Cross-border GST reforms effective 1 Oct raise "No ABN" withholding tax risks?
09 Sep 16 |
WEEKLY TAX BULLETIN
Issue: Issue 35, 19 Aug 2016
Pages: pp 1135-1140
Recent GST amendments mean some non-resident suppliers will no longer require an Australian GST registration from 1 October 2016. The ATO is advising impacted non-residents to consider cancelling their existing GST registrations from that date. However, for reasons discussed in this article, there is a risk some non-resident suppliers will assume these GST reforms also mean they no longer need an ABN. That assumption will not always be correct, particularly for non-residents that will perform services in Australia. The latest GST amendments mean there will be even less symmetry between the GST registration requirements and the entitlement to an ABN.
The Tax and Superannuation Laws Amendment (2016 Measures No 1) Act 2016 contains amendments to the GST Act intended to reduce the circumstances in which some non-resident suppliers are required to be GST registered. In broad terms, the amendments are aimed at non-resident suppliers who predominantly engage in business-to-business (B2B) transactions with GST registered Australian business customers.
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Matthew is Head of GST & Customs (Australia) at DLA Piper. He has specialised in GST for more than 16 years and also advises on customs and other indirect tax matters. He regularly publishes papers and articles on indirect tax developments. Matthew is a member of the GST committee for the Property Council of Australia and the Financial Services Council.
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29 July 2016