RCTI 2000/14 (As Amended)
COMMONWEALTH OF AUSTRALIA
This legislative instrument has been repealed by RCTI 2015/15 - Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No. 15) 2015 (30 September 2015).A New Tax System (Goods and Services Tax) Act 1999
made under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901.Citation (see Note 1)
1. This determination may be cited as the A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 14) 2000.
Commencement (see Note 1)
2.(a) This determination commences on 18th August 2000.
(b) This determination does not revoke or vary any previous determination made by the Commissioner or a delegate of the Commissioner.
Application of determination
3. This determination applies to an entity not determined previously as being able to issue a tax invoice belonging to a class of tax invoices that may be issued by a recipient.
Classes of Tax Invoices that may be issued by the recipient of a taxable supply
4. A tax invoice that belongs to a class of tax invoices for a taxable supply of goods may be issued by a merchandiser that is the recipient of a sale or return basis taxable supply where the recipient:
- (i)
- establishes the value of that supply after it is made using a quantitative process; and
- (ii)
- satisfies the requirements set out in Clause 5.
Requirements that must be satisfied by a recipient of a taxable supply
5. A recipient must satisfy the following requirements:
- (a)
- the recipient must be registered for GST when the invoice is issued;
- (b)
- the recipient must set out in the tax invoice the ABN of the supplier;
- (c)
- the recipient must issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining, the value of a taxable supply and must retain the original or the copy;
- (d)
- the recipient must issue the original or a copy of an adjustment note to the supplier within 28 days of the adjustment and must retain the original or the copy;
- (e)
- the recipient must reasonably comply with its obligations under the taxation laws;
- (f)
- the recipient must have either:
- •
- (i)
- the recipient can issue tax invoices in respect of the supplies;
- (ii)
- the supplier will not issue tax invoices in respect of the supplies;
- (iii)
- the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered; and
- (iv)
- the recipient acknowledges that it is registered when it enters into the agreement and that it will notify the supplier if it ceases to be registered for GST; or
- •
- an agreement with the supplier embedded in an RCTI it issues that contains the following statement:
- The recipient and the supplier declare that this agreement applies to supplies to which this tax invoice relates. The recipient can issue tax invoices in respect of these supplies. The supplier will not issue tax invoices in respect of these supplies. The supplier acknowledges that it is registered for GST and that it will notify the recipient if it ceases to be registered. The recipient acknowledges that it is registered for GST and that it will notify the supplier if it ceases to be registered for GST. Acceptance of this RCTI constitutes acceptance of the terms of this written agreement.
- Both parties to this supply agree that they are parties to an RCTI agreement. The supplier agrees to notify the recipient if the supplier does not wish to accept the proposed agreement within 21 days of receiving this document.
- (g)
- the recipient must not issue a document that would otherwise be a recipient created tax invoice, on or after the date when the recipient or the supplier has failed to comply with any of the requirements of this determination.
- (h)
- if the recipient has a current GST turnover of less than $1,000,000, it must notify the Commissioner in writing of the recipient's intention to use recipient created tax invoices. This notification must be made before 14 days have elapsed after the first occasion that a recipient created tax invoice is issued by that recipient.
Definitions
6. The following expressions are defined for the purposes of this determination:
merchandiser means an entity that acquires goods on a sale or return basis.
sale or return basis means a supply of goods made to a merchandiser on the basis that if the goods are not sold by that entity they will be returned to the supplier.
7. Other expressions in this determination have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
Title | Date of FRLI registration | Date of commencement |
---|---|---|
Recipient Created Tax Invoice - GST Terminologies Amending Legislative Instrument 2007 | 22 May 2007 (see RCTI 2007/1) |
21 June 2007 |
Recipient Created Tax Invoice - Embedded Agreement Amending Legislative Instrument 2009 | 14 May 2009 (see RCTI 2009/1) |
1 July 2009 |
Provision affected | How affected |
---|---|
Clause 5 | am. (RCTI 2007/1) |
Clause 5 | am. (RCTI 2009/1) |
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
18 May 2009
Prepared by the Goods and Services Tax Centre of Expertise, Australian Taxation Office
Registration Number: F2007C00486
Registration Date: 18 July 2007
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