University of South Australia GST Training Guide SCHOOLS & RESEARCH The items discussed herein are in reference to activities performed by Schools and Research areas under the broad categories of recipients and services supplied. This document also outlines the critical aspects in the operation of the new tax system, and the manner in which information must be provided to the Finance Unit and how receipting will occur through campus central. The major focus of the guide is to assess the GST status of revenue raised / identified through Schools & Research. A brief guide is also made on general operating revenue and expenses. You should also note that there are circumstances where a GST taxable supply (or sale) will be considered GST free by virtue of certain legislative provisions relating to export and or noncommercial activities of the University – these are explained in individual sections. Contents: 1. Overview of GST 2. Education Courses 3. Student Charges 4. University Activities 5. General 6. Research Activities 7. Non-Commercial Activities 8. Export Activities 9. Pricing Guidelines 10. Tax Invoices 11. Adjustment Notes 12. Accounting Procedures 13. Payment Withholding Requirements 14. Export Provisions 15. Food & Beverage Provisions 16. Transitional Rules Schools & Research GuideV5 1 University of South Australia 1 GST Training Guide OVERVIEW OF GST Basic Operation of the GST Under the GST system, transactions can be classified into 4 categories: Supplies (sales) with GST in the price: Taxable supply – attracts 10% GST, Supplies with no GST in the price: GST free supply, Input taxed supply (generally only applies to residential rents and financial activities and is of limited applicability to UniSA), Out of scope supply eg donations, internal transactions, salaries and related costs and supplies made before July 2000 - do not attract GST. Taxable Supply Most transactions are considered to be taxable supplies and attract the 10% GST eg buying a PC or general consulting services. A taxable supply is generally made where consideration is received for the provision of goods or services from a GST registered supplier. Consideration is very broadly defined and includes money, barter, agreeing not to do something and in kind contributions. Donations are out of scope for GST as a donation is provided for no consideration in return. Research and consulting services are examples of activities that the University will have to charge our customers GST. Generally, GST paid on purchases is refundable to the University when holding a Tax Invoice. GST Free GST free means that the customer is not charged GST. However, most goods and services purchased (inputs) to provide that GST free supply may be subject to GST. However the University will obtain a refund of the GST paid on purchases from the Tax Office. GST free services include Education, Health Services, Basic Food, Childcare, Water and Sewerage, Council Rates, International flights and Religious services. GST free Education courses include undergraduate and postgraduate award courses, and short course programs that are an essential prerequisite to entering or commencing (but not to maintain the practise of) a trade or profession in Australia. Individual subjects within an award course will also be GST free. Impact on the University The University will be caught in the GST system ie it will have to pay 10% GST on most of its non salary purchases, charge customers GST unless the activity is GST free and complete a monthly tax return to the Tax Office. The GST will not impact on University budgets. Instead budgets will be determined and managed on a GST exclusive basis. This is because of the tax collection and refund aspects of the GST. The Finance Unit will be responsible for reconciling a GST clearing account and either remitting GST or receiving GST refunds (as the case may be) on a monthly basis. University staff will have to come to grips with the new tax environment. They should have a sound knowledge when discussing and setting prices under contract, be they simple purchase orders, credit card purchases or long term contracts. Similarly staff connected with raising external revenue will need to know the GST status of the service e.g. GST free or taxable. Generally staff would have to be aware of obtaining appropriate records and writing contracts that include GST where applicable. Schools & Research GuideV5 2 University of South Australia 2 GST Training Guide EDUCATION COURSES Education courses that are GST free are: Secondary courses Tertiary courses Masters or Doctoral courses Professional or Trade courses Recognition of prior learning Adult and Community Education courses English Language courses for overseas students First Aid or Life Saving More specifically courses are defined: Tertiary & Secondary Courses Tertiary courses are defined as those determined by the Minister for Education and include: Undergraduate or post graduate accredited higher education courses. Note this includes single subject studies where the student undertakes formal assessment. Open Learning courses Certain accredited vocational education and training programmes including secondary courses and preparatory courses Certain combined courses of those above. The Ministers Determination is provided in a separate section for schools assessment. Masters or Doctoral courses Defined as a course accredited at Masters or Doctoral courses by a higher education institution. Professional or Trade courses Professional or trade courses are those that lead to a qualification that is an essential prerequisite For entry to a particular profession or trade in Australia; or To commence the practice of (but not maintain the practise of) a profession in Australia A qualification is an essential prerequisite if it can be imposed by an industrial instrument or a profession or trade association that has uniform requirements relating to entry to that trade or profession. Examples – Flying hours used to obtain a flying licence is GST free. – Refresher courses for professionals are not GST free under this exemption. Recognition of prior learning The assessment or issue of qualifications for the purpose of the following is GST free: Access to education; or Membership of a professional or trade association; or Registration or licensing for a particular occupation; or Employment Schools & Research GuideV5 3 University of South Australia GST Training Guide Adult and Community Education courses These are defined as those determined by the Minister for Education. The course must: Be Open to the public (prerequisites limiting entry are not considered open to the public), and Likely to add to employment related skills The course must be clear about its employment-related objective and reflect that in the course content. Not be a course that is provided by, or at the request of an employer to the employees of that employer; and Not be a course that is provided by, or at the request of an organisation to the members of that organisation, except an organisation for which membership is open to adults in the general community; and Not be a course that is provided by way of private tuition to an individual. A public ruling GSTR 2000/27 has been issued which helps to explain the circumstances in which ACE courses will be considered GST free. Several tests are contemplated in the ruling and should be reviewed before a decision is made on the GST status of a short course. All decisions must be documented and retained for internal and tax office audit. These tests include determining whether the course: 1. Is directed at people who want to add to their employment related skills; and 2. The objectives of the course specify the employment related skills to be obtained, and 3. The means of imparting the skills to the participants are clearly determined prior to commencing the course, and 4. There is reasonable expectation that the skills will be used in employment, business or in a profession (but not for recreational, hobby or artistic endeavour). Other considerations include: 5. Are the employment related skills marketed, or 6. Is the course similar to an accredited vocational education and training (VET) program. See definition in Education Minister’s Determination of Institutions and Courses, or 7. Whether evidence exists that participants gain employment from the skills acquired in the course – includes basic skills in literacy, numeracy and building on existing skills and developing skills in new areas. Courses that do not fit the definitions will be taxable – these are commonly referred to as Short Courses. Examples of taxable Short Courses Audit students who are not formally assessed – please note that this is currently the subject of a private ruling as it may be considered an ACE Refresher courses to maintain or top up skills Any unaccredited courses that do not fit into the exemption categories Schools & Research GuideV5 4 University of South Australia 3 GST Training Guide STUDENT CHARGES The Legislation provides for some exemptions to tax on certain student charges, and these include: Education Course - Facilities and Curriculum Related Activities Administrative services, Course materials, Excursions or field trips. The following are not GST free: Supply of any food and or accommodation as part of a filed trip or camp. Supply of non-course material by way of sale, lease or hire Supply of membership to a student union. Education Course The supply of an education course includes the supply of facilities and curriculum related activities. These include the provision and maintenance of buildings, grounds, libraries, computer and science laboratories. Facilities also include access to the Internet and access to the Library. Library access includes library service charges. Curriculum related activities include excursions – filed trips and camps that are directly related to the course. Administrative Services Enrolment processing – includes late enrolment fee Issue of identity cards Assessments of students Processing academic results Administration of school library – nominal fines etc Course Materials Course materials must be provided by the University and are necessarily consumed or transformed by the students studying the course (GST free) for the purpose of the course. Necessarily consumed means the materials are essential or fundamental to the course of study. Consumed means destroyed or used up – eg cooking material or chemicals Transformed means changed in form (appearance, condition, nature or character etc.) Examples of course material: Photocopied or printed course material that specifically relate to the course eg Readers Course notes Unexposed film and developing material Art supplies Ingredients used in cooking class Work books that provide space for students to complete exercises Consumable stationary to the extent which they are necessary for the course Consumable equipment – that is where useful life is not enduring eg medical scalpel Examples of materials that are not course materials Textbooks & Publications Musical instruments Computers Calculators Sporting equipment TLD and belt holder (medical radiations) Student name badges Schools & Research GuideV5 5 University of South Australia GST Training Guide Excursions or Field Trips. Field trips and camps are GST free where they are directly related to the education course and not predominantly recreational. The field trip must be provided by the University – that is, the University must collect the field trip fees. If students pay a third party, that third party would charge GST on all travel and entry fees. Accommodation and food is specifically taxable and the university must charge GST on all food supplied even if it was purchased GST free. Food charges may be estimated. An example of the calculation of Field Trips / Camps is provided below. $ 52.50 Cost to University after obtaining GST refunds $ 50 Charge to student including GST $ 55 Accommodation 165 150 165 Travel and other: 110 100 100 327.50 - 300 - 320 20 - - 300 Budgeted Item Budget after July with GST Food Other may include the supply of a kayak, tickets to enter exhibitions etc* Total GST collected and paid to the Tax Office Net revenue credited to cost centre Comments Initial cost to the University includes GST of $2.50 ie $25 of food was subject to GST at the retail counter. Uni must charge $5 GST on the supply of $50 of food on GST exclusive basis Initial cost to the University includes GST of $15. Uni must charge $15 GST to Cost to the University includes $10 GST which is not required to be charged to students Including GST of $20 *Supplies of items such as kayaks etc are normally taxable to students when an individual hire charge is made by the University for the item. The Tax Office has indicated that such items may escape tax if they were not separately charged within the field trip. Various student fees and charges The fees and charges (detailed in the Private GST Ruling issued in March), are treated for GST purposes for students enrolled in a GST free course as follows: Fee charged for Enrolment services Photocopying by students Printing and laminating for students Examination arrangements