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21 Dec 12 NTLG GST Sub-Group

On Wednesday 5 December 2012, Matthew Nicholls CTA (EY) and Tax Counsel Stephanie Caredes CTA attended a meeting of the NTLG GST Sub-Committee. At this meeting, participants discussed a number of issues including:

  • Acquisitions made for a creditable purpose - whether certain acquisitions made by an entity in carrying out its obligations or made directly to preserve, maintain or protect the "entity" have been made for a creditable purpose and whether this is supported by GSTR 2008/1;
  • Representatives of incapacitated entities and GST registration - whether a representative of an incapacitated entity may voluntarily register for GST where the incapacitated entity is not or is not required to register for GST;
  • Private Binding Rulings Register - whether the Private Binding Rulings Register could be annotated each time a published private ruling has been objected to and the published ruling is subsequently altered or amended as a result of the objection;
  • Acquisition of capital items and ATO ID 2012/78 - what is the correct interpretation for the GST treatment of capital items acquired pursuant to section 38-250(2)(b) as different interpretations have been noted in the Charities Consultative Committee Resolved Issues Document and ATO ID 2012/78;
  • Accounting for the GST on contra transactions - how to account for the GST in respect of contra (barter) transactions and under which label on the Business Activity Statement should the information be included, in particular in relation to the mining industry;
  • ATO audit activity focus and issues/mistakes identified - what kinds of mistakes are made in relation to GST and other indirect taxes discovered during ATO audit activity undertaken; and
  • MT 2009/1 addendum - proposed updates to MT 2009/1 in relation to "stop the clock" notices issued pursuant to section 105-55 of the Taxation Administration Act 1953 (Cth).

Members also further discussed the issues surrounding the circumstances when meals provided together with accommodation in certain circumstances (such as with accommodation provided in the context of hospital treatment and university residential accommodation) should form part of the supply (ie be regarded as incidental) or when the meals should be regarded as a separate supply.
Members who seek further information in relation to the above are encouraged to contact us at TaxPolicy.

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