Goods and Services Tax Ruling

GSTR 2005/3A - Addendum

Goods and services tax: arrangements of the kind described in Taxpayer Alert TA 2004/9 - exploitation of the second-hand goods provisions to obtain input tax credits

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Addendum

This Addendum amends Goods and Services Tax Ruling GSTR 2005/3 to reflect changes in the law as a result of the Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010. These changes apply to tax periods starting on or after 1 July 2010.
The addendum also makes further minor amendments to GSTR 2005/3 to correct other minor non-technical errors.

GSTR 2005/3 is amended as follows:

1. Paragraph 9

(a) Omit footnote 1; substitute:

^1A Division 138.

(b) At the end of subparagraph 9(c), insert the footnote:

¹ For tax periods starting on or after 1 July 2010, it is no longer a requirement under Division 48 for the Commissioner to approve an entity's membership of a GST group or to revoke the approval of an entity as a member of a GST group. However, there is a requirement that the Commissioner be notified, in the approved form, of the formation of a GST group or the change in membership of a GST group - see sections 48-5 and 48-70.

2. Paragraph 75

After the word 'revoked'; insert the footnote:

^26A For tax periods starting on or after 1 July 2010, the Commissioner's approval is no longer required to revoke the approval of a member of a GST group. However, the representative member of the GST group is required to notify the Commissioner, in the approved form, of the removal of any member from the group - see section 48-70.

3. Paragraph 77

At the end of the first sentence; insert the footnote:

^26B For tax periods starting on or after 1 July 2010, the Commissioner's approval is no longer required to revoke the approval of a member of a GST group. However, the representative member of the GST group is required to notify the Commissioner, in the approved form, of the removal of any member from the group - see section 48-70.

4. Paragraph 90

After the words 'GST group'; insert the footnote:

^26C For tax periods starting on or after 1 July 2010, the Commissioner's approval is no longer required to revoke the approval of a member of a GST group. However, the representative member of the GST group is required to notify the Commissioner, in the approved form, of the removal of any member from the group - see section 48-70.

5. Legislative references

Insert:

-

ANTS (GST)A99 Div 48

-

ANTS (GST)A99 48-5

-

ANTS (GST)A99 48-70

6. Other references

Omit 'Explanatory Memorandum to the A New Tax System (Goods and Services) Tax Bill 1998'; substitute 'Explanatory Memorandum to the A New Tax System (Goods and Services Tax) Bill 1998'.

This Addendum applies on and from 1 July 2010.

Commissioner of Taxation
4 August 2010

References

ATO references:
NO 1-22L1IRR

Related Rulings/Determinations:

GSTR 2005/3