Internet and E-mail services Counselling services Graduation ceremonies Graduation dinner Hire of academic dress Library charges Provision of testamurs and transcripts to students Lecture and course notes and guides provided to students GST status GST free Taxable supply Taxable supply GST free GST free Taxable supply Taxable supply Taxable supply Taxable supply GST-free GST-free GST free IMPORTANT NOTE If the University supplies a taxable item within a course fee, these items must be ‘unbundled’ and GST should be charged where appropriate. If the course fee does not include any amounts for taxable items and these are provided subsequently for free, then GST is not applicable because the University was not ‘contractually’ bound to provide those items. This is still a grey area for both the University and the Tax Office. Essentially where there is no consideration for the taxable items then GST does not apply. Schools & Research GuideV5 6 University of South Australia 4 GST Training Guide UNIVERSITY ACTIVITIES Please find below the GST status of University Activities. Sale of Publications – GST taxable Hire of facilities / conference facilities charges – GST taxable Fee for Service – GST taxable For example, reimbursement of salaries and wages by external parties is GST taxable. Although salaries and wages are exempt from GST, the supply of personnel to an external organisation is actually a supply of services and is therefore subject to tax. This is commonly referred to as a fee for service. Consulting – GST taxable This relates to consulting with external customers. Subscriptions for Membership or Services or Journals – GST taxable Conferences & Seminars – GST taxable Donations & Gifts Received – Not Applicable or GST taxable Donation are not caught for GST if: The donation is transferred voluntarily by the grantor to the University, and The grantee may not receive an advantage of material character, directly or indirectly in return for the grant An advantage of material character does not include: mere recognition for making the donation or grant eg a thankyou or a banner at a seminar or congress, - This area of the Tax Rulings are not clearly defined – a ruling will have to be sought on individual cases. Eg recognition in widely distributed pamphlets will be considered advertising (ie more than mere recognition) mere directions on how to spend the gift eg target the gift to electronic engineering research which is of no commercial benefit to the donor. A financial acquittal Tax deductibility to the donor Donations essentially arise from benefaction – a grant that is made as a function of government does not have the characteristic of benefaction and is not a donation. Government grants & scholarships are considered to be reciprocated with material gain – this is because the University is supporting the Government’s functions & objectives – except for DETYA Grants and Appropriations. Scholarships and Prizes– GST taxable or Not Applicable Funds received by the University may be GST taxable where there is a contractual obligation for the University to provide a material benefit to the donor. If funds are paid direct to the student and there is effectively no involvement by the University, there would be no impact from GST. Please note that where there is material recognition, two contracts could be established that document the donation and the separate ‘material’ supply. This would have the effect of taxing the actual supply and keeping the donation free of GST. This course of action has most relevance to private individuals that are not registered for GST and therefore do not receive refunds of GST paid. Schools & Research GuideV5 7 University of South Australia GST Training Guide Bequests from Deceased Estates – Not Applicable Bequests - a deceased estate will not receive a material benefit and therefore there is no supply in return for the bequest. The Not Applicable status also extends to any admin fees charged to the estate. UniSA provides Scholarships & Prizes to Students – Not Applicable Scholarships and prizes issued to students are GST free because the student is usually not expected to provide a supply in return. If a supply was considered to have taken place the student would not be able to charge GST because they would not be registered for GST or it would be a private transaction. DETYA Grants and Appropriations – Not Applicable Appropriations from Parliament are specifically exempt from GST. This includes all DETYA operating, service and research grants (ARC) but excludes EIP (Education and Investigations Program) and REP (Research Evaluation Programme). This also applies to NHMRC grants. Important note Some government agencies / departments may be providing the University funding that is considered an appropriation from parliament. It is important to consult granting bodies to determine whether or not their grants are subject to GST. Research & In-kind Contributions – GST taxable Research is a taxable supply (except for funds received from DETYA, NHMRC). In some instances, a supply of research will be paid by both cash and in-kind contributions. In-kind contributions are GST taxable. Examples include: SPIRT grant participant contributions, CRC projects, and NHMRC Other Examples include: Access to equipment for another supply in return (the valuation of access to equipment is determined by reference to the market value rent / lease of the item) You should note that special Tax Invoices could be prepared to ensure that no monies change hands in respect of the GST – please notify the Finance Unit to organise. Research Funding Example: Purchased asset to be shared with the other Universities. You should note that no matter how the transaction is described, the result would be the same where GST is concerned (all parties obtain a refund of GST) If UniSA owns the Asset solely The GST paid on purchase (including on import) will be refundable to UniSA. The monies paid by the other institutions would represent a fee for acquiring the right to use the asset (for what ever period) and would attract GST. These other institutions will claim a refund from the Tax Office of the GST so paid. Schools & Research GuideV5 8 University of South Australia GST Training Guide Where the equipment is owned by each institution proportionately Where each institution owns a proportion of the equipment, each would be able to claim a portion of the GST paid on importation. This correctly allows the University to buy the goods as an agent for the other institutions and ensures that the refund of GST is attributed to the right institution. Grant from ARC DETYA (including ARC) funding is not subject to GST. Funds Received (or Paid) from Principals for third parties – Not Applicable Where the University receives funds for the benefit of others and where the University does not provide a supply in return, there is no impact from GST. Where the University charges a fee for making disbursements, this fee will be GST taxable unless the service is exempt due to Export provisions (or other eg bequest from a deceased estate etc) Sale of Obsolete Stock – GST taxable Schools & Research GuideV5 9 University of South Australia 5 GST Training Guide GENERAL PAYMENTS Reimbursements to Employees and Students The University must obtain a properly formatted Tax Invoice in order to claim a refund of the GST paid (recorded on the invoice). There is also no requirement to withhold payment (at 48.5%) from the employee where the invoice does not quote an ABN. This is because the employee has the requirement to withhold on purchase. Reimbursements to office holders (giving their time freely) will similarly not require withholding to occur with reimbursements. Payments to Employees or Students for Service (not reimbursement) The payment must be supported by an invoice with an ABN (a Tax Invoice if registered for GST). If the service provided to the University was for the employee or students private or domestic or part of a hobby or recreational pursuit, then the University should not withhold payment if a written signed statement (to that effect) is made on the invoice or separate statement linked to the invoice. If the transaction is really one of employment, then those concerned should be paid as an hourly paid. Per Diem Allowances (ie cash payments - not reimbursement) Currently per diems are considered a salary allowance and will not require support of a receipt. Allowances of this kind are not subject to payroll withholding where they are made in line with Commonwealth rates. This area includes per diems paid to unpaid office holders, and visiting scholars (including conference speakers). Further advice will be provided if full receipt substantiation is required. Honorariums Honorariums are considered a fee for service and withholding will occur where and ABN is not quoted. These include Thesis Markers and Adjunct Professors (withholding occurs for non-cash benefits - see Payment Withholding Requirements section). Thesis markers and Adjunct professors should be encouraged to sign a private purpose declaration where they are not actually carrying on an enterprise. The University may rely on this statement for withholding purposes. Where these individuals do not sign the private purpose declaration, alternative payroll arrangements (hourly paid) can be made to alleviate administrative costs for payees (so they don’t have to obtain an ABN and complete Business Activity Statements). Gifts to Visiting Scholars, Thesis Markers, Adjunct Professors Small gifts such as a bottle of wine (ie where it is inadequate consideration for service) are not subject to withholding when paid to the above mentioned. There is also no requirement for these people to sign a private declaration form. Note – withholding does not occur for payments under $50. If the University reimburses these individuals for travel and accommodation expenses and the University retains an invoice, there is no requirement to withhold as it is an expense reimbursement and it becomes a University Expense. Schools & Research GuideV5 10 University of South Australia GST Training Guide International Flights are GST free This includes a domestic leg that is included in an international ticket or cross-referenced to the international flight ticket. Imports Imported goods that pass through customs will attract GST on collection. The University will obtain a refund of the GST paid. Goods entering Australia by post are subject to GST, however Australia Post can exercise its discretion on whether or not low value goods will be subject to customs control. Schools & Research GuideV5 11 University of South Australia GST Training Guide REVENUE Reimbursement of salaries by external parties Although salaries and wages are exempt from GST, the supply of personnel to an external organisation is actually a supply of services and is therefore subject to tax. This is commonly referred to as a fee for service. Employee Reimburses the University for Personal Expenses Reimbursements by employees are effectively sales and the appropriate GST treatment must be made to the sale. Essentially, the University should charge the gross amount of the expense. Examples An international flight reimbursed in full or part, by a lecturer will be a GST free sale by the University. A domestic flight (that is not part of an international flight ticket) reimbursed in full or part will attract GST. If the flight was for $440 (including GST) then the reimbursement will be $440 in full or $220 for 50% of which the University will remit GST of $40 and $20 respectively to the Tax Office. Other examples include reimbursement of Mobile Phone use. OTHER Agency Relationships When the University acts as a selling agent for another organisation, the University is permitted to issue University invoices quoting the University’s ABN. The principal may remain anonymous. If the principal is registered or required to be registered for GST, the University must issue Tax Invoices. Where the principal is not registered or not required to be registered for GST, the University must not charge GST and not issue Tax Invoices. The sales by the University on behalf of the principal are to be considered sales by the principal for GST purposes. For example – sales by the University may include GST but will not be recorded as taxable sales of the University. This is achieved by recording those sales as ‘Not Applicable’ in the University’s general ledger. The principal would be notified of the sales made and the principal must remit GST to the Tax Office. Subsequent payment to the principal of monies collected, would similarly not be subject to GST, as the University is not purchasing any items – merely remitting funds collected for the principal. Any commission earned by the University will be a taxable sale for the University (must charge 10% GST). As such a tax invoice must be forwarded to the principal to enable their refund of the GST paid (if registered for GST). Important Note The government is reviewing the workings of agent relationships. It is proposed that GST attaches to every transaction. For example – sales by the University will be considered sale of the University (university to remit GST to the Tax Office) and the subsequent payment to the principal of funds collected will be considered a purchase by the University. In this case the University will require a Tax Invoice in order to claim a refund of the GST paid to the principal. Deposits – Not Applicable Deposits received or paid are not a taxable supply. GST will only apply when charges are made against the deposit. This includes deposits for Hotel Accommodation. Schools & Research GuideV5 12 University of South Australia 6 A. GST Training Guide RESEARCH ACTIVITIES General Rules 1. Where the supply of a research grant spans 1 July 2000, the supply is taken to be spread uniformly over the period of the supply ie from contract start date to end date. 2. Where there are discrete deliverable’s or milestones due under the contract each is seen as a separate supply. Eg where a contract is for $150,000 and there a two deliverable’s upon which payments are 67% for a deliverable before July 2000 (say 30 April 2000) and 33% after June 2000 (30 September 2000) – the apportionment for GST is as follows: 30% or $50,000 is deliverable after July. This amount must be apportioned for GST on a uniform basis from 1 July to 30 September 2000 ie 3months / 5months x $50,000 = 30,000. GST = 10% of $30,000 = $3,000. 