{"id":"F2023L00329","name":"A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Acquisitions from or by a Beneficiary of a Bare Trust) Determination 2023","slug":"f2023l00329","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441779,"registerId":"F2023L00329-fast-fetch-1775956993253","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Acquisitions from or by a Beneficiary of a Bare Trust) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\nA New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Acquisitions from or by a Beneficiary of a Bare Trust) Determination 2023\n\nI, Ben Kelly, Deputy Commissioner of Taxation, make the following determination.\n\nDated  7 March 2023\n\nBen Kelly\n\nDeputy Commissioner of Taxation\n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Waiver of the requirement to hold a tax invoice\n\n7  Document information requirements\n\nSchedule 1—Repeals\n\nA New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Acquisitions from or Acquisitions by a Beneficiary of a Bare Trust) Legislative Instrument 2013\n\n \n\n1  Name\n\n  This instrument is the A New Tax System (Goods and Services Tax): Waiver of Tax Invoice Requirement (Acquisitions from or by a Beneficiary of a Bare Trust) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of the instrument On the day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 29-10(3) of the Act.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) ABN;\n\n(b) creditable acquisition;\n\n(c) GST return;\n\n(d) input tax credit.\n\n  In this determination:\n\nAct means the A New Tax System (Goods and Services Tax) Act 1999.\n\nbare trust includes a trust where the trustee only acts at the direction of the beneficiary in respect of dealings in the trust property and has no independent role in respect of the trust property, even if the trust may not otherwise strictly be a bare trust because the trustee only has minor duties to perform.\n\n \n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Waiver of the requirement to hold a tax invoice\n\n (1) For the purposes of attributing an input tax credit for a creditable acquisition to a tax period, a recipient is not required to hold a tax invoice under subsection 29‑10(3) of the Act if:\n\n (a) the recipient makes a creditable acquisition from a beneficiary through the trustee of the bare trust; and\n\n (b) at the time the recipient gives a GST return to the Commissioner for the tax period to which the input tax credit (or any part of the input tax credit) for the acquisition would otherwise be attributable, the recipient holds a document that meets the requirements in subsection 7(1).\n\n (2) For the purposes of attributing an input tax credit for a creditable acquisition to a tax period, a beneficiary of a bare trust is not required to hold a tax invoice under subsection 29-10(3) of the Act if:\n\n (a) the beneficiary makes a creditable acquisition from a third party through the trustee of the bare trust, where the total price of the thing or things acquired is at least $1,000 or such higher amount specified in regulations made for the purposes of subparagraph 29-70(1)(c)(ii) of the Act; and\n\n (b) at the time the beneficiary gives a GST return to the Commissioner for the tax period to which the input tax credit (or any part of the input tax credit) for the acquisition would otherwise be attributable, the beneficiary or the trustee of the bare trust holds a document that meets the requirements in subsection 7(2).\n\n7  Document information requirements\n\n (1) The requirements referred to in paragraph 6(1)(b) are that the document:\n\n (a) meets the requirements in paragraphs 29-70(1)(a) and 29-70(1)(c) of the Act, other than the requirement in subparagraph 29-70(1)(c)(i); and\n\n (b) contains enough information to enable the identity or ABN of the trustee of the bare trust, or of the bare trust, to be clearly ascertained from the document.\n\n (2) The requirements referred to in paragraph 6(2)(b) are that the document:\n\n (a) meets the requirements in paragraphs 29-70(1)(a) and 29-70(1)(c) of the Act, other than the requirement in subparagraph 29-70(1)(c)(ii); and\n\n (b) contains enough information to enable the identity or ABN of the trustee of the bare trust, or of the bare trust, to be clearly ascertained from the document.\n\n\n\n\nSchedule 1—Repeals\n\nA New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement (Acquisitions from or Acquisitions by a Beneficiary of a Bare Trust) Legislative Instrument 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2013 Legislative Instrument with the same scope. It maintains the same limited purpose—providing tax invoice waivers for bare trust GST acquisitions—and does not expand beyond this specific administrative relief measure."},"complexity_factors":["Cross-references to multiple sections of the GST Act 1999 (sections 29-10, 29-70)","Conditional logic requiring specific document content depending on which party is claiming the waiver (subsections 6(1) vs 6(2))","Nested definitions: 'bare trust' is defined with an inclusive definition that expands beyond strict legal meaning","Threshold amount ($1,000) that references external regulations that may change","Dual pathway structure (recipient acquiring from beneficiary vs beneficiary acquiring from third party) with slightly different documentary requirements","Repeal of previous instrument requires understanding of what is being replaced"],"plain_english_summary":"This determination lets certain businesses claim GST refunds (input tax credits) in transactions involving bare trusts without a formal tax invoice, provided alternative documentation shows the trustee’s or trust’s identity/ABN and the usual invoice details. It affects trustees, beneficiaries and their counterparties in property, investment and estate arrangements where the legal and economic supplier differ.\n\nIt replaces the 2013 determination, removing a paperwork barrier that previously frustrated GST claims in bare-trust dealings."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 legislative instrument (Schedule 1) and reissues a determination establishing the waiver. The operative scope of the waiver is set out in sections 6–7: it covers acquisitions involving beneficiaries of bare trusts and replaces the requirement to hold a tax invoice with specific alternative documentary requirements at the time of lodging a GST return."},"complexity_factors":["References to and dependence on multiple provisions of the GST Act (uses subsection 29-10(3) for authority and cross‑refers to paragraphs 29-70(1)(a) and 29-70(1)(c))","Defined technical term 'bare trust' and its functional test (section 4) which affects who qualifies","Two distinct waiver pathways with different conditions: one for recipients acquiring from a beneficiary (section 6(1)) and one for beneficiaries acquiring through the trustee with a price threshold (section 6(2))","Document‑content tests that exclude particular subparagraphs of 29-70(1)(c) and add a trustee/trust identity or ABN requirement (section 7(1)–(2)), creating nuanced compliance checks","The $1,000 monetary threshold (and potential higher regulation-set threshold) affects applicability and requires checking transactional value (section 6(2)(a))","Administrative origin and discretion: instrument made by the Deputy Commissioner under statutory power, and it repeals a prior instrument (Schedule 1), so practitioners must track instrument status (sections 3, Schedule 1)"],"plain_english_summary":"This determination lets certain recipients and beneficiaries of a bare trust claim GST input tax credits without holding a formal tax invoice. Instead, when they lodge a GST return they may rely on an alternative document that meets specified information tests, including being able to identify the trustee or the trust (name or ABN).\n\nIt applies where a recipient acquires from a beneficiary via the trustee, or where a beneficiary acquires through the trustee (a $1,000 price threshold applies). The Deputy Commissioner made the rule under subsection 29‑10(3); it replaces tax‑invoice proof with documentary proof at lodgment."}},"importantCases":[],"_links":{"self":"/api/acts/f2023l00329","history":"/api/acts/f2023l00329/history","analysis":"/api/acts/f2023l00329/analysis","conflicts":"/api/acts/f2023l00329/conflicts","importantCases":"/api/acts/f2023l00329/important-cases","documents":"/api/acts/f2023l00329/documents"}}