Notice of Rulings 4 December 2024
The Commissioner of Taxation, Rob Heferen, gives notice by notifiable instrument under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953 of the following public rulings, copies of which can be obtained from ato.gov.au/law
NOTICE OF RULINGS |
Ruling number | Subject | Brief description |
GSTD 2024/2 | Goods and services tax: is the supply of a burial right in respect of a public cemetery subject to GST? | This Determination explains how the special rules in Division 81 of the A New Tax System (Goods and Services Tax) Act 1999 and the associated regulations in Division 81 of the A New Tax System (Goods and Services Tax) Regulations 2019 operate to exempt the supply of a burial right made by an Australian government agency from goods and services tax. This Determination applies on and after 4 December 2024. |
MT 2024/1 | Miscellaneous tax: time limits for claiming an input tax or fuel tax credit | This Ruling sets out our view on time limits applying to the entitlement to an input tax or fuel tax credit set out in: (a) subsection 93-5(1) of the A New Tax System (Goods and Services Tax) Act 1999, and (b) subsection 47-5(1) of the Fuel Tax Act 2006. This Ruling applies both before and after its date of issue. |
NOTICE OF ADDENDA |
Ruling number | Subject | Brief description |
CR 2013/25 | Goods and services tax: the GST treatment of fees and charges imposed by NSW councils in relation to cemeteries, facilities, leases, legal services, libraries and sales | This Addendum amends CR 2013/25 to change the taxable status of ‘Interment right fee’ from taxable to exempt under subsections 81-10(1) and (4) of the A New Tax System (Goods and Services Tax) Act 1999, reflecting the view in the Goods and Services Tax Determination GSTD 2024/2 Goods and services tax: is the supply of a burial right in respect of a public cemetery subject to GST? This Addendum applies from 4 December 2024. |
PR 2023/19 | Fringe benefits tax consequences for employers under an Origin electric vehicle subscription agreement | This Addendum amends PR 2023/19 to incorporate new scheme documents. This Addendum applies both before and after its date of issue. |
Overview
The Notice of Rulings, issued on 4 December 2024 by the Commissioner of Taxation, Rob Heferen, pursuant to subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953, provides clarification on several significant tax rulings and determinations. The purpose of these rulings is to offer taxpayers certainty regarding the application of tax laws, specifically addressing the Goods and Services Tax (GST) implications of certain activities and the time limits for claiming input tax and fuel tax credits. This notifiable instrument is intended to ensure taxpayers are aware of and can comply with the relevant legislative requirements. The rulings and determinations cover a range of topics including the GST treatment of burial rights, the time limits for claiming input tax or fuel tax credits, and the fringe benefits tax consequences for employers under specific electric vehicle subscription agreements.
Scope and Application
The Notifiable Instrument F2024N01102, issued by the Commissioner of Taxation under subsection 358-5(4) of Schedule 1 to the Taxation Administration Act 1953, provides public rulings that offer clarity and guidance on specific taxation matters. These rulings pertain to the application of the A New Tax System (Goods and Services Tax) Act 1999 and the Fuel Tax Act 2006, among others, and address the GST treatment of particular supplies and services, as well as time limits for claiming tax credits. The rulings apply to businesses and individuals who supply goods and services, and those claiming input tax or fuel tax credits, within Australia. The instrument's jurisdictional reach is national, impacting all entities subject to the specified Acts. However, the rulings do not apply to transactions or entities not covered by these Acts. Any amendments or clarifications to these rulings are made through subordinate instruments, ensuring that taxpayers have up-to-date guidance on their obligations and entitlements.
Key Provisions
The Commissioner of Taxation has issued a notifiable instrument that includes several public rulings and an addendum, which can be found on the ATO website. GSTD 2024/2 provides clarity on the application of the Goods and Services Tax (GST) to the supply of a burial right in respect of a public cemetery by an Australian government agency, indicating that such supplies are exempt from GST under the special rules outlined in Division 81 of the A New Tax System (Goods and Services Tax) Act 1999 and the associated regulations in Division 81 of the A New Tax System (Goods and Services Tax) Regulations 2019. This ruling comes into effect on and after 4 December 2024.
MT 2024/1 explains the time limits for claiming an input tax or fuel tax credit, referencing specific subsections of the A New Tax System (Goods and Services Tax) Act 1999 and the Fuel Tax Act 2006. This ruling applies both before and after its date of issue, providing ongoing guidance for taxpayers. CR 2024/25 has been amended to reflect changes in the taxable status of certain fees and charges imposed by New South Wales councils, including altering the treatment of ‘Interment right fee’ from taxable to exempt, aligning with the view expressed in GSTD 2024/2. This addendum applies from 4 December 2024.
The obligations under this notifiable instrument require affected entities to adhere to the outlined tax treatment and time limits for claiming credits as specified in the rulings. For instance, entities supplying burial rights must ensure compliance with the GST exemption rules from the effective date. Similarly, entities involved in transactions subject to input tax or fuel tax credits must be aware of the specified time limits for making claims. Failure to comply with these obligations may result in financial penalties and could lead to further scrutiny or audits by the ATO.
The notifiable instrument also outlines the potential consequences for non-compliance. While specific penalties are not detailed in the text, breaches of tax laws and failure to adhere to the rulings could lead to civil or criminal penalties. Such penalties may include fines, interest on unpaid taxes, and potential legal action. It is imperative for taxpayers to understand and comply with the provisions to avoid these repercussions.