3. Where a contract does not include a GST contract clause, then relevant staff should contact the funding body to negotiate payment for the GST. Funding bodies that are registered for the GST are able to claim back the GST charged, so there is no real impact to the funding body. 4. GST is payable in the tax period in which the earlier of the following events occurs: An invoice is issued or The grant is received 5. Payments for research grants can occur in three ways Direct credit to the University bank account, and the University sends a tax invoice to the funding body if required, Direct credit to the University bank account, and the funding body issues a recipient created tax invoice (RCTI) Payment after the issue of a University invoice. The gross amount of the grant received must be raised in Finance One and will correctly record the GST portion of the fee invoiced. Some funding bodies will create their own recipient created tax invoices. These invoices are created in lieu of the University preparing tax invoices and allows for efficiencies for both the supplier (University) in not having to raise invoices and the funding body as it allows them to receive refunds for the GST incorporated in the funding at an earlier time. Examples of these bodies includes (some RDC’s and NHMRC if we agree). Where RCTI’s are made, the funding body must provide the University a copy of the RCTI for our records. The receipted funds must be coded to the General Ledger as appropriate for GST. Schools & Research GuideV5 13 University of South Australia GST Training Guide B. Exceptions – where Research grants are GST free The GST legislation has a number of exceptions that mean no GST is applicable where certain conditions are met. These are: 1. Appropriations Research grants provided by appropriation are out of scope for GST. This only applies where the appropriation is specified under a specific act of parliament and excludes cases where a government entity makes a research grant out of its general appropriations. Examples of qualifying grants are: All ARC grants All DETYA grants except EIP (Education and Investigations Program) 2. Donations Research Grants are not caught for GST if: The donation is transferred voluntarily by the grantor to the University, and The grantee may not receive an advantage of material character, directly or indirectly in return for the grant An advantage of material character does not include: mere recognition for making the donation or grant mere directions on how to spend the gift eg target the gift to electronic engineering research which is of no commercial benefit to the donor. A financial acquittal Tax deductibility to the donor Donations essentially arise from benefaction – a grant that is made as a function of government does not have the characteristic of benefaction and is not a donation. Government grants & scholarships are considered to be reciprocated with material gain – this is because the University is supporting the Government’s functions & objectives. 3. Exports Broadly speaking, supplies of services or rights that are for consumption outside Australia are GST free, subject to certain conditions. Specifically, the following are GST free: 1. A supply that is directly connected with goods or real property situated outside Australia 2. A supply that is made to a recipient who is not an Australian resident AND is not in Australia when the research is undertaken AND the research is not directly connected with goods situated in Australia when the research is undertaken or with real property situated in Australia. 3. A supply that is made to a recipient who is not in Australia when the research is done AND the effective use or enjoyment of the research takes place outside Australia AND the research is not directly connected with goods situated in Australia when the research is undertaken or with real property situated in Australia. 4. A supply of rights if the rights are for use outside Australia OR the supply is to an entity that is not an Australian resident AND is outside Australia when the rights are supplied. Research undertaken by UniSA staff in a permanent overseas establishment for overseas clients would not attract GST. Research undertaken by UniSA, and a researcher from overseas assists in the research in Australia, will still be considered consumption outside Australia (as the recipient is considered to be the overseas company which is outside Australia and not the individual researcher). Schools & Research GuideV5 14 University of South Australia GST Training Guide Examples – adapted from Tax Ruling GSTR2000/D7 (draft) Example 25 - Services done in Australia but consumed outside Australia If Account Co performs taxation services in Australia but the recipient of the supply of those services is not an Australian resident and is not in Australia while the taxation service is performed, the supply of those taxation services is GST-free, provided the service is not directly connected with goods situated in Australia when the service is performed, or with real property situated in Australia. Example 26 – Service done in Australia but consumed outside Australia Dobe is a self-employed marine biologist and he is providing research assistance to Phillip, a New Caledonian resident who is conducting research in marine biology. The research assistance is in the form of collating and providing details of sources of information and finding and providing available papers on specific areas. The research work is carried out by Dobe in Australia. The performance of the service occurs in Australia. The supply of the information and papers to Phillip is connected with Australia. The service provided by Dobe in this example is not directly connected with goods or real property situated in Australia and therefore, is GST-free under Subsection 38-190(1) provided that while the research work is done by Dobe, Phillip is not in Australia. Example 27 – Service done in Australia An architect draws up a plan in Australia for renovations of a building in Perth. The recipient is not an Australian resident and is not in Australia while the services of the architect are performed. However, because the supply is directly connected with real property situated in Australia, the supply of that service is not GST-free under subsection 38-190(1). Example 30 – Advice prepared in Australia, but used outside Australia An Australian resident lawyer supplies legal advice to a US resident company. The US company has a permanent establishment in Australia but the US company is not represented in Australia in relation to that supply. The supply of the legal advice to the US company is GSTfree under subsection 38-190(1) because the company is not an Australian resident and the company is not in Australia while the legal services are performed . It is assumed in this example that the supply is not directly connected with goods or real property situated in Australia. Schools & Research GuideV5 15 University of South Australia GST Training Guide 4. Transitional Rules Contracts for research grants signed on or after 8 July 1999 will attract GST for the component attributable to post 30 June 2000, unless one of the exceptions above or a transitional rule applies. Under GST transitional rules, contracts signed before 8 July 1999 are GST free if certain conditions are met, even if the supply is partially or fully performed after 30 June 2000. This depends on whether the contract: is non-reviewable or reviewable is with a buyer who would be entitled to full input tax credits (refunds of GST paid on purchases) A non-reviewable contract is one where the consideration or price paid for the supply is fixed or is to be calculated according to some prescribed formula and cannot be varied or reviewed by either party to the agreement. It may contain specific provisions that the contracted price does not include GST. A reviewable contract is one that allows for a 'review opportunity'. A review opportunity in a contract means an opportunity for the supplier to change the price because of GST or to generally review or renegotiate the price (this includes a change of scope of the contract). Full input tax credits (refunds of GST from purchases) are only available where the funding entity is registered for GST. Almost all Australian based funding bodies will be registered for GST. The following research grants are GST free, even though there is a supply after 30 June 2000: Contracts entered into before 2 December 1998. Non reviewable: 1. Contracts paid in full before 2 December 1998 are GST free for the life of the contract. 2. Contracts paid in full on or after 2 December 1998 are GST free until 1 July 2005. Reviewable: 3. Contracts paid in full before 2 December 1998 are GST free until first review opportunity 4. Contracts paid in full on or after 2 December 1998 are GST free until the first review opportunity or 1 July 2005, whichever is the earlier. Contracts entered into on or after 2 December 1998 and before 8 July 1999. If the recipient is entitled to full input tax credit: Non reviewable: 1. GST free until 1 July 2005 Reviewable: 2. Contracts paid in full before 2 December 1998 are GST free until first review opportunity 3. Contracts paid in full on or after 2 December 1998 are GST free until the first review opportunity or 1 July 2005, whichever is the earlier. Schools & Research GuideV5 16 University of South Australia C. GST Training Guide In-kind Contributions 1. Consideration for Supply Where In-kind contributions represent consideration (price paid) for a supply, GST will apply to the amount contributed in the same manner in which cash payments are subject to GST. The valuation of In-kind contributions should be that ascribed by an arms length transaction and is usually noted in agreements – particularly SPIRT grants and CRC projects, however In-kind contributions have the potential to affect every collaborative arrangement where a supply is made. 2. Supply SPIRT industry partner agreements make it clear that developed intellectual property (IP) is owned by the parties as tenants in common which suggests that the collaborative arrangement is best categorised as one where there is no supply from one party to the other. That is, the participants spend their own funds in developing their share of the IP. However the industry partner agreement states that the parties agree that each party shall have at least a non-exclusive right to use any background intellectual property within the terms of the agreement. As such, there is a supply of background intellectual property. CRC projects represent work performed under the CRC funding umbrella and confer rights to purchased participation of CRC developed intellectual property. That is, individual contracts between the parties are viewed as transactions with the CRC for accessing CRC IP and the purchase of a right to access future CRC IP. Purchased equity may be viewed as a financial supply, in much the same way as purchasing company shares or an interest in a partnership. Financial supplies are ‘Input Taxed’ which means the purchase price should not have GST added on. Under normal tax rules, an arrangement may be considered a partnership where income is earned jointly. A private tax ruling for the ‘Water Quality’ CRC (mid 1990’s) suggested that each project was a partnership for tax purposes. Further, the Tax Office allowed the CRC in total (for all projects) to be considered as a partnership for ease of administration. Additionally, the CRC and SPIRT arrangements may fall under recently introduced GST joint venture rules. This may have the effect of requiring an ABN for each venture or project. These rules are new and have not been examined by the GST project team. It appears that the Research industry will treat CRC’s as separate and distinct GST entities. This accords with the Tax Office view that the CRC’s are partnerships. It seems that this will have the effect of treating in-kind contributions as a supply of service between the CRC and the project contributors. 