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26 May 11 GST and tax invoices - GSTR 2011/D1

On 25 May 2011 the ATO issued a major draft GST Ruling GSTR 2011/D1 entitled “Goods and services tax: tax invoices”, for public comment by 8 July 2011.

The draft Ruling sets out the minimum information requirements for a tax invoice under s 29-70(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). It also explains when a document is in the approved form for a tax invoice.

The draft Ruling also explains the circumstances under s 29-70(1A) when a recipient of a supply can treat a document as a tax invoice even though it does not meet all of the tax invoice requirements.

It further explains when a document is taken to be a tax invoice under s 48-57 for the purposes of a GST group even though the group member that is the recipient of the supply is not identified in the document.

Section 29-70(1B) allows the Commissioner to treat a particular document as a tax invoice even though it does not meet all of the tax invoice requirements. This draft Ruling describes the general principles to which the Commissioner will have regard in making a decision whether to treat a document yet to be issued as a tax invoice under this provision.

The draft Ruling explains how the threshold for low value transactions under s 29-80(1) will apply such that a tax invoice is not required.

The draft Ruling also includes a summary of the circumstances where the Commissioner has determined under s 29-10(3) that you can claim an input tax credit without a tax invoice.

Also on 25 May 2011, the ATO withdrew GSTR 2000/17, with effect from 25 May 2011: see GSTR 2000/17W.

The Ruling is withdrawn as the prior list of information requirements for a document to be a tax invoice in s 29-70(1) GST Act and regs 29-70.01 and 29-70.02 of the GST Regulations have been repealed and replaced. Schedule 3 of the Tax Laws Amendment (2010 GST Administration Measure No 2) Act 2010 replaces the prior prescriptive list of requirements with equivalent but more flexible principles. GSTR 2000/17 is replaced by GSTR 2011/D1 which issued on 25 May 2011 (see above).