Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012

Administered by Department of the Treasury

Legislation au F2012L02204 Not in force Legislative Instrument

Legislation content

 

Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012

as amended

made under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999.

This compilation was prepared on 2 January 2015 taking into account amendments up to Goods and Services Tax: Classes of Recipient Created Tax Invoice Amendment Determination (No.1) 2014.

Prepared by Indirect Tax Business Line, Australian Taxation Office.


Name of Determination

1. This determination is the Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012.

 

Commencement

2. This determination commences on the day after registration.

 

Determination (Who is covered by this Determination)

3. This determination applies to a training provider who, as part of its role in organising and/or delivering General Practice Training Programs, acquires a taxable supply of training services from a GST registered accredited service provider.  

 

Classes of tax invoices that may be issued by the recipient of a taxable supply

4. A training provider, who is the recipient of a taxable supply of training services from a GST registered accredited service provider, may issue a tax invoice for the taxable supply of training services, in the following circumstances:

(a)   the training services are provided to medical practitioners, medical students, medical graduates, registrars, overseas trained doctors and/or prevocational doctors;

(b)   the training services are provided as part of a General Practice Training Program;

(c)   the recipient establishes the value of the training services acquired from the supplier; and

(d)   the recipient satisfies the requirements set out in Clause 5.

 

Requirements that must be satisfied by the recipient of a taxable supply of training services.

5. A recipient of a taxable supply of training services must satisfy the following requirements:

(a)    the recipient must be registered for GST when the invoice is issued;

(b)    the recipient must set out the Australian Business Number of the supplier in the tax invoice;

(c)    the recipient must issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining the value of, the taxable supply and must retain the original or the copy;

(d)    the recipient must issue the original or a copy of an adjustment note to the supplier within 28 days of becoming aware of the adjustment and must retain the original or the copy;

(e)    the recipient must reasonably comply with its obligations under the taxation laws; and

(f)     the recipient must have either a written agreement with the supplier that meets the requirements of Clause 6, or a written agreement embedded in the tax invoice that meets the requirements of Clause 7.

 

Requirements of a written agreement with the supplier

6. The written agreement the recipient has with the supplier must: specify the supplies to which it relates; be current and effective when the recipient created tax invoice (RCTI) is issued; and agree that:

(i) the recipient can issue tax invoices in respect of the supplies;

(ii) the supplier will not issue tax invoices in respect of the supplies;

(iii) the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered; and

(iv) the recipient acknowledges that it is registered for GST when it enters into the agreement and that it will notify the supplier if it ceases to be registered.

 

Requirements of a written agreement embedded in the tax invoice

7. The agreement the recipient has with the supplier embedded in a tax invoice issued by the recipient must contain the following statement:

The recipient and the supplier declare that this agreement applies to supplies to which this tax invoice relates. The recipient can issue tax invoices in respect of these supplies. The supplier will not issue tax invoices in respect of these supplies. The supplier acknowledges that it is registered for GST and that it will notify the recipient if it ceases to be registered. The recipient acknowledges that it is registered for GST and that it will notify the supplier if it ceases to be registered for GST. Acceptance of this RCTI constitutes acceptance of the terms of this written agreement.

 

Both parties to this supply agree that they are parties to a RCTI agreement. The supplier must notify the recipient within 21 days of receiving this document if the supplier does not wish to accept the proposed agreement.

 

Definitions

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

General Practice Training Program means a general practice training program that is funded by the Commonwealth Government and administered by the Department of Health and/or an affiliated agency or entity. 

training provider means an entity that is accredited by the relevant authority to organise and/or deliver General Practice Training Programs.  

accredited service provider means a medical practice or other recognised training post accredited by the relevant authority to provide training services as part of a General Practice Training Program.

training services includes: training, supervision, work experience, educational sessions, classes, seminars and other similar services provided as part of a  General Practice Training Program.

medical graduate means a medical graduate of a program of study approved by the Medical Board of Australia.

medical practitioner means a person registered by the Medical Board of Australia.

medical student means a student who is enrolled in a primary medical degree and is eligible for ‘student’ registration by the Medical Board of Australia

overseas trained doctor means a medical practitioner who has graduated from an overseas medical school recognised by the Medical Board of Australia

registrar means a registered medical practitioner who is enrolled in a general practice vocation training program.

prevocational doctor means a medical graduate, currently working in the hospital system, who is not yet enrolled in any specialist training program.


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

 

 

Notes to the Goods and Services Tax: Classes of Recipient Created Tax Invoice (No.1) 2012


End note 1- Table of Instruments
The Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012 as shown in this compilation is amended as indicated in the Tables below.