3. Double Supply Clearly, In-kind contributions represent supplies in themselves and the consideration for the supply is usually the reciprocated supply of research results. As such the industry partner / CRC can and should charge GST for their supplies. See below in Accounting for In-kind transactions. Schools & Research GuideV5 17 University of South Australia GST Training Guide 4. Accounting of In-kind transactions This aspect of the accounting function is yet to be developed fully. Notwithstanding the possible ‘tax’ scenarios outlined above, the CRC’s will invoice the University GST on In-kind contributions along with SPIRT participants. As a result, University would similarly charge GST for In-kind contributions to the CRC/SPIRT participant. Invoices for In-kind contributions should be raised by both parties in the same month. This would alleviate the need for actual cash to change hands between the parties for the GST applicable to the In-kind contribution – this can only be achieved where the value of In-kind contributions from both parties is equal. This is likely to be acceptable to the Tax Office since the parties although working collaboratively are engaging each other at arms length. Eg Research contract for UniSA to provide research for Cash contribution of $1100 including GST and In-kind of $660 including GST. Tax Invoice issued by UniSA: UniSA Tax Invoice ABN 37 191 313 308 To: ABCD Exclusive Supply of research (cash) 1000 GST 100 Total 1100 60 660 UniSA Tax Invoice ABN 37 191 313 308 To: ABCD Supply of In-Kind 600 ABCD Tax Invoice ABN 45 787 343 295 To UniSA Exclusive Supply of Inkind Schools & Research GuideV5 600 GST 60 Total 660 The GST payable by the University to the Tax Office (based on our invoice) will be off set immediately and for the same amount based on the supplier’s invoice (from which we obtain a refund of GST as with any other purchase). Our systems need only record the revenue & expense within the BAS (or tax return) – there is no need to record these amounts within University cost centres. 18 University of South Australia GST Training Guide Alternative Approach An extension to the example above, is where the University prepares an RCTI (recipient (receiver of supply) created tax invoice) in lieu of an invoice from the supplier / industry participant. This invoice will be used by the University to obtain a refund of the GST paid to the industry partner. Note that the use of the RCTI is subject to certain requirements to be agreed between the University and the industry partner – including provision of the RCTI to the supplier within 28days for their records. Eg Research contract for UniSA to provide research for Cash contribution of $1100 including GST and In-kind of $550 including GST. Require Tax Invoice of $1650 (include $150 GST) Require RCTI for $550 Possible Tax Invoice and RTCI per GSTR2000/10 para 17 and 50-52 re set-off of expenses etc (must show gross amounts). This approach is now with the Tax Office for their review. UniSA Tax Invoice ABN 37 191 313 308 To: ABCD 1500 GST 150 Total 1650 500 50 550 Exclusive Supply of research ABCD Recipient Created Tax Invoice ABN 45 787 343 295 To UniSA Supply of Inkind Net payable Schools & Research GuideV5 1100 19 University of South Australia 7 GST Training Guide NON-COMMERCIAL ACTIVITIES GST free Override for Certain GST Taxable Supplies (Sales) Special provisions are available under the GST legislation that enables certain GST taxable (or input taxed) supplies (sales) to be considered GST free. These provisions are available to Charities and / or Gift Deductible entities. Under tax law the University is considered both a Charity (provision of public education) and a Gift Deductible entity. Nominal Consideration (Price) (1) A supply is GST-free where: (a) if the supply was accommodation, the consideration is less than 75% of the GST inclusive market value of the supply; (b) if the supply was not accommodation, the consideration is less than 50% of the GST inclusive market value of the supply. (2) A supply is GST free where: (a) if the supply was accommodation, the consideration is less than 75% of the cost to the supplier of providing the accommodation; (b) if the supply was not accommodation, the consideration is less than 75% of the cost of acquiring or the supplier (UniSA) is liable to pay for the thing supplied. Where any items are considered to fall under these broad exclusions, appropriate documentation should exist outlining on what basis the GST free status was determined. Second-hand Goods A supply of second-hand goods by the University is GST-free if: (1) the goods were supplied to the University (a) as a gift; or (b) by way of a supply that was GST free because of a previous application of this rule. However, the supply is not GST-free if the University has dealt with the goods in such a way that the goods no longer have their original character. Raffles and Bingo A supply is GST-free if, the University supplies: (a) a supply of a ticked in a raffle; or (b) an acceptance of a person’s participation in a game of bingo; or (c) a gambling supply of a kind specified in the regulations; and The supply does not contravene a State or Territory law. Schools & Research GuideV5 20 University of South Australia 8 GST Training Guide EXPORT ACTIVITIES Exported goods or services are broadly categorised under three main categories: Supplies of things, other than Goods or Real Property, for consumption outside Australia; Exports of Goods; and Lease etc. of Goods used outside Australia. The legislation for each of these payments has been restated in a separate section ‘Export Provisions’ for University application. Some guidance is provided below however. 1 Supplies of things, other than Goods or Real Property, for consumption outside Australia This area of the GST legislation is concerned with the supply of services and rights. 1.1 Consulting and Research – Export (GST free) Consulting services to non-residents who are not in Australia when the consulting service is performed will be GST free as an Export – as long as the research is not directly connected with goods or real property situated in Australia. 1.2 Subscriptions to Journals – GST taxable Journal and magazine subscriptions that are paid for in advance are payments for a right to receive future issues of the journals or magazines. The journals and magazines are considered goods and therefore must be delivered within 60 days of payment or issue of an invoice (which ever is the earliest) (or such further period as the commissioner allows) Such rights are considered the sale of goods, and are taxable where the goods do not pass to the recipient within 60 days. Under the GST Act, the University will have to apply to the Commissioner of Taxation to make a special determination in regards to the ‘further period’ in which goods can pass as Export. 1.3 Commissions and Royalties for Rights Granted – Export (GST free) Rights granted for use of intellectual property will be GST free as an Export where the rights are granted for use outside Australia. Where rights are granted for use in and out of Australia, the royalty relating to use in Australia is subject to GST. 2 Export of Goods A supply of goods will generally be GST free where the University exports the goods from Australia before, or within 60days of receiving payment or on issuing an invoice for payment (which ever is earlier). Activities that would be GST free by virtue of this ‘export’ provision are: 2.1 Publications Sales of publications will be GST free if they are sold on a one off basis (ie not part of a subscription service). Please note that an item is GST free where the exchange of title to ownership occurs overseas. Subscriptions to publications are considered the sale of goods, and are taxable where the goods do not pass to the recipient within 60 days. . Under the GST Act, the University will have to apply to the Commissioner of Taxation to make a special determination in regards to the ‘further period’ in which goods can pass as Export. Schools & Research GuideV5 21 University of South Australia 9 GST Training Guide PRICING GUIDELINES Quoting Prices You should note that under the Australian Competition and Consumer Commission (ACCC) prices must be quoted on a GST inclusive basis for goods and services supplied after 30 June 2000. This does not preclude us from showing the GST amount separately. Eg a GST inclusive price of $110 can be show as: Goods / Services GST Total $100 $10 $110 Quotations on or After 1 July 2000 According to ACCC price exploitation guidelines, brochures, price lists and enrolment forms must either be reprinted with GST inclusive prices or prices should be over-marked with stickers (you cannot over-mark with textas or pens). Price rules The University shall not increase prices by more than 10% for goods and services (inclusive of GST). Further, the University must pass on any cost savings received from our suppliers. The University is currently wholesale sales tax (WST) exempt and therefore we do not expect significant net price changes (after GST is refunded) to our purchases after June. As a result our price setting may only require minimal price reductions, if any before adding GST (where applicable). Adjusting Trading Stock Prices Where the University does hold trading stock at 1 July 2000 (eg the Sports Centres) prices must be adjusted for the removal of WST and the addition of GST. In order to claim a refund of the WST included in stock held at 1 July 2000, a stock take is required to identify items held and the WST applicable to those items. Price setting 1. Reviewing Costs and Margins Add the GST exclusive costs of supply to, A profit margin, and Add GST to the total of the above figures. Or 2. Market Prices Market prices include GST, therefore GST is 1/11th of the market price Schools & Research GuideV5 22 University of South Australia GST Training Guide Examples considering costs: Pricing a Conference (minimum to recover) Venue hire $1100 includes GST of 100 Catering $220 includes GST of 20 Speaker Fee $330 includes GST of 30 Own staff costs $600 no GST on wages Total $2250 Less GST refund ($150) Cost to UniSA $2100 minimum cost to recover Number of guests 50 Cost per guest $42 Profit margin $3 Round up or down, $45 Add GST at 10% $ 4.50 Cost per head $49.50 You may wish to round to $50, in which case GST is 1/11th = $4.54 The main point here, is to realise that GST is always 1/11th of the price charged. Selling an item at Cost (ie reimbursement of mobile phone calls etc) University purchases a piece of equipment $110 includes GST of $10 Refund of GST from Tax Office ($10) Cost to recover on sale $100 Add GST at 10% $10 remit to Tax Office GST inclusive price $110 Research Projects, Consultancies and Grants Research projects, consultancies and grants (‘projects’) are generally entered into to provide a result. This means that the supply made by the University would typically be for one supply and GST would be added on the total funds requested. Project for service to commence after 30 June 2000 (basic example) Budgeted Item Computers / Equipment Salaries and Oncosts Travel Photocopying, printing phone calls & Total Less GST credits (ITC) Total funding required Add GST Total funding sought / invoiced GST paid to the Tax Office Net revenue credited to the cost centre Budget now with out sales tax $ 10000 18000 5000 2000 Budget after July with GST $ 11000 18000 5500 2200 35000 - 36700 (1700) 35000 3500 38500 (3500) 35000 35000 3500 38500 (3500) 35000 Comments Includes GST paid (ITC)of 1000* Includes GST (ITC) of 500* Includes GST (ITC) of 200* Per computer, travel & printing and phone calls, these are refundable to the University* Net cost to University* GST payable to Tax Office # * You should note that the Finance Unit will pay the GST on purchases via a corporate GST account. The Tax Office will refund this GST paid so long as the University holds a properly formatted Tax Invoice from the supplier. The GST is therefore not a cost borne by the relevant cost centre. # GST collected will be recorded against the corporate GST clearing account and remitted to the Tax Office monthly. Schools & Research GuideV5 23 University of South Australia GST Training Guide Research cont. Apportionment of revenue applicable to GST Where there are discrete deliverable’s or milestones due under the contract each is seen as a separate supply. Eg where a contract is for $150,000 and there a two deliverable’s upon which payments are 67% for a deliverable before July 2000 (ie $100,000 on 30 April 2000) and 33% or $50,000 after June 2000 (30 September 2000) – the apportionment for GST is as follows: 33% or $50,000 is deliverable after July. This amount must be apportioned for GST on a uniform basis from 1 May to 30 September 2000 ie 3months (from July) / 5months x $50,000 = 30,000. GST = 10% of $30,000 = $3,000. Schools & Research GuideV5 24 University of South Australia 10 GST Training Guide TAX INVOICES Contents: 1 Minimum Requirements for Tax Invoices 2 Examples of Tax Invoices from Suppliers 3 Example of Tax Invoices issued by the University 1 Minimum Requirements for Tax Invoices A final GST ruling on Tax invoices has not been issued, however a draft ruling contains the main points that are expected to be shown on a Tax Invoice. Tax Invoices must be provided to any customer that requests a Tax Invoice within 28 days (subject to $55 limit – see below). Tax Invoices need only be prepared where GST has been applied. 