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Last Wednesday 13 June 2012, Matthew Nicholls FTI (Ernst & Young) attended a meeting of the NTLG GST Sub-Committee. At this meeting, participants discussed a number of issues including: 

  • GST Registration of Non-Residents – The Tax Institute requested information regarding whether the unit responsible for GST registration of non-residents was going to be disbanded and what this meant for service levels in relation to registering non-residents. The ATO confirmed the unit was being transitioned from the Newcastle to the Brisbane office and therefore the specialist unit would be continuing and that service levels should not be affected.
  • ATO Acceptance of Specialist Adviser Authorisation (eg GST Adviser) – The ATO agreed to consider if an improvement was required to their administration process to ensure a specialist adviser, such as a GST advisor, did not have to confirm they had been appropriately appointed by their client each time they wanted to contact the ATO in relation to a particular issue (eg GST) for their client where they were not the appointed tax agent.
  • Tax Invoices – The ATO provided a comprehensive response to the concerns raised in relation to tax invoices following the withdrawal of GSTR 2000/17 on 25 May 2011 with the introduction of draft GSTR 2011/D1, the main concern being that the draft ruling has yet to be finalised therefore leaving taxpayers in a position of uncertainty in respect of tax invoices. The ATO advised that it plans to consult with the community again in relation to the issues affecting tax invoices and that the treatment under GSTR 2000/17 continues to apply to tax invoices until such time as the new ruling is finalised. 
  • Self-Assessment Regime – The ATO advised the following:

     - A fact sheet covering self-assessment will be issued on 2 July 2012;
     - The required notices have been set up in their systems;
     - They are working on the objection process under the new regime;
     - When a BAS is lodged, it will be the notice of assessment (on the day lodged);
     - Where an amendment is made, an amended notice of assessment will be issued by the ATO, but not when the amendment is made through the portal;
     - Correcting GST mistakes has been updated for self-assessment; and
     - No more “stop the clock” letters for tax periods commencing 1 July 2012.

Concerns were also raised about the application of section 105-65 of Schedule 1 of the Taxation Administration Act 1953 in a self-assessment regime.

  • GST Implications of the Clean Energy Measures – Information provided in relation to GST and the Clean Energy Measures involved the GST-free treatment of carbon permits and the input-taxed treatment of any carbon permit derivatives or financial derivatives. 
  • Implementation of the Trustee Services Regime – Discussion centred around the need for guidance following the implementation of the Trustee Services Regime into the GST Regulations beginning on 1 July 2012. The NTLG GST Sub-Committee would follow up the issue with Sub-Committee members following the meeting.
    Members who seek further information in relation to the above are encouraged to contact us at Tax Policy
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