Commonwealth legislation

Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore

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legislative instrument

Plain English Summary

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This instrument waives the GST Act's tax‑invoice requirement for input tax credits when a business acquires an intangible taxable supply from offshore but does not hold a tax invoice at the time it lodges the GST return for that period. It is made under subsection 29-10(3) and applies where the acquisition is creditable and treated as taxable under section 84-5 (see ss 4–5). The waiver reduces immediate paperwork for acquirers and is applied by the Commissioner’s determination.

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Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore

Legislative Instrument

Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore

I, Timothy Dyce, Deputy Commissioner of Taxation, make this determination under subsection 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).

Signed by Timothy Dyce

Deputy Commissioner of Taxation

Dated: 28 03 2017

Name of determination

This determination is the Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore.

2. Commencement

This determination commences on the day after its registration on the Federal Register of Legislation.

3. Repeal of previous determination

This determination repeals and replaces determination A New Tax System (Goods and Services Tax) Act 1999 Waiver of Tax Invoice Requirement Determination (No. 2) 2000 – F2006B11650, registered on 29 November 2006.

4. Application

This determination applies where:
a) you make a creditable acquisition of an intangible supply from offshore that is a taxable supply under section 84-5 of the GST Act
b) you do not hold a tax invoice for the creditable acquisition when you give the Commissioner a GST return for the tax period to which the creditable acquisition would otherwise be attributable, and
c) but for this determination, the creditable acquisition would not be attributable to that tax period because of paragraph 29-10(3)(a) of the GST Act.

This determination is substantially the same as the previous determination that it replaces. An entity that satisfied the requirements of the previous determination will satisfy the requirements of this determination

5. Circumstances where the requirement for a tax invoice does not apply

The requirement for a tax invoice under subsection 29-10(3) of the GST Act does not apply where the input tax credit is for a creditable acquisition of an intangible supply that is a taxable supply because of section 84-5 of the GST Act.

6. Definitions

Expressions in this determination have the same meaning as in the GST Act.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore

Legislative Instrument

Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore

I, Timothy Dyce, Deputy Commissioner of Taxation, make this determination under subsection 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).

Signed by Timothy Dyce

Deputy Commissioner of Taxation

Dated: 28 03 2017

Name of determination

This determination is the Goods and Services Tax: Waiver of Tax Invoice Requirement Determination 2017 for intangible supplies from offshore.

2. Commencement

This determination commences on the day after its registration on the Federal Register of Legislation.

3. Repeal of previous determination

4. Application

This determination applies where:
a) you make a creditable acquisition of an intangible supply from offshore that is a taxable supply under section 84-5 of the GST Act
b) you do not hold a tax invoice for the creditable acquisition when you give the Commissioner a GST return for the tax period to which the creditable acquisition would otherwise be attributable, and
c) but for this determination, the creditable acquisition would not be attributable to that tax period because of paragraph 29-10(3)(a) of the GST Act.

5. Circumstances where the requirement for a tax invoice does not apply

6. Definitions

Expressions in this determination have the same meaning as in the GST Act.