1.1 Tax invoices are not necessary / required where it includes a taxable item valued $55 (incl. GST) or less. 1.2 For invoices where the total payable (including GST) is greater than $55 and less than $1000, the information required in Tax Invoices ABN The GST inclusive price of a taxable supply The word ‘tax invoice’ The date of issue of the tax invoice The name of the supplier A brief description of the thing supplied A statement that the total amount payable includes GST (where it is exactly 1/11th of the price) or the total amount of GST Where the invoiced amount contains taxable supplies only and the GST is less than 1/11th of the total invoice, the invoice must show: the GST exclusive amount of the taxable supplies and the amount of GST payable on the taxable supplies. Where the invoice contains a mixed supply of GST taxable, free and not applicable (amounts out of scope ie for goods or services delivered before July 2000 in which case GST does not apply) clearly identify each taxable supply the total amount of GST payable the total amount payable 1.3 Tax invoices where the total payable is $1000 or more, the information required must include the information described above and the following: The name of the recipient The address or the ABN of the recipient For each description – the quantity of the goods or the extent of the services supplied 1.4 Recipient Created Tax Invoices (RCTI) In some circumstances the entity receiving the good or service can create their own Tax Invoices to enable refunds of GST paid, instead of the supplier issuing a tax Invoice. For this to occur, the University must agree in writing, and be provided with a copy of the RCTI for our records and processing. Schools & Research GuideV5 25 University of South Australia 2 2.1 GST Training Guide Examples of Tax Invoices from Suppliers Supply of less than $1000 and the GST is exactly 1/11th of the total price NOTE: ITEMS IN BOLD MUST BE SHOWN, ITEMS NOT IN BOLD ARE REQUIRED FOR INVOICES $1000 or MORE TAX INVOICE Construction Co ABN 47 191 313 308 To UniSA or ABN Date 5 / 7 / 2000 Description of Qty Supply Solid decorator 10 doors TOTAL The total price includes GST Total Payable 1650 1650 OR Don’t need Qty of goods Must make this statement if GST not shown and GST is exactly 1/11th of the price. TAX INVOICE Construction Co ABN 47 191 313 308 To UniSA or ABN Date 5 / 7 / 2000 Description of Qty Supply Solid decorator 10 doors GST TOTAL AMOUNT PAYABLE OR Total Payable 1500 150 1650 Or show GST separately For Subscription Notices TAX INVOICE State Library ABN 47 191 313 308 Journal Subscription Notice To UniSA or ABN Date 5 / 7 / 2000 Description of Qty Supply Journal 10 subscription GST TOTAL AMOUNT PAYABLE Total Payable 400 40 440 Must have additional statement otherwise regard as noncomplying and you will need to obtain a Tax Invoice. This will become a tax invoice when paid Schools & Research GuideV5 26 University of South Australia 2.2 GST Training Guide Supply of less than $1000 and the GST is less than 1/11th of the total price (Mixed Supply) In this example, roof tiles are taxable and bottled water is GST free. It could well be an invoice for research ie taxable supply after 30 June 2000 and non-taxable before 1 July 2000. TAX INVOICE Construction Co ABN 47 191 313 308 To UniSA or ABN No need to have asterix if line item shows GST applicable Date 5 / 7 / 2000 Description of Qty Supply Unit Price GST Total Payable Roof tiles (*) 150 5.50 Bottled water 50 1.00 TOTAL AMOUNT PAYABLE Total includes GST of (*) indicates taxable supply 75 75 825.00 50.00 875.00 Each different type of supply to be shown Show total GST Must indicate supplies with GST OR Where the invoice contains taxable supplies only Eg an amount is out of scope for GST due to transitional rules TAX INVOICE Construction Co ABN 47 191 313 308 To UniSA or ABN Date 5 / 7 / 2000 Description of Qty Supply 50 70 Secondment services 50 hrs in July Secondment services 70 hrs in June Totals Price excl. GST 2500 GST Total Payable 250 2750.00 3500 - 3500.00 6000 250 6250.00 Taxable supply is shown in total, however some of it not applicable (N/A) to GST. Totals excluding GST & GST total Note in this example 50 hours were taxable and 70 hours were out of scope ie Not Applicable to GST as this service was performed before 1 July 2000. Schools & Research GuideV5 27 University of South Australia 3 GST Training Guide Examples of Tax Invoices Issued by the University Essentially, the University should show the GST incorporated in the price. 3.1 Supply of less than $1000 and the GST is exactly 1/11th of the total price NOTE: ITEMS IN BOLD MUST BE SHOWN, ITEMS NOT IN BOLD ARE REQUIRED FOR INVOICES $1000 or MORE TAX INVOICE UniSA ABN 37 191 313 308 Uni preference to show GST To Construction Co or ABN Date 5 / 7 / 2000 Description of Qty Supply Solid decorator 10 doors GST Total Payable 1650 150 TOTAL 3.2 Don’t need Qty of goods 1650 Supply of less than $1000 and the GST is less than 1/11th of the total price (Mixed Supply) In this example, roof tiles are taxable and bottled water is GST free. It could well be an invoice for research ie taxable supply after 30 June 2000 and non-taxable before 1 July 2000. TAX INVOICE UniSA ABN 37 191 313 308 To Construction Co or ABN Date 5 / 7 / 2000 Description of Qty Supply 150 50 Food & Accommodation Camp Totals GST Total Payable 75 825.00 75 50.00 875.00 Show total GST Schools & Research GuideV5 28 University of South Australia GST Training Guide OR Where the invoice contains taxable supplies only Eg an amount is out of scope for GST due to transitional rules TAX INVOICE UniSA ABN 37 191 313 308 To Construction Co or ABN Date 5 / 7 / 2000 Description of Qty Supply 50 70 Secondment services 50 hrs in July Secondment services 70 hrs in June Totals Price excl. GST 2500 GST Total Payable 250 2750.00 3500 - 3500.00 6000 250 6250.00 Totals excluding GST & GST total Note in this example 50 hours were taxable and 70 hours were out of scope ie Not Applicable to GST as this service was performed before 1 July 2000. OR For Subscription Notices - Alternative method, see Accounting Procedures TAX INVOICE UniSA ABN 47 191 313 308 Journal Subscription Notice To State Library or ABN Date 5 / 7 / 2000 Description of Qty Supply Journal 10 subscription GST TOTAL AMOUNT PAYABLE Total Payable 400 40 440 Must have additional statement otherwise regard as noncomplying and you will need to provide a Tax Invoice. This will become a tax invoice when paid Schools & Research GuideV5 29 University of South Australia 11 GST Training Guide ADJUSTMENT NOTES You should note that where a GST taxable price increase or decrease arises to a previously issued Tax Invoice, an Adjustment Note must be issued to the customer. This essentially records the change in GST applicable to the transaction. Adjustment Notes must be issued within 28 days of request or if before receiving a request, within 28 days of the supplier becomes aware of the adjustment, to those who had previously received a tax invoice. Information required on an Adjustment Note (GST Ruling 2000/1) is provided below. 1 Abbreviated Adjustment Note (where tax invoice issued and total payable is less than $1000) The words ‘Adjustment Note’ must be present (or variations: Credit Adjustment Note etc or may use the word Tax Invoice so long as the refund/adjustment and GST appear as negative values) ABN Name of supplier Issue date of the Adjustment Note The difference between the price of the supply or supplies before the adjustment event and the new price of supply, and A brief explanation of the reason for the adjustment, eg ‘discount’ or ‘return of goods’ The amount of the adjustment to the GST payable or a statement to the effect that the difference in the price of the taxable supply includes GST 2 Requirements for adjustment notes (other than abbreviated adjustment notes, ie where tax invoice issued and total payable is $1000 or more) should include those items above and: The name of the recipient The address or ABN of the recipient 3 Where adjustment events occur for supplies that are partly taxable: The difference between the price of the taxable supply before the adjustment event and the new price of the taxable supply, and the amount of the adjustment to the GST payable. 4 Where supplies for which the GST is less than 1/11th of the price of the taxable supply: The amount of the adjustment to the GST payable; and The difference between the GST exclusive price of the supply before the adjustment event and the exclusive price of the supply. Important Refunds of previously taxed items must be made by the Finance Unit to facilitate the production of Adjustment Notes. Schools & Research GuideV5 30 University of South Australia 12 GST Training Guide ACCOUNTING PROCEDURES Revenue Invoices with GST raised in Finance One will be complying Tax Invoices. Tax Invoices are required by GST registered customers to obtain a refund of the GST included in the price of the invoice. 1 Revenue Invoiced in Finance One Finance One will correctly allocate revenue and GST to the relevant general ledger accounts. This is achieved by entering a total GST inclusive amount and correctly selecting the appropriate GST code for one of the 5 categories: Supplies (sales) with GST in the price: (T) Taxable supply – attracts 10% GST, Supplies with no GST in the price: (F) GST free supply, (E) Export (N) Not Applicable - out of scope supply eg donations, internal transactions, funds received from one party to be directed to another party (excludes taxable scholarships) and supplies made before July 2000 - do not attract GST. (I) Input taxed supply for Whyalla Student Accommodation & Campus Services Residential Invoices (Magill House), For example in a mixed supply: An invoice for $950 (including GST) may comprise: (T) $550 taxable supply (sale), and (F) $400 GST free supply $50 = 1/11th of the $550 Taxable sales (or $50 = 10% of $500) will be recorded against the GST clearing account for later remittance to the Tax Office. The remainder ($900) will be recorded as revenue against the relevant cost centre. All final processing into Finance One requires the gross amount of taxable sales along with ‘sales with no GST in the price’ from which the system will correctly allocate amounts to revenue and the GST clearing account. NOTE: This applies equally for cash sales, petty cash and journals that record original receipt of revenue. All revenue items are tracked throughout processing using the GST codes outlined above for gross taxable amounts. This level of tracking is required to prepare our monthly tax return (or BAS - Business Activity Statement) on a gross basis. Receipt of funds previously invoiced in Finance One Funds receipted that relate to invoices raised in Finance One should be processed in the usual way ie with sub-receipts / direct to Finance Unit. These funds are usually directed to the Finance Unit for processing against the debtor. Revenue Journals Revenue may be introduced into Finance One by journal. In such cases the correct GST code must be assigned to the general ledger account entry. Schools & Research GuideV5 31 University of South Australia 2 GST Training Guide Revenue not Invoiced in Finance One Campus Receipting The Campus receipting system has been modified to process the various GST codes. It does this by assigning one GST code to each PLU. A PLU is the code that is used to process receipts through campus receipting against the various General Ledger accounts. Eg PLU 10352 = GL Account 40 70800 6429 Because there is only one GST code per PLU, there will be occasions where one type of revenue (general ledger account) will have more than one PLU. For example: within Camps and Field Trips the accommodation and food is taxable where as the travel and entry fees etc is GST free. This will require two PLU codes – one for the taxable portion and one for the GST free portion. An example is provided below. 2.1 Cash Sales Cash sales occur where funds are collected at the same time the goods or services are provided. Some customers that are not registered for GST may request a Tax Invoice (students) in which case the University must comply to do so within 28 days (unless the taxed item is $55 or less). 