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Goods and Services Tax (GST) in Austrlalia commenced from 1 July 2000.
Broadly speaking, GST is imposed on all transactions involving the supply of goods and services. Registered "businesses" claim a credit for GST charged to them on all goods and services purchased, or otherwise acquired, in the course of their "business" activities.
Practical issues to be addressed include the impact of GST on cost structures, cash flows, lodgement, documentation and compliance requirements, pricing and purchasing issues, the need for new capital equipment, cross-border issues, system requirements etc.
Main features
The main features of the GST are as follows:
| Registration is compulsory where clients are engaged in a taxable activity (ie the supply of goods and services for |
payment, whether in cash or kind) with sales exceeding $50,000 pa;
| Returns are required on a quarterly basis for most clients. (Payment is required 21 days after the due date for lodgment) ; |
| Displayed prices should include any GST payable; |
| Accounting for most clients will be on a casn basis. Clients with total sales less than $1,000,000 pa will have this option; |
| Second-hand goods will be taxed in the same way as new goods; |
| Building and construction will be taxed. This includes the construction and sale of new homes, and repairs and renovations to existing homes; |
| Residential land will be treated like second-hand goods; |
| Non-residential land - the construction, sale and leasing of all non-residential land and buildings, whether new or used, will be subject to the GST (ask us about the margin scheme); |
| GST-free - a range of goods and services are GST-free eg health services covered by Medicare; hospital, dental, optical and physiotherapy services; preschool, primary, secondary, tertiary tuition; accommodation at boarding schools; child care at a recognised facility; |
| Financial services are input taxed (exempt); |
| Residential rents are input taxed (exempt); |
| Private sales to other private individuals would generally be out of the GST tax base; |
| Short-term accommodation in hotels and similar establishments is taxable; |
| Non-commercial Government activities are outside the scope of the GST. For example, local government rates, water and sewerage rates and charges, motor vehicle registration fees; |
| Personal use items - input tax credits are not allowed for GST paid on goods and services for the personal use. Personal use tests will be similar to the current tests for non-deductibility under the income tax law; |
The GST is a new tax and it is important to remember a number of basic points:
| the GST generally applies to ALL goods AND services supplied in Australia EXCEPT those which are specifically input taxed (ie exempt); |
| GST, unlike sales tax, applies to SERVICES eg accountants fees, plumbers and electricians charges, etc AS WELL AS GOODS; |
| GST bears no relationship to income tax or sales tax. Distinctions between income (revenue) and capital items are irrelevant for GST purposes; |
| a person cannot get a GST credit if he or she is not registered. |
The essence of how GST works
GST is charged every time a client supplies goods or services. The supply of any goods or services must be as part of a taxable activity to have any GST consequences. This means that goods and services that are given away will not have GST imposed.
The tax is 10% of the price of the goods or service to the customer, and is either added to the price or built into a price including the tax. The seller of the goods or services collects the tax and is entitled to credits for GST the seller has paid when purchasing goods or services (or when purchasing whatever inputs went into the goods and services sold). This system of crediting GST already paid means the GST is rolled forward at each transaction to the point of sale to the end consumer.
Second-hand dealers
Second Hand good purchased from businesses which are registered for GST will cost more.
There are 2 options for dealers to calculate the GST payable:
| using the usual tax rules ie the dealer would charge GST on the full sale price, and business purchasers would be entitled to an input tax credit for the amount of the GST paid; or |
| using the margin system ie the dealer would charge GST only on the gross margin (sale price less the purchase price), and business purchasers would not be entitled to an input tax credit. |
Exports
Exports of goods and services will be GST-free. Refunds will still be able to be claimed for GST paid on inputs.
Public benevolent institutions (PBIs)
Non-commercial and charitable activities of PBIs are GST-free, however full refunds will be available for any GST paid on inputs.
Commercial activities undertaken by PBIs will be subject to GST
Manufacturing
The introduction of GST should have a number of benefits for manufacturing industries. These will include:
| Manufactured exports: GST-free. | |
| Compliance costs: Simplification and reduction in compliance costs. |
| Input tax credits: Input tax credits will be available for all inputs, the difficulties with the current sales tax business inputs provisions will be removed. |
| Transport costs: Transport costs will also be reduced, for example because of the removal of sales tax on trucks, the reduction in fuel excise and the availability of input tax credits for fuel. |
Retail
Retailers will need to develop information systems to deal with the new accounting requirements. They will also need to consider the effect of GST on their pricing. The impact on prices will vary considerably across the various retail sectors, depending on the margins involved.
