Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016 (52 of 2016)

Schedule 1   Tax integrity: extending GST to digital products and other services imported by consumers

Part 1   Main amendments

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

4   At the end of Division 38

Add:

Subdivision 38-T - Inbound intangible consumer supplies

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.