2.1.1 Taxable Sales Where the sale includes a Taxable sale, the new ‘Tax Invoice’ (cash sale receipt) must be used where there is no other means of producing a Tax Invoice (eg Campus Receipting or GST complying cash register). This will help you keep track of the gross amounts that include GST. Example: The receipt of a Camp or Field Trip will have to be split between its taxable and GST free components. The taxable sale in this example is $825. TAX INVOICE UniSA ABN 37 191 313 308 GST Code recorded on second copy if receipted through Finance Unit To Construction Co or ABN Date 5 / 7 / 2000 Qty Description of Supply Camp – Travel & Other Accommodation and Food Account code GST code F GST Total Payable - 50.00 T 75 825.00 Totals 75 875.00 Place GL account code if receipting through Finance Unit or PLU if receipting through Campus receipting on second copy Schools & Research GuideV5 GST is 1/11th of the total taxable sale Show total GST 32 University of South Australia GST Training Guide If the cash sale is receipted through the Finance Unit, the general ledger account code and GST code will be used to correctly allocate each amount on the invoice. As with normal invoicing in Finance One, the GST will be allocated to the GST clearing account as 1/11 th of the taxable supply of $825 = $75 The gross taxable item must contain GST exactly =1/11th of the total. Amounts processed in the general ledger: Revenue to cost centre/s GST Clearing Account Taxable Free 750 50 75 Totals 800 75 If the cash sale is subsequently receipted through Campus Receipting, the correct PLU must be identified on the cash sale ‘Tax invoice’ for each (differently taxed) supply made. Eg a cash sale may contain any of the GST code types referred to above (Taxable, GST free, Export or Not Applicable etc). As mentioned previously, Campus Receipting PLU’s can only assign one type of GST code per PLU. Therefore sales of one item requiring two GST codes will require two PLU’s recorded; ie one for each different GST treatment of the sale. In the camp / field trip example above, one PLU is required for the taxable portion and another for the GST free portion. The campus receipting system will be updated to provide the taxable and GST free PLU’s for existing camps. Other revenue items will require the various schools and units to establish new PLU’s for the different types of sales eg Taxable (T), Export sales (E) and amounts received as donations (N). Schools and Units will be provided their own specific PLU’s for future reference. 2.1.2 Sales with no GST in the price (GST Free, Export or Not Applicable etc) Where the sale does not include GST ie it is GST free, Export or Not Applicable, you may use a normal sub-receipt. There is no legal requirement to give a ‘Tax Invoice’ for GST free sales. To avoid confusion with customers, it may be prudent to note on the receipt that GST did not apply to the item sold. However for internal processing you must clearly identify the amounts by GST code: (F) GST free, (E) Export, (N) Not Applicable etc before processing is made to the General Ledger or use the correct PLU if the receipt is provided to Campus Central. 2.1.3 Sales Summary for input into Finance One For ease of input into Finance One, amounts should be summarised according to general ledger account code and GST code. Example Account Code GST free (F) Export (E) 40 70800 XXXX 40 70800 YYYY 50 100 80 100 825 500 875 780 Totals 150 80 100 1325 1655 Schools & Research GuideV5 Not Applicable (N) Taxable (T) Totals 33 University of South Australia GST Training Guide 2.2 Subscription Notices and Conferences Subscription notices issued are not considered invoices. They represent offers to join or renew a service. The service is subject to 10% GST. 2.2.1 Issuing Tax Invoices associated with Subscriptions and Conferences Because the new tax regime requires businesses to hold Tax Invoices in order to claim refunds of GST paid on purchases, many may not pay on subscription notices. (a) To overcome this, the University should issue subscription forms as registration forms clearly showing the GST applicable. The registration form should not contain the words Tax Invoice, although the University ABN should appear. The registration form should state that a Tax Invoice will be issued requiring payment on return of a completed form. Finance One should then be used to prepare a Tax Invoice requiring payment. (b) Alternatively, you may issue a subscription notice, which states that a Tax Invoice will be issued on payment. In this case you must issue a cash receipt Tax Invoice to the customer. It is unclear how many businesses would pay without first receiving a Tax Invoice. (c) Alternative approach - Issuing Subscription Notices as Tax Invoices The subscription notice may be regarded as a ‘Tax Invoice’ where it is properly formatted, displaying the words Tax Invoice and our ABN, the date of issue and includes the words ‘this will be a Tax Invoice when paid’ Where this option is used, a normal sub-receipt must be used to record receipt of funds – a Tax Invoice cannot be issued twice to the customer. In this case, the sub-receipt must be completed with the appropriate details eg correct PLU or general ledger account code with appropriate GST code. Example: UniSA ABN 37 191 313 308 Journal Subscription Notice Note: must have word Tax Invoice, ABN, show GST & date of issue. Tax Invoice 15/7/2000 To ABCD Address or ABN (if invoice greater than $1000) Journal subscription for 12 months GST Total $400 $40 $440 This will be a tax invoice when paid. Must have additional statement otherwise regard as noncomplying and you will need to provide a Tax Invoice. Schools & Research GuideV5 34 University of South Australia 2.3 GST Training Guide Manual Invoices – Word Document 2.3.1 Tax Invoices The University should not issue Word document Tax Invoices unless prior approval is obtained from the Finance Unit. This is because the University is liable for GST at the earlier of invoice or receipt of funds and the need to meet the requirements of Adjustment Notes (eg. adjustment notes will be required for prepaid services where actual service differs to that invoiced) Invoices raised as a ‘Word document’, that contain GST should be properly formatted as a Tax Invoice. The Tax Invoice should disclose the GST for each item and totals should be provided. See examples under ‘Tax Invoices’ Subsequent receipt of funds must be recorded on a sub-receipt (a cash sale Tax Invoice cannot be issued – you cannot issue two Tax Invoices). As outlined above the sub-receipt must be coded for the different GST code types (Taxable, GST free, Export or Not Applicable etc) or use the correct PLU. Because adjustment notes are required where prices or actual supply vary, it is crucial that invoices be raised in arrears (instead of in advance). Where adjustments do occur – the Adjustment Note can be reported on the next Tax Invoice, so long as the invoice is issued within 28 days. 2.3.2 Invoices with no GST in the price (GST Free, Export or Not Applicable etc) Invoices raised as a ‘Word document’, that do not contain GST need not be provided as a Tax Invoice. To avoid customer confusion, you should make a note on the invoice indicating that GST does not apply to the item/s sold. The receipt of funds must be recorded on a sub-receipt (a cash sale Tax Invoice cannot be issued). As outlined above the sub-receipt must be coded for the different GST code types referred to above (Taxable, GST free, Export or Not Applicable etc) or use the correct PLU. 3 Commission and Royalty Revenue from Rights granted Commission and Royalty revenue is determined in effect by the paying party. The payer will require a Tax Invoice to obtain a refund of the GST paid. The options to control the GST applicable and provide for Tax invoices is as follows: (a) Request advice of the fee before receipt of funds, after which a Tax Invoice must be prepared from Finance One, or (b) Provide a cash sale Tax Invoice when funds are received (funds should be received with sufficient advice from which to prepare a Tax Invoice), or (c) Have the payer prepare a Recipient Created Tax Invoices. The University would have to agree in writing and the payer must furnish a copy to the University. After recording the receipt of funds, payments could be deposited with: Campus receipting along with an appropriate PLU, or Provided to the Finance Unit with completed receipt details. Each of the three approaches will require communication with the payer to determine the most effective course of action. Schools & Research GuideV5 35 University of South Australia 4 GST Training Guide Commissions from Sale of Goods on Consignment The sale of goods on consignment are actually sales of the principal. Therefore the principal must account for the GST on items sold. There are a number of alternatives available to account for the commission earned on sale of consignment stock. The use of any of these will depend on existing receipting systems (eg manual cash sale, cash register or campus receipting) and level of training required of staff. 4.1 Where a manual cash sale Tax Invoice is issued to the customer and the commissions are retained on the sale of an item, the following procedure could be adopted: On sale, the customer must be given an appropriate receipt: If the principal is registered for GST – manual cash sale Tax Invoice must be issued showing GST, if the principal is not registered for GST - a sub-receipt must be issued (GST cannot be charged on behalf of the Principal). You should not give a Campus services receipt as this will show the incorrect GST to the customer due to the following coding at campus receipting: PLU (taxable) for the commission portion eg if sale for $100 and commission is 20% then $20 dollars must be coded with a taxable PLU. The remaining portion $80 must be coded with a PLU that is coded (N) Not applicable. Subsequent payment of the $80 is merely a transfer to the Principal. This is not a purchase and the FS3 form should be coded with an (N) Not Applicable. Because the agent requires a Tax Invoice for the commission withheld, you must prepare a manual cash sale Tax Invoice which should accompany the cheque issued, detailing the commission withheld and which highlights the GST. NOTE: other methods are available for handling commissions, some of which involve preparing correcting journals depending on whether or not the item is sold mainly through campus central etc. Please contact the Finance Unit to discuss. Schools & Research GuideV5 36 University of South Australia 5 GST Training Guide Deposits received for Hotel Accommodation Conference fees may include deposits for Hotel accommodation. 5.1 Where the deposit is used by the University to purchase accommodation, which is an expense of the University – the University must obtain a Tax Invoice on purchase of the hotel accommodation to obtain refunds of the GST. The Tax Invoice issued by the University for the conference must highlight GST applicable to all costs. 5.2 Where the University merely collects a deposit on behalf of a Hotel, GST should not be charged to the conference participant for that deposit. The deposit must be coded with GST code (N) Not Applicable. Subsequent payment must be supported by an invoice coded as GST code (N) or and FS3 GST code (N) (ie the University is not entitled to a refund for the GST – it is not a University expense). That is the conference participant will be provided a Tax Invoice from the Hotel from which they will be able to claim a refund of the GST. Example: UniSA 15/7/2000 ABN 37 191 313 308 Conference Tax Invoice To ABCD Address or ABN (if invoice greater than $1000) GST Conference costs 15 Dinner 6 Hotel Deposit Total 21 Schools & Research GuideV5 Total $165 $66 $110 (N) $341 GST code (N) when using Finance One or when cash receipting use PLU with GST code (N). 