 

 

Title 

Date of FRLI registration

Date of commencement

Application, Saving and Transitional provisions

Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012

21 November 2012

 

(See F2012L02204)

22 November 2012

Clause 3

Clause 4(b)

Clause 6(iv)

Clause 8

Goods and Services Tax: Classes of Recipient Created Tax Invoice Amendment Determination (No.1) 2014

9 December 2014

 

(See F2014L01661)

1 January 2015

Clause 3

Clause 4(b)

Clause 6(iv)

Clause 8

 


End note 2 - Table of Amendments

 
This endnote sets out the amendment history of the Goods and Services Tax: Classes of Recipient Created Tax Invoice Amendment Determination (No.1) 2012.

 

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substitute

 

Provision affected

How affected

Clause 3

am.F2012L02204

Clause 4(b)

am.F2012L02204

Clause 6(iv)

am.F2012L02204

Clause 8

rs. and am.F2012L02204

 

 

 

Overview

The Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012 was enacted to address the issue of tax invoice creation by the recipient of a taxable supply, specifically within the context of training services provided under General Practice Training Programs. This legislative instrument was made under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 and was prepared by the Indirect Tax Business Line of the Australian Taxation Office. The primary policy objective is to provide clarity and guidelines for when and how a recipient, such as a training provider, can issue a tax invoice for training services supplied by a GST-registered accredited service provider, ensuring compliance with GST regulations and maintaining accurate tax records. The determination applies to training providers who acquire training services as part of their role in organising and delivering General Practice Training Programs, allowing them to issue tax invoices under certain conditions, provided they meet specified requirements including registration for GST and the issuance of written agreements with the supplier.

Scope and Application

The Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012 applies to training providers who, as part of their role in organising and/or delivering General Practice Training Programs, acquire a taxable supply of training services from a GST registered accredited service provider. This determination allows such training providers to issue a tax invoice for the taxable supply of training services under specific conditions, namely when the services are provided to medical practitioners, medical students, medical graduates, registrars, overseas trained doctors, and/or prevocational doctors, and when the training services are part of a General Practice Training Program. The recipient must also establish the value of the acquired training services and meet certain requirements, such as being registered for GST, including the supplier's Australian Business Number in the tax invoice, issuing the invoice or a copy to the supplier within 28 days of making or determining the value of the supply, and reasonably complying with their obligations under the taxation laws. Furthermore, the recipient must either have a written agreement with the supplier that meets certain criteria or include a written agreement embedded in the tax invoice that satisfies specified terms. The determination specifies the geographic reach as being nationally applicable, governed by the Commonwealth of Australia under the A New Tax System (Goods and Services Tax) Act 1999. The Act may extend or restrict its application through subordinate instruments, as noted in the amendment history and tables provided in the legislative instrument.

Key Provisions

The Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination (No.1) 2012 (the Determination) applies to training providers who acquire taxable supplies of training services from GST-registered accredited service providers as part of their role in organising and delivering General Practice Training Programs. This Determination specifies the circumstances under which a training provider can issue a tax invoice for these services, as well as the obligations and requirements that must be met by the training provider. Section 4 of the Determination permits a training provider to issue a tax invoice if the training services are provided to medical practitioners, medical students, medical graduates, registrars, overseas trained doctors, and/or prevocational doctors, and if these services are part of a General Practice Training Program. The training provider must also establish the value of the training services acquired from the supplier and meet the requirements outlined in Section 5. These requirements include being registered for GST at the time of issuing the invoice, including the supplier's Australian Business Number, issuing the original or a copy of the tax invoice to the supplier within 28 days, and reasonably complying with tax obligations. Additionally, the training provider must have a written agreement with the supplier that allows the provider to issue tax invoices and prohibits the supplier from doing so, or the agreement must be embedded in the tax invoice itself. The obligations and requirements imposed by the Determination are primarily on the training provider. The provider must ensure they are registered for GST, include specific details in the tax invoice, issue the invoice within a stipulated timeframe, and maintain records of the issued invoice and any adjustments. The training provider must also have a written agreement with the supplier that either meets the criteria set out in Section 6 or is embedded in the tax invoice as per Section 7. These agreements must specify the supplies they relate to, be current and effective when the tax invoice is issued, and include certain acknowledgments and declarations regarding GST registration and notification. Breaches of the obligations and requirements under this Determination can lead to civil or criminal consequences. Although the Determination does not explicitly state the penalties for non-compliance, under the A New Tax System (Goods and Services Tax) Act 1999, penalties can include fines and imprisonment for serious or repeated breaches. The exact penalties depend on the nature and extent of the breach and are determined under the broader tax legislation.

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