Federal Register of Legislation - Australian Government

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Determinations/Taxation as made
This Determination relates to the waiver of tax invoice requirements for corporate purchasing account holders of American Express International Inc.
Administered by: Treasury
Registered 16 Nov 2006
Gazetted 06 Dec 2001
Date of repeal 01 Apr 2017
Repealed by Sunsetting

COMMONWEALTH OF AUSTRALIA

 

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

 

DETERMINATION

 

Under subsection 29-10(3) of the A New Tax System (Goods and Services Tax) Act 1999, I make the following determination:

 

Citation

1.                  This determination is the A New Tax System (Goods and Services Tax) Waiver of Tax Invoice Requirement Determination (No. 7) 2001 – Corporate Purchasing Account Holder of AMERICAN EXPRESS INTERNATIONAL INC. 

 

Commencement

2.                  This determination commences on the date the A New Tax System (Goods and Services Tax) Act 1999 commenced.

 

Circumstance where the requirement for a tax invoice does not apply

3.                  The circumstance set out in the following paragraphs is the circumstance of a kind in which the requirement for a tax invoice under subsection 29-10(3) of the Act does not apply.

4.                  A Corporate Purchasing Account Holder of American Express International Inc. will not be required to hold a tax invoice for a creditable acquisition purchased with the Corporate Purchasing Account in order to attribute an input tax credit on the acquisition to a tax period provided that at the time the Corporate Purchasing Account Holder gives its GST return/Business Activity Statement (“BAS”) for the tax period to the Commissioner:

(a)    The Corporate Purchasing Account Holder holds a Corporate Purchasing Account Statement produced by American Express International Inc. that includes the following details:

(i)        The Corporate Purchasing Account Holder's name;

(ii)       The name(s) of the person(s) or department(s) who uses the Corporate Purchasing Account to purchase the creditable acquisition(s);

(iii)     The Corporate Purchasing Account Holder's Australian Business Number ('ABN') or address; and

(iv)     For each acquisition for which the Corporate Purchasing Account Holder may claim an input tax credit, the Corporate Purchasing Account Statement has:

·        the date the Corporate Purchasing Account Holder purchased the acquisition;

·        the supplier's name;

·        the supplier's ABN;

·        the supplier's Branch Registration Number (where applicable);

·        a brief description of the acquisition or, if that is not available, a description of the supplier's industry;

·        the amount of GST paid; and

·        the total amount paid;

(b)   The Corporate Purchasing Account Holder has an effectively regulated corporate policy for making adjustments for expenditure on the Corporate Purchasing Account that is of a private or domestic nature and was not made in connection with carrying on the Corporate Purchasing Account Holder's enterprise;

(c)    The Corporate Purchasing Account Holder has supplementary documentation supporting each acquisition on the Corporate Purchasing Account Statement that has a private or domestic component, and the documentary evidence clearly identifies the creditable and non-creditable components of the acquisition;

(d)   American Express International Inc. meets the conditions set out in paragraphs 5 and 6 below.

5.                  American Express International Inc. must provide the date that each supply on the statement was purchased.

6.                  Where all the information required on the statement is not provided by the merchant to American Express International Inc., the latter may, until 30 June 2004, separately obtain the supplier's ABN and GST registration status and then calculate the amount of GST on the supply, provided American Express International Inc.:

(a)    has obtained a signed statement from each merchant that states:

(i)        the merchant's ABN and Branch Registration Number (where applicable);

(ii)       whether or not the merchant is registered for GST;

(iii)     the type of supply or supplies (ie. taxable, GST-free and/or input taxed) the merchant provides;

(iv)     where the merchant makes only taxable supplies, whether or not the GST is calculated at 1/11 of the price for all taxable supplies the merchant makes; and

(v)      the merchant will provide American Express International Inc. with an undertaking that it will be notified -

·        when the merchant ceases to be registered for GST; or

·        when the merchant ceases to make only taxable supplies where the GST is calculated at 1/11 of the price;

(b)   retains the signed statement for at least 5 years after the merchant ceases their association with American Express International Inc.;

(c)    clearly identifies each supply in the statement that may be a GST-free, input taxed or mixed supply;

(d)   clearly identifies each supply where GST may not be 1/11 of the price;

(e)    where a supply has been identified as being a supply that may be GST-free or input taxed or a supply where GST may not be 1/11 of the price, advises the Corporate Purchasing Account Holder to obtain a tax invoice before attributing an input tax credit to a tax period; and

(f)     where American Express International Inc. has obtained information that the merchant is not registered, or ceases to be registered for GST, American Express International Inc. must not calculate an amount of GST for supplies from that merchant.  Instead, American Express International Inc. must state that the amount of GST included in the price of the supply is nil.

 

Situations where a tax invoice is still required

7.                  The Corporate Purchasing Account Holder will still need to obtain a tax invoice before attributing input tax credits to a tax period for a supply on the Corporate Purchasing Account Statement where:

(a)    the Corporate Purchasing Account Statement indicates that the supply may be a mixed supply or a taxable supply where GST is not 1/11 of the price; or

(b)   where there is an error on the Corporate Purchasing Account Statement in relation to the supply.

 

Definitions

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

the Act means the A New Tax System (Goods and Services Tax) Act 1999.

The person(s) who uses the Corporate Purchasing Account includes a partner, sole trader, contractor, director or employee of an entity.

Corporate Purchasing Account Statement is a statement of liability that is issued by American Express International Inc. to one of its clients.

Corporate Purchasing Account is an account that is held by and in the name of an entity and is used to purchase goods and services for commercial purposes.

Corporate Purchasing Account Holder is the registered entity that holds a Corporate Purchasing Account with American Express International Inc.

Mixed supply is a supply of one or more taxable supplies and any one of the following supplies:

·        a supply that is GST-free or input taxed;

·        a supply that was made before 1 July 2000.

Other expressions in this determination have the same meaning as in the Act.

 

Dated this 6th day of December 2001.

 

 

 

Signed by Anthony Long

Assistant Commissioner

Goods and Services Tax (Financial Supplies)

Delegate of the Commissioner