Goods and Services Tax Advice

GSTA TPP 056W

Goods and services tax: Where an employee novates a lease to his or her employer, can an invoice to the employee be treated as being received by the employer through its agent (the employee)?

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Notice of Withdrawal

Goods and Services Tax Advice GSTA TPP 056 is withdrawn with effect from today.

1. This Goods and Services Tax Advice dealt with whether an invoice held by an employee could be treated as a tax invoice by the employer in the circumstance of a novated motor vehicle lease arrangement.

2. This GSTA TPP is withdrawn as the Commissioner has waived the requirement for an employer to hold a tax invoice before attributing an input tax credit to a tax period under subsection 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999 if the requirements in A New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Acquisition of a Motor Vehicle Under a Full or Split Full Novated Lease Arrangement) Legislative Instrument 2013 (Determination) are met.

Commissioner of Taxation
27 March 2013

Not previously issued as a draft

References

ATO references:
NO 1-3WPWWCR

Related Rulings/Determinations:

TR 2006/10

Subject References:
lease
novation
invoice
agency

Legislative References:
ANTS(GST)A 1999 29-70(1)
ANTS(GST)A 1999 Div 111
TAA 1953 Sch 1 Div 358

Other References:
Novated leases questions and answers