37 University of South Australia GST Training Guide Expenditure 1 Expenditure made through Accounts Payable Expenditure made through Accounts Payable will correctly allocate the expense and the GST to the relevant general ledger accounts. This is achieved by entering a total GST inclusive amount and correctly selecting the appropriate GST code: Acquisitions (purchases) with GST in the price: (T)Taxable - contains 10% GST, and Acquisitions (purchases) with no GST in the price: (F) Free (includes non-Tax Invoices) (N) not applicable eg donations, internal transactions, purchases made before July 2000 and payments made to or on behalf of a Principal (ie where UniSA is an Agent) etc, or Those sales (or supplies) that contain GST in the price but for which a GST refund is not allowed: Acquisitions (purchases) with GST but we cannot obtain a refund: Input Taxed – for Whyalla Student Accommodation & Campus Services Residential Invoices (Magill) – note, it is envisaged that this code will not be used. A procedure will be established to ensure (as this code does) that all GST connected with Whyalla Student Accommodation remains a cost of the cost centre (ie there is no refund of GST for Input taxed items). Invoices sent to Accounts Payable must be coded with the appropriate general ledger code and the GST portion will be handled by the system. This amount is refundable to the University by the Tax Office. Invoices requiring break up to multiple general ledger codes must have due regard for the GST contained in the invoice. Gross amounts costed that include GST must contain GST that is exactly 1/11th of the total amount costed. For example: Invoice contains: Taxable items of Free items of Total invoice $110 $50 $160 If there is a 50/50 split, the accounts and amounts to be posted to the general ledger are dissected as: 40 70800 XXXX $55 (T) GST included = $5 40 70800 XXXX $25 (F) 40 70800 YYYY 40 70800 YYYY Total Processed $55 (T) $25 (F) $160 GST included = $5 General Ledger processing 40 70800 XXXX $75 40 70800 YYYY $75 GST Clearing Account $10 Total processed $160 Note: you cannot process $80 (T) and $80(T) – this will give a higher GST refund. You should also note that in order to obtain the GST refund, the University must hold a properly formatted Tax Invoice. The Tax Invoice is the only authority that ensures that a supplier is registered for GST (it is effectively a combination of the words Tax Invoice and their ABN). Schools & Research GuideV5 38 University of South Australia 2 GST Training Guide Petty Cash Petty cash payments may have GST incorporated in the price. Where you identify the Taxable items, the FS14 Petty Cash Reimbursement form should be prepared highlighting the total amount including GST and the total amount without GST, separately (example provided below). You should note that suppliers do not have to provide a Tax Invoice where the taxable amount of the item/s of the invoice is/are less than $55 including GST. As a result you may, in some cases receive an invoice / receipt that does not contain the word Tax Invoice and or properly allow you to identify the taxable supplies. Where this occurs the University may determine if the supplier is registered for GST by: asking the supplier or from past dealings you received a Tax Invoice. Example: Invoice / receipt contains: milk $8.00, biscuits $16.50, coffee $10.00 plain water $5.50 Total $40.00 The FS14 should be prepared as follows: taxable purchases GST free purchases $16.50 (biscuits - where GST is exactly 1/11th of the price) $23.50 (all others) $40.00 When reimbursement of the Petty Cash float is required, the FS3 Expenditure Claim form should be completed in the following manner: cost centre code 40 70800 XXXX Taxable (incl GST) $ 16.50 GST Free $ 23.50 Taxable $ 15.00 $ 1.50 GST Free $ 23.50 General ledger processing: cost centre code 40 70800 XXXX GST clearing Account Totals $38.50 $ 1.50 $40.00 The Australian Competition and Consumer Commission (ACCC) has published material on the taxability of items – on their own web site. www.accc.gov.au under GST Food & Beverage Provisions are also provided herein for reference. Schools & Research GuideV5 39 University of South Australia 3 GST Training Guide Expenditure made through Imprest Accounts and by Credit Card Staff making payment through imprest accounts and credit cards must have due regard to: Payment Withholding Requirements (see separate section), How a Tax Invoice must be formatted in order for the University to claim a refund on any GST paid, and That acquittal of expenditure must be made for relevant cost centres by recording amounts that include GST of exactly 1/11th of the price of those taxable amounts. Eg FS3 Expenditure Claim form should indicate items as follows: cost centre code 40 70800 XXXX Taxable $ 16.50 GST Free $ 23.50 (per example over page) There is no need to show the GST separately. 4 Refunds of items sold which include Tax Refunds of items sold which include Tax must be supported by an Adjustment Note where a Tax Invoice was originally issued. Because the issue of cash sale Tax Invoices may vary, refunds must be referred to the Finance Unit – indicating if the item was taxable. Adjustment Note Requirements Adjustment Notes for a Tax Invoice originally issued under $1000 need only show: Show the word Adjustment Note or Tax Invoice where the refund is shown as a credit to the The name of the supplier The issue date of the Adjustment Note The amount refunded An explanation for the adjustment eg refund The amount of GST included in the refund 5 Journals Journals are usually prepared for internal re-allocations and should be coded with (N) Not Applicable GST code. Journals recording the original entry of income or expense must be coded with the appropriate GST codes. Important Note Correcting journals that effect a change in the original GST code entered must be referred to the Finance Unit for actioning. Schools & Research GuideV5 40 University of South Australia 13 GST Training Guide PAYMENT WITHHOLDING REQUIREMENTS Generally, under Pay As You Go (PAYG) Legislation, where a supplier does not quote an Australian Business Number (ABN), the University must withhold 48.5% of the payment and remit this to the Tax Office to the credit of the supplier. The amount withheld is not a tax in itself. The Commissioner of Taxation holds this amount to the credit of the suppliers tax account. University staff (including Credit Card holders) must only deal with suppliers that: have an ABN, or issue an invoice which is less than $50, or are specifically exempt from withholding requirements, see section ‘6. Exclusions to withholding’ (overseas entity, income tax exempt body, private purpose declaration made etc). Verbal advice from the Tax Office suggests that there is no requirement to withhold from students when making payments for reimbursements of study / research material, a ‘private nature’ declaration should be sought when paying private individuals for sleep research (see 10.11 ). It is important to note that where an ABN is required - obtaining and retaining records of a supplier’s ABN is only the first step in a purchasing transaction. To complete the transaction we must obtain a supplier’s Tax Invoice. Without the Tax Invoice we will lose our right to claim a refund of the GST. That lost refund will be charged to the relevant cost centre. You should also note that it is possible for a supplier to have an ABN but not be registered for GST; in which case an ordinary trade invoice will suffice. A properly formatted Tax Invoice (including the ABN) is our authority that the business is registered for GST. 1 The Australian Business Number The ABN is a unique identifier that will be used with Tax Invoices and for dealings with the Tax Office and other government agencies. For bodies registered under Corporations Law, their ABN will be formed by prefixing two digits to their ACN/ARBN. These entities must have their identity established and go through the normal registration process to obtain their ABN. The ABN will eventually replace the ACN and the ARBN The ABN will be structured as XX XXX XXX XXX 2 Who needs an ABN? An ABN is required by those entities (eg companies, trusts, partnerships and sole-traders) that (a) carry on an enterprise in Australia or (b) in the course or furtherance of carrying on an enterprise, they make supplies that are connected with Australia. All Australian resident entities will carry on an enterprise in Australia or make supplies connected with Australia. Non-residents may require an ABN where they make supplies connected with Australia. This occurs where the entity carries on an enterprise through a permanent establishment. A permanent establishment includes having a branch office or an agent in Australia. Therefore non-resident suppliers do not need to provide you with an ABN unless they have a permanent establishment in Australia. Schools & Research GuideV5 41 University of South Australia GST Training Guide Example 1 If the University order goods for your business from an overseas business; the supplier does not need an ABN and the University does not need to withhold. The University may need to pay GST and customs duty when the goods are imported into Australia. Example 2 The University orders goods from an overseas business. The goods are delivered and their agent in Australia invoices the University. If the agent does not quote their ABN on the invoice or any other document, the University will need to withhold. 3 Contractor v’s Employee The use of an ABN by a contractor (under any legal capacity) will not automatically absolve the University’s responsibility to determine whether the relationship with the contractor for the services provided are really one of a contractor or employee relationship. You should also note that an ABN will be withdrawn by the Australian Business Registrar where it considers that a genuine business is not being carried on, and the arrangements are substantially payment of salary. 4 Requirement to Withhold Generally, where a supplier provides an invoice that does not quote an Australian Business Number (ABN), the University is liable to withhold 48.5% of the payment and remit the amount to the Tax Office, on behalf of the supplier. The supplier is entitled to a full tax credit of the amount withheld on lodgement of their income tax return/s by obtaining Payment Summary forms from the University (Accounts Payable to prepare). Example 1 Cost of purchase Amount withheld Net to supplier $1000 amount to cost centre $ 485 to the Tax Office $ 515 You should note that the liability to withhold remains with the University even if the full amount of the invoice was incorrectly paid to the supplier. The effect of not withholding when required, will be to increase the cost of the supply to the relevant cost centre, ie the University is still liable to the Tax Office for withholding; example: Example 2 Cost of purchase Amount withheld $1000 to supplier $ 485 has to be paid to the Tax Office even though supplier has been paid in full Total cost to cost centre $1485 University staff (including Credit Card holders) must only deal with suppliers that: have an ABN, or issue an invoice which is less than $50, or are specifically exempt from withholding requirements, see section ‘6 Exclusions to withholding’ (overseas entity, income tax exempt body etc). Purchasing staff and credit card holders must obtain and record supplier ABN’s (usually on invoice, but see credit card examples below) before payments are made. Accounts payable will be responsible for processing withholding payments on invoices they receive for payment. Credit card holders will be responsible for ensuring that an ABN is obtained and recorded for credit card transactions. Schools & Research GuideV5 42 University of South Australia GST Training Guide Recovery of amounts withheld where full invoice amount has been paid to the supplier: University staff must refer the matter to The Finance Unit for action. 5 Withholding for Non-cash benefits (Barter) The rules for withholding apply where a non-cash payment is made in lieu of cash and an ABN is not quoted. However, instead of withholding 48.5 per cent of the goods and services, the University need to pay to the Tax Office an amount equal to 48.5 per cent of the market value of the goods and services supplied, before the goods & services are actually supplied. For example: If the University agrees to do consulting work worth $1000 for an advertising business in exchange for $1000 worth of advertising, and the advertising business does not quote their ABN (on supply of advertising), the University must pay an amount of withholding tax of $485 to the Tax Office before our services are rendered. In this situation the University would also become a supplier of consulting services to the advertising business. Unless the University quotes our ABN to the advertising agency, they would also need to pay $485 to the Tax Office before the time they supply the advertising to the University. In this situation, the University is entitled under PAYG legislation to recover the amount withheld from the payee and be required to provide a payment summary form to the advertising agency. University staff must notify Accounts Payable of barter transaction details where suppliers do not quote their ABN. 6 Exclusions to withholding The University does not have to withhold due to a failure to quote an ABN if: The payment does not exceed $50 The whole of the payment is exempt income (exempt from income tax) of the supplier; eg where the supplier is a charity, or non income taxable government body or a non resident / overseas entity the payment represents an expense payment benefit (ie a reimbursement of an expense, but not an allowance to an employee (as this would come under payroll withholding) and special employee allowances, such as living-away-from-home) The payee has made a written, signed statement that the supply is private or domestic in nature or relates to a hobby eg a ‘private nature’ declaration should be sought when paying private individuals for sleep research. Also note; verbal advice from the Tax Office suggests that there is no requirement to withhold from students when making payments for reimbursements of study / research material. Schools & Research GuideV5 43 University of South Australia 7 Withholding for transactions that were initiated before 1 July 2000 If the transaction is fully paid for and the supply is fully received before 1 July 2000, Pay As You Go withholding does not apply. Otherwise, it depends on when the University pays for the goods or services and when they are supplied. The table below summarises: Paid in full before 1 July 2000 Supply received in full before 1 July 2000 Yes Yes No No 8 GST Training Guide Yes No Yes No Withholding if no ABN quoted by supplier? No No No Yes Credit Card Transactions (Telephone and Internet) Because credit card transactions and payments made over the telephone and