Federal Register of Legislation - Australian Government

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Determinations/Taxation as made
This instrument provides an exemption from the reporting obligation in relation to particular services for a reporting period where the consideration received by the entity for that type of service in the reporting period is less than 10% of its GST turnover for the reporting period.
Administered by: Treasury
Registered 24 Jun 2019
Tabling HistoryDate
Tabled HR02-Jul-2019
Tabled Senate02-Jul-2019

Legislative Instrument

 

Taxable Payments Reporting System – Reporting Exemptions for Certain Entities Determination 2019

 

I, Deborah Anne Jenkins, Deputy Commissioner of Taxation, propose to make the following determination under subsection 396-70(4) of Schedule 1 to the Taxation Administration Act 1953.

 

 

Deborah Anne Jenkins

Deputy Commissioner, Small Business

3 June 2019

 

 

1.            Name of instrument

This instrument is the Taxable Payments Reporting System - Reporting Exemptions for Certain Entities Determination 2019.

 

2.            Commencement

This instrument commences on 1 July 2019.

 

3.            Definitions

All references to legislation are to Schedule 1 to the Taxation Administration Act 1953 (TAA) unless otherwise specified.

ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

consideration has the meaning given by the GST Act.

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

relevant GST turnover, as at the end of a reporting period means:

(a)          if the entity has been making supplies for at least 12 months – the entity’s current GST turnover (within the meaning of the GST Act) as at the end of the reporting period; or

(b)          otherwise – the entity’s projected GST turnover (within the meaning of the GST Act) as at the end of the reporting period.

reporting period means a period described in paragraph 396-55(a) of Schedule 1 to the TAA that commences on or after 1 July 2019.

supply has the meaning given by the GST Act.

 

4.            Repeal of determinations taken to have been made by the Commissioner of Taxation

1)            Under subitem 3(5) of Part 2 of Schedule 2 to the Treasury Laws Amendment (Black Economy Taskforce Measures No. 1) Act 2018, the determination made under subitem 3(1) in Part 2 of Schedule 2 to that Act is repealed.

2)            Under subitem 3(5) of Schedule 2 to the Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Act 2018, the determination made under paragraph 3(1)(a) in Schedule 2 to that Act is repealed.

 

5.            Determination

Exemption for entities with an ABN that supply a cleaning service

1)            Where section 396-55 requires an entity to prepare and give a report for a transaction that is described in item 11 of the table in that section and that happens during a reporting period, the entity is not so required if:

(a)          the total value of the consideration that:

(i)            is received by the entity during the reporting period; and

(ii)           relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a cleaning service;

is less than 10% of the entity’s relevant GST turnover as at the end of the reporting period; and

(b)          the transaction is not described in another item of the table in section 396-55; and

(c)          the entity has not, before the time by which section 396‑55 requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

2)            For paragraph 1(c), an entity giving a report for the transaction is sufficient evidence of the making of the choice.

 

Exemption for entities with an ABN that supply a courier or road freight service

3)            Where section 396-55 requires an entity to prepare and give a report for a transaction that is described in item 12 of the table in that section and that happens during a reporting period, the entity is not so required if:

(a)          the total value of the consideration that:

(i)            is received by the entity during the reporting period; and

(ii)           relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a courier service or a road freight service;

is less than 10% of the entity’s relevant GST turnover as at the end of the reporting period; and

(b)          the transaction is not described in another item of the table in section 396-55; and

(c)          the entity has not, before the time by which section 396‑55 requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

4)            For paragraph 3(c), giving a report for the transaction is sufficient evidence of the making of the choice.

 

Exemption for entities with an ABN that supply a security, investigation or surveillance service

5)            Where section 396-55 requires an entity to prepare and give a report for a transaction that is described in item 13 of the table in that section and that happens during a reporting period, the entity is not so required if:

(a)          the total value of the consideration that:

(i)            is received by the entity during that reporting period; and

(ii)           relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a security, investigation or surveillance service;

is less than 10% of the entity’s relevant GST turnover as at the end of the reporting period; and

(b)          the transaction is not described in another item of the table in section 396-55; and

(c)          the entity has not, before the time by which section 396‑55 requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction.

6)            For paragraph 5(c), giving a report for the transaction is sufficient evidence of the making of the choice.

 

Exemption for entities with an ABN that supply an information technology service

7)            Where section 396-55 requires an entity to prepare and give a report for a transaction that is described in item 14 of the table in that section and that happens during a reporting period, the entity is not so required if:

(a)          the total value of the consideration that:

(i)            is received by the entity during that reporting period; and

(ii)           relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of an information technology service;

is less than 10% of the entity’s relevant GST turnover as at the end of that reporting period; and

(b)          the transaction is not described in another item of the table in section 396-55; and

(c)          the entity has not, before the time by which section 396‑55 requires the report to be given, or within such further time allowed by the Commissioner, chosen to be required to prepare and give a report for the transaction

8)            For paragraph 7(c), giving a report for the transaction is sufficient evidence of the making of the choice.