COMMISSIONER OF TAXATION
The Commissioner of Taxation, Chris Jordan, gives notice of the following Rulings, copies of which can be obtained from Branches of the Australian Taxation Office or at http://law.ato.gov.au.
NOTICE OF ADDENDA |
Ruling Number | Subject | Brief Description |
GSTR 2000/13 | Goods and services tax: accounting on a cash basis | The Addendum amends Goods and Services Tax Ruling GSTR 2000/13 to: - reflect the amendments to the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) which were made by Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012. In particular it reflects the amendment that inserted section 9‑17 into the GST Act. Section 9‑17 contains exclusions from the meaning of ‘consideration’ formerly contained in subsection 9‑15(3). Section 9‑17 is now also referred to in the definition of ‘consideration’ as defined by section 195‑1. The amendments apply to payments made on or after 1 July 2012.
- update references to legislation and relevant rulings that have issued since the Ruling was issued.
The Addendum applies on and from 1 July 2012. |
GSTR 2013/2 | Goods and services tax: adjustment notes | The Addendum amends Goods and Services Tax Ruling GSTR 2013/2 to make minor amendments and update the references section. The Addendum applies on and from 21 August 2013. |
CR 2001/1 | Class Ruling system | The Addendum amends Class Ruling CR 2001/1 as a consequence of changes to the copyright policy of the Australian Government. The Addendum applies before and after date of issue. |
Overview
The Commissioner of Taxation, Chris Jordan, has issued an Addendum to three rulings under the A New Tax System (Goods and Services Tax) Act 1999, as amended by the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012. The Addendum to Goods and Services Tax Ruling GSTR 2000/13 reflects amendments to the GST Act, specifically the insertion of section 9-17 which modifies the definition of ‘consideration’ by excluding certain elements formerly included in subsection 9-15(3). This change is also reflected in the definition of ‘consideration’ as defined by section 195-1 of the GST Act. These amendments apply to payments made on or after 1 July 2012. The Addendum also updates references to legislation and relevant rulings issued since GSTR 2000/13 was first issued. Additionally, an Addendum to Goods and Services Tax Ruling GSTR 2013/2 makes minor amendments and updates the references section, effective from 21 August 2013. Lastly, an Addendum to Class Ruling CR 2001/1 has been issued due to changes in the Australian Government’s copyright policy, applicable both before and after the date of issue.
Scope and Application
The Goods and Services Tax Ruling GSTR 2000/13 Addendum applies to entities and individuals who are engaged in the accounting of goods and services tax (GST) on a cash basis, and who make payments for goods or services on or after 1 July 2012. It is relevant to those who are affected by the amendments to the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) made by the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012, specifically the insertion of section 9-17 into the GST Act which modifies the exclusions from the meaning of ‘consideration’. The ruling is applicable nationally and is intended to reflect the legislative changes and update references to legislation and relevant rulings. Similarly, the Goods and Services Tax Ruling GSTR 2013/2 Addendum applies from 21 August 2013 and involves minor amendments and updates to the references section, also affecting those involved in the accounting of GST. The Class Ruling CR 2001/1 Addendum applies irrespective of the date of issue, resulting from changes to the copyright policy of the Australian Government, and affects entities subject to class rulings.
Key Provisions
The main operative sections of this notice pertain to three rulings that have been updated to reflect recent legislative changes and policy updates. Firstly, GSTR 2000/13 (paragraph 1) addresses the accounting on a cash basis for goods and services tax (GST). This ruling has been amended to incorporate changes made by the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012, particularly the insertion of section 9-17 in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), which modifies the definition of 'consideration'. The changes apply to payments made on or after 1 July 2012. Secondly, GSTR 2013/2 (paragraph 2) pertains to GST adjustment notes, and the addendum updates references to legislation and other rulings issued since the original ruling was made. The updated ruling applies from 21 August 2013. Lastly, CR 2001/1 (paragraph 3) relates to the Class Ruling system and has been amended due to changes in the copyright policy of the Australian Government. The addendum applies both before and after the date of issue.
The obligations and requirements imposed by these rulings on the parties governed by them include compliance with the updated definitions and legislative references for GST accounting and adjustment notes. Taxpayers and businesses must ensure that their GST accounting methods and adjustment notes are consistent with the updated rulings, particularly in how they define 'consideration' and reference relevant legislation and rulings. For CR 2001/1, entities that rely on Class Rulings must also ensure their compliance with the updated copyright policy of the Australian Government.
The notice does not explicitly outline specific offences, penalties, or consequences for breaches of these rulings. However, non-compliance with GST requirements generally can result in civil penalties, including fines and interest on unpaid tax. The maximum penalties for serious or repeated breaches can be significant, as stipulated under the GST Act. Taxpayers are advised to seek clarification and ensure compliance to avoid any potential penalties or legal consequences.