Business implementation issues
Although the operation of a GST seems fundamentally simple at first, there are many issues for businesses to consider when developing their strategy to implement a GST.
Processes
Accurate records are a prerequisite to the smooth operation of a GST. This will create added complexity for clients that in the past have not been required to comply with transaction taxes. These clients will have to set up systems to account for the tax. After the first twelve months clients can pay a flat instalment amount and leave the actual calculation to us during year end account preparation.
As GST will be imposed on all transactions within a business, there are substantial effects on business processes and systems to comply with the detailed requirements of GST reporting. For instance, ensuring that correct GST invoices are issued through the billing system and that GST is brought to account on a timely basis. It is also essential that good systems exist to ensure clients claim the maximum credit available for GST on inputs.
Some clients may need to install software to help with the record keeping. As you know we are very experienced with accounting programs and are happy to assist you if you think you need accounting software.
(Article written Nov 98 & Dec 03 based on information publised by Australian Tax Practice)
The Australian Business Number (ABN)
Businesses
can obtain a identifying number to enable them to be
identified in all dealings with the Australian Government. It is used extensively for Goods and Services Tax (GST) purposes.
Any
businesses with turnover greater than $50,000 must register for an ABN. Below
this threshold, businesses may register if they wish to.
The
purpose of the ABN
In
order to claim an input tax credit (which offsets your GST liability) you are
required to issue a tax invoice. That tax invoice must include the ABN of your
business.
If
the ABN is not stated, then the business receiving the invoice would be
expected to withhold tax from their payment of goods or services.
The
Australian Business Register
This
register may be inspected by a member of the public on payment of a fee.
Who
is entitled to an ABN?
All
companies registered under the Corporations Law, other entities who are
''carrying on an enterprise in Australia'' and other bodies which are required
to be registered for GST purposes, such as charitable and religious
institutions, will be entitled to an ABN.
Applying
and registering for an ABN
We
can prepare applications for you electronically..
Once registered, you are required to inform the Registrar of changes.
There
are penalties for misuse of an ABN.
How
wide is its coverage expected to be?
The
government estimates the number of initial ABN registrations to be 2.1 million.
Generally
The
ABN system is also available to State, Territory and local government regulatory
bodies.
(Article written Aug 99 & Dec 03 based on information publised by CCH Australia Ltd)
Administration by participants
Step
1 - There must be a supply of something
Step 2 - There must be consideration
Step
3 - There must be an enterprise
Step 4 - There must be some connection with Australia
Step 5 - Supplier must be registered or should be registered
Step 6 - Thing supplied is not GST-free or input taxed
Requirements to claim input tax credits
Annual turnover dictates obligations
How is annual turnover calculated?
Which pre 1 July 2000 supplies will fall into the GST net?
GST
will affect and be a permanent feature of the way every business in Australia
operates.
Familiarity with the
concepts underpinning GST is essential for any business that wants to be fully
prepared.
What
is GST and what it does it mean for your business? How can you gain maximum advantage for your business and
minimize your GST risks in the lead-up to 1 July 2000.
Goods and services tax (GST) is a
consumption tax that will apply to the supply of most goods and services in
Australia. The standard rate of GST
is 10% of the price charged for taxable goods and services.
GST will be fully operational from
I July 2000 onwards, but there are 3 earlier important GST issues for business:
The ATO will want every business required to register to be registered prior to by I July 2000, so what are your best options for GST registration.
Some contracts and agreements entered into before 1 July 2000 will involve a GST liability. How do you know?
What actions should a business take in the lead-up to 1 July 2000 to be well placed?
GST
affects business in 2 main ways:
Simply, GST on taxable supplies and input tax credits offset each other when calculating the amount you owe in your quarterly or monthly (your “tax period”) GST returns.
Most of the things you sell are subject to GST, but not all your costs attract GST credits for offset. The major exclusion would be salaries and wages, which have no GST applied.
