Taxation Administration Act 1953

(a) prepare a report in the *approved form setting out information about any transactions described in that item that happened during this period:

(i) a *financial year; or

(ii) such other period as the Commissioner specifies by legislative instrument for that item; and

(b) give the report to the Commissioner on or before:

(i) the 31st day after the end of that period; or

(ii) such other time after the end of that period as the Commissioner specifies by legislative instrument for that item;

unless section 396-65 , or a notice or determination under section 396-70 , provides that the entity is not required to do so.

Information to be reported by third parties about transactions
	Column 1	Column 2
Item	This entity:	must report information about this transaction:
1	a government related entity (within the meaning of the GST Act), other than a local governing body	the provision of a grant by the entity to an entity that has an *ABN
2	a government related entity (within the meaning of the *GST Act)	the provision of consideration (within the meaning of the *GST Act):
		(a)	by the entity to an entity; and
		(b)	wholly or partly for a *supply of services;
		unless the supply of services is merely incidental to a supply of goods (within the meaning of the GST Act)
3	a State or Territory	the transfer of a freehold or leasehold interest in real property situated in the State or Territory
4	*ASIC	a transaction about which data has been delivered to ASIC under the market integrity rules
5	a participant (within the meaning of the Corporations Act 2001 ) in an *Australian financial market	a transaction, involving the participant, that:
		(a)	results in a change to the type, name or number of *shares in a company, or units in a unit trust, that are held by another entity; and
		(b)	is a transaction about which data is required to be delivered to ASIC under the market integrity rules
6	a company whose shares are listed for quotation in the official list of an Australian financial market	a transaction that:
		(a)	results in a change to the type, name or number of *shares in the company that are held by an entity; and
		(b)	is not a transaction about which data is required to be delivered to ASIC under the market integrity rules
7	the trustee of a unit trust	a transaction that:
		(a)	results in a change to the type, name or number of units in the unit trust that are held by an entity; and
		(b)	is not a transaction about which data is required to be delivered to ASIC under the market integrity rules
8	the trustee of a trust (other than a unit trust)	a transaction that results in a change to the type, name or number of any *shares in a company, or units in a unit trust:
		(a)	that are held as assets of the trust; and
		(b)	to which one or more entities are absolutely entitled as beneficiaries of the trust;
		unless the trustee gives the Commissioner an *income tax return for the income year in which the transaction was entered into
9	an administrator of a payment system (within the meaning of the Payment Systems (Regulation) Act 1998 )	a transaction involving an electronic payment if:
		(a)	the transaction is facilitated by the payment system on behalf of an entity; and
		(b)	the administrator reasonably believes that the transaction:
				(i)	provides a payment to the entity, or provides a refund or cash to a customer of the entity; and
				(ii)	is for the purposes of a *business carried on by the entity
9A	an *eligible community housing provider	the issuing by the provider of a certificate under section 980-15 of the Income Tax Assessment Act 1997
10	a company	the issuing by the company of a share that could give rise to an entitlement to a tax offset (or a modified CGT treatment) under Subdivision 360-A of the Income Tax Assessment Act 1997
11	an entity that makes a supply of a cleaning service and has an ABN	the provision of consideration (within the meaning of the GST Act) by the entity to another entity wholly or partly for the supply by the other entity of a cleaning service, unless:
		(a)	the entities are members of the same consolidated group or *MEC group; or
		(b)	Division 12 requires that an amount be withheld from the payment of the consideration
12	an entity that makes a supply of a courier service or a road freight service and has an ABN	the provision of consideration (within the meaning of the GST Act) by the entity to another entity wholly or partly for the supply by the other entity of a courier service or a road freight service, unless:
		(a)	the entities are members of the same consolidated group or *MEC group; or
		(b)	Division 12 requires that an amount be withheld from the payment of the consideration
13	an entity that makes a supply of a security, investigation or surveillance service and has an ABN	the provision of consideration (within the meaning of the GST Act) by the entity to another entity wholly or partly for the supply by the other entity of a security, investigation or surveillance service, unless:
		(a)	the entities are members of the same consolidated group or *MEC group; or
		(b)	Division 12 requires that an amount be withheld from the payment of the consideration
14	an entity that makes a supply of an information technology service and has an ABN	the provision of consideration (within the meaning of the GST Act) by the entity to another entity wholly or partly for the supply by the other entity of an information technology service, unless:
		(a)	the entities are members of the same consolidated group or *MEC group; or
		(b)	Division 12 requires that an amount be withheld from the payment of the consideration
15	an operator of an electronic distribution platform (within the meaning of the *GST Act, but disregarding paragraph 84-70(1)(c) of that Act)	the provision of consideration (within the meaning of the GST Act) by an entity to another entity (the *supplier* ) wholly or partly for a *supply made by the supplier through the electronic distribution platform, if:
		(a)	the supply is connected with the indirect tax zone (within the meaning of the GST Act), or would be connected with the indirect tax zone (within the meaning of the GST Act) if the definition of *indirect tax zone* in the GST Act included the external Territories; and
		(b)	no amount is required by Division 12 to be withheld from the payment of the consideration; and
		(c)	the operator and the supplier are not members of the same consolidated group or *MEC group; and
		(d)	the supply is not any of the following:
				(i)	a supply by way of transfer of ownership of goods (within the meaning of the GST Act);
				(ii)	a supply by way of transfer of ownership of real property (within the meaning of the GST Act);
				(iii)	a financial supply (within the meaning of the GST Act)

