient of a supply of bank interchange services will not be required to hold an adjustment note in order to attribute a decreasing adjustment to a tax period provided the member satisfies the requirements in paragraph 6 of this determination.

6. Requirements that must be satisfied by a member under this determination

(1) A member will not be required to hold an adjustment note in order to attribute a decreasing adjustment to a tax period provided:

(a)
the member holds a bank interchange service report that records the adjustments
(b)
the bank interchange services report meets the requirements of subparagraph 6(2) of this determination, and
(c)
the member holds the bank interchange services report at the time the member gives its GST return for that tax period to the Commissioner.

(2) Information to be contained in a bank interchange service report :

(a)
the recipient's name
(b)
the recipient's address and/or Australian business number, and
(c)
for each supply recorded on the report -

(i)
a brief description of adjustment
(ii)
the quantity or extent of adjustment (where applicable)
(iii)
the date of adjustment
(iv)
the GST-inclusive amount of the adjustment, and
(v)
the date of the report.

(3) Although not mandatory, it may be advantageous to include a statement on the bank interchange services report to the effect that a member is not required to hold an adjustment note to attribute a decreasing adjustment covered by this determination.

7. Definitions

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

bank interchange services means a supply of credit and debit card services from other financial institutions as presented in a bank interchange service report .
bank interchange services report means a report produced by Mastercard International and/or Visa International detailing bank interchange services .
member means a member of Mastercard International and/or Visa International being a recipient of a supply of bank interchange services .

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



Dated: 12 April 2017

Timothy Dyce
Deputy Commissioner of Taxation


Registration Number: F2017L00426

Registration Date: 12 April 2017

Related Explanatory Statements:

WAN 2017/3 - Explanatory statement