In theory, the GST you charge on your taxable supplies is passed on until it reaches customers who cannot claim back GST. This means that private consumers end up bearing most of the cost of GST.
GST is self-administered. It will be necessary to determine the amount of GST payable on your taxable supplies, recognise when not to charge GST and work out how much GST you have incurred to be offset against the GST payable.
Although most businesses will not suffer a permanent GST cost, they will be required to charge it, collect it, account for it and claim it back. Meeting these obligations will constitute an ongoing cost of doing business.
If your customers include other businesses then although you have to account for GST by a certain time they will want to claim the same amount as a GST credit at the earliest possible time.
Your aim may be to either delay the timing of the need to account for GST or delay the timing of the lodgement of the relevant GST return until the last possible moment. However, the aim of your customer will be the exact opposite. They will want to make their claim for the credit on that GST as soon as possible.
Therefore, delay by you can have an equal and opposite effect on your customer. This is a particular aspect of GST that needs to be understood by all businesses because if it is not properly managed, business relationships can suffer.
Your business needs to be registered to be part of the GST system. Some clients will need multiple registrations for example for your company, possibly your super fund, associated partnerships and trusts.
Some grouping provisions exist which means companies, partnerships and trusts with 90% common ownership can elect for one registration. The advantage of grouping is that supplies between group members are not subject to GST.
Any business not registered for GST when it should be faces several consequences including imposition of penalties and interest, prosecution and potential permanent loss of input tax credits.
Generally if annual turnover is less than $50,000, registration is optional otherwise registration is mandatory. Registration is also mandatory for:
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non-profit bodies with an annual turnover of $100,000 from commercial activities, | |
|
all taxi operators, regardless of their annual turnover; |
Some
businesses with an annual turnover of less than $50,000 may not want to
registered for GST. Some businesses
in this category will not want to register for GST on the basis that their
customers or clients are mainly private individuals unable to claim back any GST
added to the cost of the goods and services they buy from those businesses.
If the costs of your inputs however are significant it may still be wise to register. If you are considering not registering, consider what impact the loss of input tax credits would have on your profit margins.
Consequences
of not being registered for GST include:
|
You are not liable to GST on any activities you undertake for payment. | |
|
You are not allowed to charge GST. | |
|
You do not need to comply with any GST laws. | |
|
You will not be able to claim any credits for any GST you pay to others. | |
|
You
will not be allowed to claim back sales tax on trading stock you hold at the
end of 30 June 2000. |
To be registered for GST you must be carrying on at least 1 enterprise. The meaning of "enterprise" is explained at step 3 below.
The act of seeking GST registration presents both risks and opportunities. A rushed application can cost your business money. A planned application will maximise available GST cash advantages. We will be available to discuss your options when the registration forms become available (probably from November 1999).
The risk that unregistered businesses face is not recognising when the annual turnover threshold is about to be reached. The annual turnover test applies to future turnover as well as to turnover actually generated. (See below)
Registration for GST also requires an application for an Australian Business Number (ABN). Business not registering for GST will probably still need to obtain an ABN. (See below)
GST
is charged at a rate of 10%, which applies to the price charged for a taxable
supply and a rate of 0%, which
applies to the price charged for a GST-free supply.
Care needs to be taken that a 0% "rate" is applied to GST-free goods and that a 10% credit is not claimed for GST-free inputs. The format of tax invoices should help here.
GST-free business supplies will include medical and other health goods and services, education supplies and some food items.
Some supplies are exempt from GST, mainly confined to financial-type supplies, such as loans, investments, Superannuation, hire purchase, life insurance and residential rent.
Any business making only exempt supplies is not allowed to claim any input tax credits on its costs. This is why exempt supplies are known as input taxed supplies.
If your business makes a combination of input taxed and taxable or GST free supplies input tax credits will need to be apportioned.
GST of 10% is only ever applied to a transaction that is a taxable supply. Most normal daily or regular business transactions will involve a taxable supply.
There are a number of transactions that, although only rarely entered into by particular business, will be taxable supplies for example an insurance claim, the grant of a franchise or sale of commercial premises.
There are 6 steps to every supply being a taxable supply:
Step
1 - There must be a supply of something
A supply can be a supply of anything except money: e.g. goods, equipment, food, retail, wholesale, services, real estate, rights, trademarks, goodwill, obligations, release from obligations - anything and everything. GST does not just apply to goods and services.
