28 Feb 13 GST: failed payments - GSTD 2013/1
On 27 February 2013, the ATO issued GST Determination GSTD 2013/1 entitled "Goods and services tax: when a payment for a supply fails, is a failed payment fee charged by the supplier consideration for a supply?"
It was not previously released as a draft.
In this Determination, a 'failed payment' means a dishonoured cheque or a declined direct debit request. The Determination states that the payment of a failed payment fee is not consideration for a supply in the circumstances covered by the Determination (set out in para 2 of the Determination).
Goods and Services Tax Advice GSTA TPP 065 entitled "Goods and services tax: Is GST payable on a dishonoured cheque fee?" was withdrawn with effect from the same day. The Advice is considered to be not correct to the extent it suggests that an on-charged dishonoured cheque fee is consideration for an input taxed financial supply.