Note:

An administrative penalty applies to a failure to give the report by that time (see subsection 286-75(1) ). An administrative penalty applies for any false statements in the report (see section 284-75 ).

View history note

History

S 396-55 amended by No 69 of 2023, s 3 and Sch 2 item 160, by omitting " Chapter 7 of " before " the Corporations Act 2001 " from table item 5, effective 15 September 2023.

S 396-55 amended by No 84 of 2022, s 3 and Sch 2 item 1, by inserting table item 15, effective 1 January 2023. No 84 of 2022, s 3 and Sch 2 item 2 contains the following application provision:

2 Application of amendment
2
The amendment made by this Schedule applies in relation to transactions entered into on or after:
(a) for a transaction relating to a supply of taxi travel (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ) - 1 July 2023; or
(b) for a transaction relating to a supply of short-term accommodation - 1 July 2023; or
(c) in any other case - 1 July 2024.

S 396-55 amended by No 34 of 2019, s 3 and Sch 5 item 4, by inserting table item 9A, applicable in relation to records and disclosures of information made at or after 1 July 2019, whether the information was obtained before, at or after 1 July 2019.

S 396-55 amended by No 141 of 2018, s 3 and Sch 2 item 1, by substituting table item 12 and inserting table items 13 and 14, effective 1 January 2019. No 141 of 2018, s 3 and Sch 2 items 2 and 3 contain the following application provisions:

2 Application
(1)
Item 12 of the table in the amended provision applies in relation to a road freight service transaction unless:

(a) the transaction happens before 1 July 2019; or

(b) the transaction happens during an alternative reporting period for item 12 that begins before 1 July 2019.

(2)
An inserted item applies to a transaction unless:

(a) the transaction happens before 1 July 2019; or

(b) the transaction happens during an alternative reporting period for the item that begins before 1 July 2019.

(3)
In this item:
alternative reporting period
means a period specified under subparagraph (a)(ii) of the amended provision.

amended provision
means section 396-55 in Schedule 1 to the Taxation Administration Act 1953 , as amended by item 1 of this Schedule.

inserted item
means either item 13 or 14 of the table in the amended provision.

road freight service transaction
means a transaction described in item 12 of the table that is not a transaction in relation to a courier service.

3 General exemptions
(1)
As from 1 July 2019 or the commencement of this Schedule, whichever is the later, the Commissioner is taken to have:

(a) determined, under subsection 396-70(4) in Schedule 1 to the Taxation Administration Act 1953 , the matter in subitem (2); and

(b) revoked the determination of the matter in subitem 3(3) of Schedule 2 to the Treasury Laws Amendment (Black Economy Taskforce Measures No. 1) Act 2018 , as amended by the Commissioner if it has been amended.

(2)
Where the amended provision requires an entity to prepare and give a report for a transaction that is described in item 12 of the table in that provision and that happens during a particular period (the reporting period ), the entity is not so required if:

(a) the total value of the consideration that:

(i) is received by the entity during the reporting period; and

(ii) relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a courier service or a road freight service;
is less than 10% of the entity ' s relevant GST turnover as at the end of the reporting period; and

(b) the transaction is not described in another item of the table in the amended provision; and

(c) the entity has not, before the time by which the amended provision requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

(3)
For the purposes of paragraph (2)(c), giving a report for the transaction is sufficient evidence of the making of the choice.

(4)
Neither of the following is a legislative instrument:

(a) the determination mentioned in paragraph (1)(a);

(b) the revocation mentioned in paragraph (1)(b).

(5)
The Commissioner may, by legislative instrument under subsection 396-70(4) in Schedule 1 to the Taxation Administration Act 1953 , repeal or amend the determination mentioned in paragraph (1)(a) as if the Commissioner had made it by legislative instrument under subsection 396-70(4) .
Note:

See subsection 33(3) of the Acts Interpretation Act 1901 . The legislative instrument would provide that the determination is repealed or amended.

