Under subsection 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999, I make the following determination:
Citation
Commencement
2. (a) This determination commences on 29th August 2000.
(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.
4. A tax invoice that belongs to a class of tax invoices for a taxable supply of contesting may be issued by an event or competition holder who is the recipient of that taxable supply where the event or competition holder:
(i) establishes the value of the supply; and
(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 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;
This is page 2 of the A New Tax System(Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 16) 2000.
(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;
(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 annual 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.
6. The following expression is defined for the purposes of this determination:
contesting means the entry into and the competing against other entrants in an event in order to win a prize;
event includes a race, a tournament, an exhibition, or other competition;
prize includes one or more of the following: money, trophies or other forms of reward;
event or competition holder means an entity or association who is responsible for the administration, organisation and giving of prizes in relation to an event.
7. Other expressions in this determination have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
Signed this 29th day of August 2000
Brian Fitzgerald
Assistant Commissioner
Goods and Services Tax Program
Delegate of the Commissioner