Chapter 3
-
The exemptions
Part 3-1
-
Supplies that are not taxable supplies
Division 38
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GST-free supplies
Subdivision 38-T
-
Inbound intangible consumer supplies
History
Subdiv 38-T inserted by No 52 of 2016, s 3 and Sch 1 item 4, applicable in relation to working out net amounts for tax periods starting on or after 1 July 2017. No 52 of 2016, s 3 and Sch 1 item 39 contains the following provision:
39 Progressive or periodic supplies
(1)
If:
(a)
a supply is made under an agreement, or an enactment, that provides (expressly or impliedly) that the thing supplied is to be supplied:
(i)
for a period; or
(ii)
progressively over a period; and
(b)
that period begins before 1 July 2017 and ends on or after 1 July 2017;
then, for the purposes of the
A New Tax System (Goods and Services Tax) Act 1999
as amended by this Act and for the purposes of item 38 of this Schedule:
(c)
the supply is taken to be made continuously and uniformly throughout that period; and
(d)
to the extent that the supply is taken to be made on or after 1 July 2017:
(i)
any consideration for the supply received before the first tax period to start on or after that day is taken to be received in that tax period; and
(ii)
an invoice relating to the supply issued before the first tax period to start on or after that day is taken to have been issued in that tax period.
(2)
However, this item does not apply to:
(a)
a supply of a warranty (whether express, implied or required by law) that relates to goods or a service, if the value of the warranty was included in the price of the goods or service; or
(b)
a supply to the extent that it would be a taxable supply if the amendments made by this Schedule had not been made.
(3)
If this item has an effect in relation to a supply, it has a corresponding effect in relation to the acquisition to which the supply relates.
(4)
In this item:
warranty
has the same meaning as in section
12
of the
A New Tax System (Goods and Services Tax Transition) Act 1999
.
38-610
Inbound intangible consumer supplies
(1)
An *inbound intangible consumer supply is
GST-free
if:
(a)
it is made by a *non-resident; and
(b)
it is covered by a determination under subsection (2).
(2)
The Minister may, by legislative instrument, determine that a specified class of *inbound intangible consumer supplies are GST-free.
(3)
However, the Minister must not make the determination unless:
(a)
the *Foreign Minister has advised the Minister in writing that the treatment of the class of supplies under the *GST law would, apart from the determination, be inconsistent with Australia
'
s international obligations; and
(b)
the Minister is satisfied that similar supplies made by *Australian residents would be GST-free.
History
S 38-610 inserted by No 52 of 2016, s 3 and Sch 1 item 4, applicable in relation to working out net amounts for tax periods starting on or after 1 July 2017. See note under Subdiv
38-T
heading.