(6)
For a transaction that happens on or after 1 July 2019 but during an alternative reporting period that begins before 1 July 2019:

(a) the determination mentioned in paragraph (1)(a) does not apply; and

(b) the determination to which paragraph (1)(b) refers applies despite its revocation.

(7)
In this item:
alternative reporting period
means a period specified under subparagraph 396-55(a)(ii) in Schedule 1 to the Taxation Administration Act 1953 for item 12 of the table in section 396-55.

amended provision
means section 396-55 in Schedule 1 to the Taxation Administration Act 1953 , as amended by item 1 of this Schedule.

relevant GST turnover
, as at the end of a reporting period, means:

(a) if the entity has been making supplies for at least 12 months - the entity ' s current GST turnover as at the end of the reporting period; or

(b) otherwise - the entity ' s projected GST turnover, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 , as at the end of the reporting period.

Table item 12 formerly read:

12 an entity that makes a *supply of a courier service and has an *ABN the provision of consideration (within the meaning of the *GST Act) by the entity to another entity wholly or partly for the *supply by the other entity of a courier service, unless:

(a) the entities are *members of the same *consolidated group or *MEC group; or

(b) Division 12 requires that an amount be withheld from the payment of the consideration

S 396-55 amended by No 121 of 2018, s 3 and Sch 2 item 1, by inserting table items 11 and 12, effective 4 October 2018. No 121 of 2018, s 3 and Sch 2 items 2 and 3 contain the following application and transitional provisions:

Part 2 - Application and transitional provisions
2 Application
(1)
An inserted item applies in relation to a transaction unless:

(a) the transaction happens before 1 July 2018; or

(b) the transaction happens during an alternative reporting period that begins before 1 July 2018.

(2)
In this item:
alternative reporting period
, in relation to an inserted item, means a period specified for the inserted item under subparagraph (a)(ii) of the amended provision.

amended provision
means section 396-55 in Schedule 1 to the Taxation Administration Act 1953 , as amended by item 1 of this Schedule.

inserted item
means either item 11 or 12 of the table in the amended provision.

3 General exemptions
(1)
As from the commencement of this Schedule, the Commissioner is taken to have determined, under subsection 396-70(4) in Schedule 1 to the Taxation Administration Act 1953 , the matters in subitems (2) and (3).

Exemption in relation to cleaning services

(2)
Where the amended provision requires an entity to prepare and give a report for a transaction that is described in item 11 of the table in that provision and that happens during a particular period (the reporting period ), the entity is not so required if:

(a) the total value of the consideration that:

(i) is received by the entity during the reporting period; and

(ii) relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a cleaning service;
is less than 10% of the entity ' s relevant GST turnover as at the end of the reporting period; and

(b) the transaction is not described in another item of the table in the amended provision; and

(c) the entity has not, before the time by which the amended provision requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

Exemption in relation to courier services

(3)
Where the amended provision requires an entity to prepare and give a report for a transaction that is described in item 12 of the table in that provision and that happens during a particular period (the reporting period ), the entity is not so required if:

(a) the total value of the consideration that:

(i) is received by the entity during the reporting period; and

(ii) relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a courier service;
is less than 10% of the entity ' s relevant GST turnover as at the end of the reporting period; and

(b) the transaction is not described in another item of the table in the amended provision; and

(c) the entity has not, before the time by which the amended provision requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

Determination not a legislative instrument

(4)
The determination under subitem (1) is not a legislative instrument.

Repeal or amendment of determination

(5)
The Commissioner may, by legislative instrument under subsection 396-70(4) in Schedule 1 to the Taxation Administration Act 1953 , repeal or amend the determination as if the Commissioner had made it by legislative instrument under subsection 396-70(4) .
Note:

See subsection 33(3) of the Acts Interpretation Act 1901 . The legislative instrument would provide that the determination under subitem (1) is repealed or amended.

(6)
For paragraphs (2)(c) and (3)(c), giving a report for the transaction is sufficient evidence of the making of the choice.

Definitions

(7)
In this item:
amended provision
means section 396-55 in Schedule 1 to the Taxation Administration Act 1953 , as amended by item 1 of this Schedule.

relevant GST turnover
, as at the end of a reporting period, means:

(a) if the entity has been making supplies for at least 12 months - the entity ' s current GST turnover as at the end of the reporting period; or

(b) otherwise - the entity ' s projected GST turnover, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 , as at the end of the reporting period.

S 396-55 amended by No 54 of 2016, s 3 and Sch 1 item 17, by inserting table item 10, applicable in relation to equity interests issued on or after 1 July 2016.

S 396-55 inserted by No 162 of 2015, s 3 and Sch 4 item 1, effective 30 November 2015. For application provision, see note under Subdiv 396-B heading.

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