There are a few simple rules applying to any supply:
|
A supply can be made in any way. It can be made instantly or over a period of time. | |
|
There must be a supplier and a recipient e.g. a customer. | |
|
A
supply can be illegal and still be a supply for GST purposes. |
Step
2 - There must be consideration
If you give something away then this is not a taxable supply and there is no GST. There must be some consideration - some form of payment, cash or in kind.
If
someone other than your customer pays, your supply will still meet the
consideration test.
The test is only satisfied if any particular supply is made in the course or furtherance of an enterprise that you carry on.
This covers all the normal day-to-day income-earning activities done by a business. It also covers a supply made by a business in a capital transaction - so long as it is done in the course or furtherance of the business.
Some
organizations not ordinarily considered businesses are GST enterprises e.g.
charities, churches, landlords, government authorities.
Some things are specifically excluded from being an enterprise e.g. private recreational pursuits, hobbies, anything done by people, either alone or together with others, where there is no reasonable expectation of profit or gain.
Step
4 - There must be some connection with Australia
Your business may need to actively
distinguish certain supplies as not being taxable supplies because of a lack of
a connection with Australia.
A supply of goods by your business can only be a taxable supply if:
|
you deliver the goods to a customer in Australia; or | |
|
the goods are made available to a customer in Australia; or | |
|
the
goods are removed from Australia. |
A supply of services by your business can only be a taxable supply if the services are performed in Australia. If services are performed overseas, they are outside Australia's GST system.
Services performed in Australia can
still be GST-free supplies and not taxable supplies if the services are
performed for a non-resident customer, the non-resident is overseas when the
services are performed and the
services do not relate to goods or real property (including rights in relation
to real property) in Australia.
Once registered for GST, this step
in the process of making any particular supply a taxable supply is automatically
satisfied.
This step is important because when
a business or non-profit body supplies something that is not GST-free or input
taxed, it will be a taxable supply if other 5 steps have been met.
The supplier has the liability for GST, not the customer.
Unpaid GST will be recovered by the ATO from the supplier not the customer.
The only time that your business, as a recipient or customer, will be liable to GST is when it imports goods into Australia. This liability will be 10% of the customs value of the goods. Of course, once GST is paid, your business would ordinarily be entitled to an input tax credit for the same amount.
While you may increase your price to recoup the GST from your
customer you are not legally obliged to do so.
Your customer, if in business will
be entitled to claim an input tax credit for any GST "component" of
the price charged, regardless of whether you, as the supplier, have actually
accounted the GST.
You
are entitled to reverse your liability by adjustment for bad debts but this is
not allowed for twelve months unless you have proof that the debt is
unrecoverable.
GST
is equal to one-eleventh of the price charged for the taxable supply.
To fully recoup the tax in your
price, first calculate the commercial price for the taxable supply and then add
10% GST.
If
you forget to add on GST to your price, the GST liability will still be
one-eleventh of the price charged.
When a price is stated as
"GST-exclusive" it means that 10% of the amount stated will be added
to the cost to represent the GST component.
However, when a price is stated to
be "GST-inclusive", it means that GST of 10% has already been added to
the cost and, therefore, represents one-eleventh of the total amount.
"Input
tax credit" is the term used to describe the entitlement to claim back the
GST part of costs incurred by your business or enterprise.
Any business or enterprise making taxable supplies or GST-free supplies
is entitled to input tax credits.
Input
tax credits are offset against GST liability.
Amounts
that cannot be claimed as income tax deductions that cannot give rise to input
tax credits either. E.g. parking
fines, private portion of expenses, entertainment.
For your business to be able to claim input tax credits the following must apply:
the transaction must be a taxable supply;
your business must enter into the transaction for consideration;
your business must be either registered for GST or required to be registered at the time of the transaction; and
the
transaction must be entered into in carrying on, to some extent, your
enterprise and not for a private or domestic purpose.
GST has no balance date. Instead, the year is broken up into shorter periods called tax periods either monthly or quarterly.
