Notice of Rulings, Notice of Addenda, Notice of Withdrawal

GSTR 2001/4

Goods and services tax:  GST consequences of court orders and out‑of‑court settlements

The Addendum amends Goods and Services Tax Ruling GSTR 2001/4 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 2002/3

Goods and services tax:  prizes

The Addendum amends Goods and Services Tax Ruling GSTR 2002/3 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 the date of effect section of the Ruling.

The Addendum applies on and from 1 July 2012.

GSTR 2003/5

Goods and services tax:  Vouchers

This Addendum amends Goods and Services Tax Ruling GSTR 2003/5 to insert the issue date for the addenda which issued on 18 August 2010.

The Addendum applies on and from 28 August 2013

GSTR 2003/12

Goods and services tax:  when consideration is provided and received for various payment instruments and other methods of payment

The Addendum amends Goods and Services Tax Ruling GSTR 2003/12 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 2004/6

Goods and services tax:  tax law partnerships and co-owners of property

This Addendum amends Goods and Services Tax Ruling GSTR 2004/6 to insert the issue date to the addenda which issued on 31 October 2012.

The Addendum applies on and from the 28 August 2013

GSTR 2005/3

Goods and services tax:  arrangements of the kind described in Taxpayer Alert TA 2004/9 – exploitation of the second‑hand goods provisions to obtain input tax credits

The Addendum amends Goods and Services Tax Ruling GSTR 2005/3 to withdraw paragraphs 43 to 45F of the Ruling. Those paragraphs explain when second‑hand goods are acquired for the purposes of sale (or exchange) in the ordinary course of business under Division 66 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). The Commissioner’s view on when second‑hand goods are acquired for the purposes of sale under Division 66 of the GST Act has been relocated to a separate Goods and Services Tax Determination, GSTD 2013/2, Goods and services tax:  when are second‑hand goods acquired for the purpose of sale (but not manufacture) in the ordinary course of business under Division 66 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act)?.

The Addendum applies on and from the 28 August 2013.

GSTR 2009/3

Goods and services tax:  cancellation fees

The Addendum amends Goods and Services Tax Ruling GSTR 2009/3 to take account of the High Court decision in Commissioner of Taxation v. Qantas Airways Ltd [2012] HCA 41, which considered the GST treatment of fares received for flights booked but not undertaken by prospective passengers. In that case, the High Court held that the fares were consideration for a taxable supply.

The Addendum also amends GSTR 2009/3 to:

• make minor amendments to reflect legislative amendments made by Schedule 1 to the Tax Laws Amendment (2010 GST Administration Measures No. 3) Act 2010 in respect of the GST treatment of cross‑border transport. These amendments apply to supplies and taxable importations made on or after 1 July 2010;
• update the date of effect clause; and
• update the references sections of GSTR 2009/3.

The Addendum amends GSTR 2009/3 to explain the Commissioner’s view of the law as it applies both before and after the date of issue.

MT 2012/2

Miscellaneous taxes:  application of the income tax and GST laws to deferred transfer farm‑out arrangements

The Addendum amends Miscellaneous Taxation Ruling MT 2012/2 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.

The Addendum applies on and from 1 July 2012.

PR 2010/10

Income tax:  Elders Diversified Forestry Project 2010 – Regular Contribution Investors

Withdrawn with effect from 28 August 2013.