A New Tax System (Goods and Services Tax) Act Foreign Exchange Conversion Determination (No. 1) 2001

Administered by Department of the Treasury

Legislation au F2006B00096 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

 

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

 

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) FOREIGN EXCHANGE CONVERSION DETERMINATION (NO.1) 2001

 

Under subsection 9-85(2) 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 is the A New Tax System (Goods and Services Tax) Act Foreign Exchange Conversion Determination (No. 1) 2001.

 

Commencement

 

2. This determination commences on and from 1 July 2000.  However, to the extent that this determination is inconsistent with Draft Goods and Services Tax Ruling GSTR 2000/D15, the Draft Ruling applies up until the date of issue of this determination.

 

Application of determination

 

3.                   This determination applies to an entity that works out the value in Australian currency where the consideration for a taxable supply is expressed in a currency other than Australian currency.

 

Manner in which the value or an amount of consideration for the supply is worked out

 

4.                   In working out the value of a taxable supply, you convert the consideration on a conversion day worked out in accordance with the following formula:

 

Amount expressed

 

1

in a

X

your particular exchange rate

foreign currency

 

on the conversion day

 

 

where,

  • your particular exchange rate is the rate from the foreign exchange organisation, the RBA rate, or the rate from your agreement, whichever is applicable; and
  • the conversion day is the date that the foreign currency is converted into Australian currency for GST purposes.

 

5.                   You must use your particular exchange rate consistently.

 

 

 

Definitions

 

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

 

RBA rate means the foreign exchange rate calculated by the Reserve Bank of Australia (RBA) when the entity works out the consideration on a conversion day: 

 

(a) that is an RBA business day, then the RBA rate is the unit of foreign currency per $A calculated by the RBA as the 4:00pm Australian Eastern time rate on that RBA business day or previous RBA business day, and

 

(b) that is not an RBA business day, then the RBA rate is the unit of foreign currency per $A calculated by the RBA as the 4:00pm Australian Eastern time rate of the previous RBA business day.

 

conversion day is the date you use to convert foreign currency into Australian currency for GST purposes:

 

(a)                when you account for GST on a basis other than cash your conversion day is:

 

(i)                 the day on which any of the consideration is received for the supply (the receipt date); or

(ii)               the transaction date/the invoice date (whichever you have chosen);

whichever comes first; or

(b)                when you account for GST on a cash basis, your conversion day is:

 

(i)                  the transaction date;

(ii)               the invoice date; or

(iii)            the day on which any of the consideration is received for the supply.

 

agreed rate means a foreign exchange rate agreed to between a supplier and a recipient of a taxable supply.  The agreed rate only applies for supplies made under the agreement and for the period of the agreement.

 

exchange rate means the unit of foreign currency per Australian dollar.

 

RBA business day means a day that the head office of the Reserve Bank is open for business.

 


Reserve Bank means the body corporate continued in existence under the Reserve Bank Act 1959.

 

 (2) Other expressions in this determination have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.

 

 

Signed this 2nd day of February 2001.

 

 

 

Signed by Peter Chochula

Senior Tax Counsel

Goods and Services Tax Program

Delegate of the Commissioner

 

   

 

 

 

Overview

The A New Tax System (Goods and Services Tax) Foreign Exchange Conversion Determination (No. 1) 2001 is a legislative instrument designed to address the issue of converting foreign currency into Australian currency for the purposes of calculating the Goods and Services Tax (GST). Enacted by the Commonwealth of Australia, this determination provides a consistent method for entities to convert foreign currency into Australian currency when determining the value of a taxable supply. This consistency is crucial for ensuring accurate GST calculations and compliance with tax laws. The determination applies to entities that need to convert foreign currency into Australian currency and stipulates that the conversion should be based on a particular exchange rate, which could be from a foreign exchange organisation, the Reserve Bank of Australia (RBA) rate, or an agreed rate between the supplier and the recipient. The policy objective behind this determination is to provide clarity and uniformity in the conversion process, thereby facilitating accurate GST assessments and compliance.

Scope and Application

The A New Tax System (Goods and Services Tax) Foreign Exchange Conversion Determination (No. 1) 2001 applies to entities that are required to determine the value of consideration for a taxable supply when the consideration is expressed in a currency other than Australian currency. This legislation is relevant to businesses and entities that engage in transactions involving foreign currency and need to convert these amounts into Australian currency for the purposes of calculating Goods and Services Tax (GST). The determination sets out the specific method for converting foreign currency into Australian currency, ensuring consistency and accuracy in GST calculations. It specifies that the conversion must be done using a particular exchange rate, which can be sourced from a foreign exchange organisation, the Reserve Bank of Australia (RBA) rate, or an agreed rate between the supplier and recipient, depending on the context. The determination further defines terms such as "RBA rate," "conversion day," and "exchange rate" to provide clarity and guidance on the conversion process. This legislation operates within the scope of the A New Tax System (Goods and Services Tax) Act 1999 and applies nationally across Australia, as it is a Commonwealth instrument.

Key Provisions

The main operative sections of the A New Tax System (Goods and Services Tax) Foreign Exchange Conversion Determination (No. 1) 2001 provide guidance on how entities should convert foreign currency into Australian currency for the purpose of determining the value of a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999 (section 4). The determination stipulates that the conversion must be made using a specific formula, taking into account the particular exchange rate of the entity, the Reserve Bank of Australia (RBA) rate, or the rate from an agreement between the supplier and the recipient, whichever is applicable (section 4). Entities must use their particular exchange rate consistently when converting foreign currency into Australian currency (section 5). The Act imposes certain obligations on entities involved in taxable supplies denominated in foreign currencies. Primarily, these entities are required to convert the consideration for the supply into Australian currency using one of the specified rates: their particular exchange rate, the RBA rate, or the rate from an agreement between the supplier and the recipient (section 4). Entities must choose the appropriate conversion day based on whether they account for GST on a basis other than cash or on a cash basis (section 6(1)(b)). They must also ensure that the conversion is done consistently using the chosen exchange rate (section 5). Failure to comply with the requirements of the A New Tax System (Goods and Services Tax) Foreign Exchange Conversion Determination (No. 1) 2001 may result in civil or criminal consequences, although specific penalties are not detailed within the determination itself. Penalties for non-compliance with GST regulations are generally outlined in the A New Tax System (Goods and Services Tax) Act 1999, which may include fines and imprisonment. The maximum penalties for GST-related offences can vary, with civil penalties including significant fines and criminal penalties potentially resulting in imprisonment for serious breaches.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.