A New Tax System (Goods and Services Tax) Act 1999 Waiver of Tax Invoice Requirement Determination (No. 1) 2000 (Cth)

COMMONWEALTH OF AUSTRALIA

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999

DETERMINATION

Under section 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901 I make the following determination:

Citation

1. This determination may be cited as the A New Tax System (Goods and Services Tax) Act 1999 Waiver of Tax Invoice Requirement Determination (No. 1) 2000.

Circumstance where the requirement for a tax invoice does not apply

2.         The following circumstance is a circumstance of a kind in which the requirement for a tax invoice under subsection 29-10(3) does not apply:

(a)a transitional document, and any other document issued by the relevant supplier that relates to the transitional document, is held by a relevant recipient;

(b)        the transitional document contains the following information, or, where the relevant recipient holds a transitional document and another document, the documents together contain the following information:

(i)         the name or business name of the relevant supplier;

(ii)        the  address or ACN of the relevant supplier;

(iii)       the date on which the document was issued by the relevant supplier;     

(iv)if the GST payable on the taxable supply is equal to 1/11^th of the price - either:

(A)       the price of the taxable supply, and a statement indicating that the price includes GST; or

(B)the amount of GST payable;

(v)if the GST payable on the taxable supply is less than 1/11^th of the price - the amount of the GST payable.

Definitions

1. The following expressions are defined for the purposes of this determination:

ACN (short for "Australian Company Number") is the number given by the Australian Securities and Investments Commission to a company on registration under the Corporations Law;

business name means a name registered under the relevant State and Territory legislation that provides for the registration of business names;

relevant recipient, in relation to a creditable acquisition, means:

(a)where the acquisition is made by an entity - that entity; or

(b)        where the acquisition is made by an entity through an agent of the entity - the agent;

relevant supplier, in relation to a taxable supply, means:

(a)where the supply is made by an entity (other than a supply of an insurance policy made by an insurer through an insurance broker acting on behalf of the recipient of the supply) - that entity;

(b)where the supply is of an insurance policy made by an insurer through an insurance broker acting on behalf of the recipient of the supply - the insurance broker;

(c)where the supply is made by an entity through an agent of the entity - the agent;

transitional document means a document issued by a relevant supplier before 1 July 2000 in relation to a creditable acquisition made by a relevant recipient on or after 1 July 2000.

Dated this 29^th day of   March  2000.

Signed by Peter Chochula

Senior Tax Counsel

Goods and Services Tax Program

Delegate of the Commissioner