Goods and Services Tax Ruling

GSTR 2003/6A2 - Addendum

Goods and services tax: transfers of enterprise assets as a result of property distributions under the Family Law Act 1975 or in similar circumstances

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Addendum

This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends Goods and Services Tax Ruling GSTR 2003/6 to:

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reflect the amendments to the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) which were made by Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012. In particular it reflects the amendment that inserted section 9-17 into the GST Act. Section 9-17 contains exclusions from the meaning of 'consideration' formerly contained in subsection 9-15(3). Section 9-17 is now also referred to in the definition of 'consideration' as defined by section 195-1. The amendments apply to payments made on or after 1 July 2012.

•

update references to legislation and relevant rulings that have issued since this Ruling was issued.

•

update the Date of Effect section of the ruling.

GSTR 2003/6 is amended as follows:

1. Paragraph 10

Omit the paragraph; substitute:

10. This Ruling applies both before and after its date of issue. However, this Ruling will not apply to taxpayers to the extent that it conflicts with the terms of a settlement of a dispute agreed to before the date of issue of the ruling (see paragraphs 75 and 76 of Taxation Ruling TR 2006/10).

10A. Changes made to this Ruling by Addenda that issued on 24 June 2009 and 4 September 2013 have been incorporated into this version of the Ruling.^[1A]

2. Paragraph 11

Omit the paragraphs including the Note.

3. Footnote 7

Omit the second sentence; substitute: 'Required to be registered' has the meaning given by sections 23-5, 57-20, 58-20 and 144-5 of the GST Act.'.

4. Paragraph 26

Omit 'section 9-15'; substitute 'sections 9-15 and 9-17'.

5. Footnote 20

Omit the footnote; substitute:

20 Background to Division 129 is outlined in GSTR 2000/24 and GSTR 2006/4.

6. Footnote 27

Omit the footnote; substitute:

27 For examples of direct methods see paragraph 109 of Goods and Services Tax Ruling GSTR 2006/4.

7. Footnote 29

Omit the footnote; substitute:

29 Paragraphs 99 to 100 of Goods and Services Tax Ruling GSTR 2006/4.

8. Paragraph 61

Omit second sentence; substitute 'Furthermore, the choice of method should be based on its appropriateness in your circumstances.'.

9. Footnote 30

Omit the footnote; substitute:

30 Paragraphs 100 to 102 of Goods and Services Tax Ruling GSTR 2006/4.

10. Related Rulings / Determinations

Omit:

GSTR 2000/15

Insert:

GSTR 2006/4

11. Legislative References

Omit;

TAA 1953 Sch 1 105-60

Insert:

ANTS(GST)A99 9-17

TAA 1953 Sch 1 Div 358

This Addendum applies on and from 1 July 2012.

Commissioner of Taxation
4 September 2013

References

ATO references:
NO 1-4XM4F7R