There are 4 quarterly tax periods in every calendar year:
|
1 January to 31 March; | |
|
1 April to 30 June; | |
|
1 July to 30 September; and | |
|
1 October to 31 December. |
If your turnover is less than 20 mil you may choose between
monthly and quarterly tax periods. The choice should be made after examining the
effect on your cash flows.
If for example you expect to normally receive refunds due to
tax free sales etc then a monthly period would see you receive refunds quicker.
Your can withdraw the monthly election at any time but this
will not take effect until at least 12 months have passed.
The time of becoming liable to GST and of becoming entitled to claim input tax credits will depend on which method cash or accruals applies to you.
This method can be used by businesses with annual turnover of no more than $1,000,000 and non-profit organisations.
Under the cash method GST liability will only arise when you receive payment for a taxable supply during the tax period and input tax credit will only arise when you make payments (including credit card or cheque payment) for supplies during the tax period.
If your annual turnover is, or will be, more than $1,000,000 application to the ATO can be made to use the cash method. The ATO will consider your application by having regard to:
|
what type of business you carry on and how big it is; | |
|
what accounting system you use; and | |
|
whether you use the cash method for income tax. |
Adopting a cash method also
means:
You will not be liable to GST on a payment you receive after 30 June, 2000 which relates to a taxable supply you made prior to 30 June, 2000. Therefore it appears there is an advantage in completing jobs for billing prior to 30 June, 2000. However be aware of any income tax effects.
You
will not be able to claim an input tax credit in relation to supplies made
to you before 1 July, 2000. Therefore it appears there is an advantage in
delaying ordering supplies until after 30 June, 2000. However be aware of
any income tax effects.
You can change to the accrual
method from the first day of the next tax period by lodging a form and making
adjustments in your first accrual return.
Any business can use this method.
Under the accruals method GST liability for each tax period will arise when you issue an invoice or receive any payment, if this occurs first. Input tax credit will arise when you receive, prior your lodging your GST tax return, a suppliers invoice or when you make any payment if this occurs first.
Care is needed as any payment
received before an invoice is issued is sufficient to trigger a GST liability
for total amount of GST on the taxable supply, not just the part of the GST that
relates to the prepayment (deposits, progress payments etc)
Note that in the absence of a prior payment, the input tax credit is attributed to the tax period in which an invoice was issued, not when it was received.
You will not be entitled to a GST credit on any expense unless you possess the tax invoice relating to that expense.
Tax invoices must comply with strict requirements as to the information on the transactions to which they relate. The exact content has yet to be regulated.
As a supplier, your business will not be legally obliged to give any customer a tax invoice unless:
the customer requests a tax invoice from you; and
the price of the particular transaction was more than $50
before GST was added.
Many
businesses will find it easier, however, to simply redesign the form of their
existing standard invoicing so as to both comply with the information disclosure
requirements and remove the need for the customer to request a tax invoice.
There will be many reasons for adjustments, for example:
|
Returned goods for refund. | |
|
Bad debts. | |
|
Early payment discounts taken advantage of. | |
|
Miscalculation
of liability or credit |
In relation to GST adjustments:
|
Formalised adjustment notes must be issued except in relation to bad debts. | |
|
Once an adjustment is known to exist (termed adjustment
event), action will normally be required to be taken in the first relevant
GST return. |
Annual turnover dictates obligations
For a business, if your annual turnover is:
|
$50,000 or more, you must register for GST; | |
|
$1,000,000 or more, you must use the accruals method of accounting for GST; | |
|
$20,000,000
or more, you must have a monthly tax period and electronically lodge GST
returns and electronically pay GST. |
There are 3 broad categories of revenue that combine to form the amount of annual turnover of your business:
|
all taxable supplies, excluding those of a capital nature, you make, using the price charged before adding any GST; plus | |
|
all GST-free supplies you make; plus | |
|
all supplies you make with no connection with Australia. |
How
is annual turnover calculated?
Annual turnover is calculated daily.
Each day, 1 of the 3 turnover thresholds can be reached in 2 different ways. The turnover threshold can be met combining turnover already generated in the current month with turnover likely during the rest of the month and adding:
turnover generated during the previous 11month period; or
turnover likely to be generated during the next 11 months.
Failing to take account of
increases can bring with it penalties. If you calculate a turnover which takes
you over one of the three thresholds then you have 21 days to adopt the change
required.
