Federal Register of Legislation - Australian Government

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Determinations/Taxation as amended, taking into account amendments up to Recipient Created Tax Invoice - GST Terminologies Amending Legislative Instrument 2007
Administered by: Treasury
Registered 19 Jul 2007
Start Date 21 Jun 2007
End Date 30 Jun 2009
Date of repeal 01 Apr 2017
Repealed by Goods and Services Tax: Classes of Recipient Created Tax Invoice Determination 2017 for Horseracing Clubs

A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000

 

as amended

made under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901.

This compilation was prepared on 29 June 2007
taking into account amendments up to Recipient Created Tax Invoice - GST Terminologies Amending Legislative Instrument 2007

 

Prepared by the Goods and Services Tax Centre of Expertise,
Australian Taxation Office


Citation (see Note 1)

1.                  This determination may be cited as the A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000. 

 

Commencement (see Note 1)

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

(b) This determination does not revoke or vary any previous determination made by the Commissioner.

 

Application of determination

3.                  This determination applies to an entity not determined previously as being able to issue a tax invoice belonging to a class of tax invoices that may be issued by a recipient 

 

Classes of Tax Invoices that may be issued by the recipient of a taxable supply

4.                  A horse racing club who is the recipient of a taxable supply, may issue a tax invoice that belongs to a class of tax invoices for a taxable supply of jockey riding services where the recipient:

(i)                 establishes the value of the supply rather than the supplier;

(ii)       satisfies the requirements set out in Clause 5;

 

Requirements that must be satisfied by a recipient of a taxable supply

5.         A recipient must satisfy the following requirements:

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

(b)       the recipient must set out in the tax invoice the ABN of the supplier;

(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 a 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 the adjustment and must retain the original or the copy;

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

 

(f)                 the recipient must issue the tax invoice pursuant to a written agreement that the recipient has with the supplier which specifies the supplies to which it relates and contains the following terms:

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

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

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

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

(v)                the recipient indemnifies the supplier for any liability for GST and penalty that may arise from an understatement of the GST payable on any supply for which it issues a recipient created tax invoice;

(g)               the recipient must not issue a document that would otherwise be a recipient created tax invoice, on or after the date when the recipient or the supplier has failed to comply with any of the requirements of this determination.

(h)               if the recipient has a current  GST turnover of less than $1,000,000, it must notify the Commissioner in writing of the recipient's intention to use recipient created tax invoices.  This notification must be made before 14 days have elapsed after the first occasion that a recipient created tax invoice is issued by that recipient.

 

Definition

6.         The following expression is defined for the purposes of this       determination:

horse racing club means a club recognised by the relevant State or Territory authority as a Horse Racing Club.

7.                  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 A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000

Note 1

The A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000 (in force under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

A New Tax System (Goods and Services Tax) 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000

see F2006B11599

1 July 2000

Recipient Created Tax Invoice - GST Terminologies Amending Legislative Instrument 2007

22 May 2007
(see F2007L01466)

21 June 2007

Table of Amendments

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

Provision affected

How affected

Clause 5

am. (F2007L01466)