GST returns are the means by which your business will be reconciling GST liability against GST credits.
We will assist you to either lodge
pre-printed return forms from the ATO, or can
lodge your returns electronically.
A GST return will be required in
respect of each and every tax period. The
due date for all GST returns will be the twenty-first day following the end of
the previous tax period.
If
your net amount is greater than zero, it must be paid to the ATO by the
twenty-first day of the month following the end of your tax period. The Federal
Government wants all other tax payment dates to be aligned with the GST payment
date.
If
your net amount is negative, this represents a refund to you.
The ATO is obliged to pay you interest on any refund not paid within 14
days of lodging your GST return however if your business is expecting a refund
of GST, it won't be paid if, for example, you have a greater amount of income
tax currently outstanding. Instead,
the refund will be offset against the income tax liability.
This
means that your business will have a running balance account with the ATO that
encompasses all the taxes you pay that are administered by the ATO.
It is also proposed to include PAYE.
Refunds will only be paid into a bank account that is nominated by you.
Tax invoices relating to claims for
input tax credits do not need to be attached to the GST return but should be
retained.
Every
business registered for GST must have an Australian Business Number (ABN).
The Federal Government intends that the ABN will be the single business
identifier for all dealings with the government.
GST is the first compliance system to run off the ABN.
For example, every tax invoice for GST purposes will be required to
display the supplier's ABN.
If you are holding an invoice from one of your suppliers that does not show the supplier's ABN, it is not a valid tax invoice for claiming your input tax credit for the GST part of that invoice (if any).
Any
small business not electing to register for GST should still consider applying
for an ABN. This is because a company receiving an invoice payment that does not
show an ABN will be required to withhold income tax from the payment at the
highest individual rate, which from 1 July 2000 is proposed to be 48.5%.
The ATO will be administering the ABN system. An official register of all ABNs will be created, and this will be accessible to anyone. The register will show your businesses:
|
name; | |
|
ABN; | |
|
date of effect of ABN registration; and | |
|
address for service of ABN notices |
The register will also show other details about your business, but only details prescribed by regulation.
The
main reason for making the ABN register accessible to anyone is that it will
allow all other bureaucracies and organisations to obtain information about your
business.
Although GST does not start until 1 July, 2000, many contracts and agreements being made now, involving supplies after that date, will involve a GST liability. It is important to take steps to ensure you can pass on any additional costs involved.
The only way in which the additional costs of GST can be
recovered is for you to negotiate a GST inclusive price with your customers.
There is no automatic right under the GST legislation to pass on a charge for
GST.
If your contracts span over 1 July, 2000 it is essential that
the GST costs applicable be covered.
After GST starts, when invoices are raised and received or
payment made or received will determine when GST liability and GST credits
arise. However for the introduction of GST the focus has been shifted to look at
when a supply is actually physically made.
Supplies invoiced before GST but supplied after will be
subject to GST.
If you supply delivered goods, supply occurs when the goods
are removed. For other goods and services it is when they are made available or
performed Progressive services are deemed to have been performed on a uniform
basis. On approval goods are supplied when it is certain they have been sold.
Real estate is supplied when it is made available.
This concession applies to written agreements entered into
before 8 July 1999 which specify the price or a way of calculating the price.
If the agreement doesn’t contain a right to review,
renegotiate or change the price then it will be GST free until 1 July 2005. If
there is a review opportunity then the agreement is only GST free up to that
review.
Some contracts spanning 1 July, 2000 and entered into before that date qualify for concessional treatment. The ATO will publish some guidelines on valuation methods that can be used to value construction work in progress as at 30 June, 2000 and this value will be GST free.
Adapt the following plan to your business:
Ascertain the cash flow effect of GST on your business and plan for any extra working capital requirements.
Consider existing relations with customers and suppliers and consider any changes to business practices, which could be beneficial.
Plan to claim any Sales Tax credits which may arise on transitional trading stocks held for sale.
Consider accelerating or deferring capital expenditure as appropriate.
Review your standard business contracts or forms and plan to include GST clauses.
Review the GST consequences of supply contracts.
Design you tax invoices.
Plan for any amendments required to your accounting software and systems.
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This Page Last Updated: 06 December, 2003 08:36 PM
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