Internet occur at the same time, it is important to make sure that we are dealing with suppliers that have an ABN. The government is considering guidelines in respect of credit card transactions, particularly where telephone and Internet charges are made. The Tax Office’s Tax Reform web site provides the following questions and answers to deal with obtaining quotes of ABNs: 8.1 I order some supplies by credit card over the phone. What do I do? A: Before placing the order, ask the supplier for their ABN. Make a record of it and keep it with any other documents that relate to the supply. Documentation must be retained with credit card reconciliation forms. If the supplier does not have an ABN, the University will need to withhold. Do not authorise the supplier to charge the whole amount to your credit card. University staff should not deal with a supplier that does not quote an ABN(especially by credit card ) 8.2 I order supplies over the Internet. What do I do? A: If the supplier is based in Australia, you will need their ABN, otherwise you will have to withhold. If they have displayed their ABN on their web site, you can record it and keep it with the record of the transaction. If the supplier is not carrying on an enterprise in Australia (does not have a permanent establishment in Australia eg branch office or agent in Australia), they will not need to quote an ABN and you will not need to withhold from payments you make to them. 9 Reimbursement of Employee Expenses Where an employee purchases an item (good or service) and the University reimburses the employee for the University related expenditure (University then takes possession of the invoice), the onus is on the employee to have correctly withheld amounts from the original supplier who did not quote an ABN. The University is not required to withhold tax from the reimbursement to the employee. The ATO has stated that the employee is required to withhold when purchasing for business use. As a result employees should only deal with suppliers that quote an ABN. The vast majority of suppliers will have ABN’s eventually. Schools & Research GuideV5 44 University of South Australia 10 GST Training Guide Tax Office’s Tax Reform web site questions and answers in obtaining quotes of ABNs: 10.1 Can documents quoting an ABN, other than invoices, be acceptable? A: Yes. The document must relate to the supply. Some examples are: a quotation notice which formed the basis of the supply being accepted an invoice you created because the supplier did not give you one (Recipient Created Tax Invoices) renewal notices, such as for insurance, motor vehicle registration and magazine subscriptions an order form contracts or lease documents, and catalogues, magazines or other promotional material. 10.2 Do the documents quoting an ABN have to be in paper form? A: The documents may be in electronic form but must be able to be related to the supply. 10.3 I order some supplies from catalogues or other promotional material. Is quotation of an ABN in the promotional document sufficient? A: Yes. The document must relate to the supply and you must keep a copy. If you also receive an invoice which has the supplier's ABN you do not have to keep the catalogue or magazine as well. 10.4 I use regular suppliers for a lot of my supplies. Do I have to make sure that every invoice I receive from them has an ABN? A: No. Regular suppliers can give you a periodic quotation of their ABN which covers all the supplies they make to your business for a specified period, such as a financial year. You must keep records that can verify the supplier, the supplier's ABN and the payments made in relation to the supplies. At least once a year you should check that the ABN quotation is correct and up to date. 10.5 I have a two-year lease agreement. Is it sufficient for the lessor's ABN to be quoted on the lease agreement? A: Yes. If the lease agreement document states the lessor's ABN you will not need to withhold from lease payments. 10.6 Am I responsible for ensuring that a supplier's quoted ABN is correct? A: Not usually. In general, if the ABN quotation looks reasonable to you, you can accept it. However, if you have reason to suspect that it might not be genuine or that it does not belong to the supplier who quoted it, you should check it out. Things that may alert you include: Wrong configuration. An ABN has 11 digits, or 14 if it belongs to a branch of a larger business. There are no letters Sequential numbers, repeating numbers or unusual number patterns. Invoice details do not match the details of the person you believed was supplying you or the type of supplies you are receiving. You will be able to check an ABN by using the Australian Business Register, which provides details of the names and addresses of suppliers holding valid ABNs. To use the register, call 13 72 26. Schools & Research GuideV5 45 University of South Australia GST Training Guide If the ABN quoted on the invoice is not valid or the details do not match the supplier, you should withhold 48.5 per cent of the payment. Finance One will maintain records of ABNs, which can be viewed to check a suppliers ABN, however this is only current to the last update, based on previous invoices or other advice. 10.7 My supplier has provided an ABN differing from one on a previous invoice. What should I do? A: Check with the supplier, who may have several different enterprises and has accidentally quoted the wrong ABN. Check the validity of the ABN with the Australian Business Register (or Finance One). If the ABN does not belong to the supplier then you must withhold 48.5 per cent of the payment. 10.8 Do I have to get an ABN or withhold for small amounts? A: No. When the payment for the full supply is $50 or less, exclusive of GST, you do not have to get an invoice with an ABN or withhold. Similarly, tax invoices are not required if the GSTexclusive value of the supply is $50 or less. However, you should have evidence such as cheque butts and purchase orders to support claims for input tax credits relating to these supplies. You cannot avoid having to withhold by breaking down a larger supply into $50 amounts, but a series of small supplies of under $50 would not require withholding where no ABN was quoted. Examples You have your shop sign painted. The painter invoices you for $100 and does not have an ABN. You cannot turn this into two $50 transactions and avoid withholding. You have flowers delivered for your public office once a week and you are invoiced $40 each time. As these are separate transactions, you would not need to withhold if the florist does not quote an ABN. 10.9 Do I have to withhold when the supplier is a charity? A: You do not have to withhold where a charity provides some evidence that its income is exempt from taxation. This may be in the form of an ABN or a copy of the charity's notice from the Commissioner of Taxation. If the charity provides you with a copy of its notice from the Commissioner of Taxation you should keep it with your transaction records so that you can show why you did not withhold. You should note that Charities are non-profit entities and exist for public benefit or the relief of poverty. This includes education, research & science, culture, health, religion, aged, defence, unemployment and youth etc A Non-profit entity is an organisation that cannot distribute profits or assets to members while it is operating or on winding up, either directly or indirectly. Schools & Research GuideV5 46 University of South Australia 10.10 GST Training Guide If a supply is for personal, not business use, do I have to withhold if the supplier does not quote their ABN? A: Not if you are an individual and the supply is not for your business purposes. For example, if you buy a bar refrigerator from another business to use at home, you will not need to withhold if the other business does not quote its ABN. However, if your business is a partnership, company or trust, and you buy the refrigerator through your business, this exception will not apply. You will have to withhold if the supplier does not quote their ABN. 10.11 My supplier claims a supply is not a business transaction for them. Do I still have to withhold if the supplier does not quote an ABN? A: You do not need to withhold when no ABN is quoted if: The supplier is an individual (not in business as a partnership, company or trust). The supply, for the supplier, is private or domestic. For example, when another business person sells to your business a second-hand computer which has only been used at home by the supplier for private purposes and is not part of their trading stock or business equipment. The supply is made as part of a private recreational pursuit or hobby. For example, when you buy a picture to hang in your public business office from an artist who paints as a hobby. In these cases, the supplier should provide you with a written statement. A form for this will be available from the ATO soon, or suppliers can create their own. It should contain: the supplier's name and address a statement that the supply is either private or domestic, or part of a hobby or private recreational pursuit and that therefore they do not need to quote an ABN and you do not need to withhold from your payment to them, and the supplier's signature. The statement can be on the invoice. If it is separate, you must be able to link it to your transaction records so that you can show why you did not withhold. If you suspect that the statement is false you must withhold from the payment if the supplier does not quote their ABN. 10.12 My supplier claims that payment for a supply is exempt from income tax. Do I need to withhold if they do not quote an ABN? A: You do not have to withhold from payments to suppliers whose income is exempt from tax. Common types of income tax exempt bodies include: religious institutions schools, pre-schools, colleges, universities and other public educational institutions community service organisations, such as sports clubs, community centres, youth groups, community arts or theatres and other associations that have community service purposes, and public hospitals and non-profit private hospitals. Schools & Research GuideV5 47 University of South Australia GST Training Guide The supplier should provide you with a statement. A form will be available from the ATO soon, or suppliers can create their own. It should contain: the name and address of the organisation the type of organisation, such as school, sports club or religious body a statement that its income is exempt from tax under subdivision 50A of the Income Tax Assessment Act 1997, and that therefore it does not need to quote an ABN and you do not need to withhold from your payment, and the signature of an appropriate office holder. The statement can be on the invoice. If separate, keep the statement with your transaction records so you can show why you did not withhold. If you suspect the statement is false, you must withhold 48.5 per cent from the payment if the supplier does not quote their ABN. The supplier does not need to provide proof of the income tax exempt status of the payment. You can accept the statement unless you have reasonable grounds to believe it is false, in which case you must withhold if no ABN is quoted. 10.13 My supplier claims that they are not carrying on an enterprise, and do not need an ABN. Do I have to withhold from payments to them? A: You do not have to withhold from a supplier who is not carrying on an enterprise. The definition of enterprise is very broad and most activities that are not private or domestic or private recreational pursuits or hobbies would be enterprises. However, some activities may not be considered to be an enterprise and the operator would not be entitled to an ABN. Such activities are usually quite small and may be operated from home. In these cases the supplier should provide you with a copy of a notice from the Registrar of the Business Register, currently the Commissioner of Taxation, stating that their activities are not considered to be an enterprise. You should keep a copy of this notice with your transaction records so you can show why you did not withhold. 10.14 I often buy second-hand goods for use in my business and business premises. What do I need to do? A: If you are buying goods from a second-hand dealer they must provide you with an ABN. If you are buying goods from a garage sale and it is obvious that the sellers are not carrying on an enterprise you are not required to get a statement from them but you should note the circumstances of the purchase in your records. 10.15 My company is part of a corporate group. Do we have to get an ABN every time we pay another group member for supplies? A: No. As long as every member of the group keeps a register of the ABN of all the other members that supply it and is able to link each transaction to the correct ABN, you will not need to have the ABN quoted with each transaction. Schools & Research GuideV5 48 University of South Australia 14 GST Training Guide EXPORT PROVISIONS Contents: 1. Supplies of things, other than Goods or Real Property, for consumption outside Australia; 2. Exports of Goods; and 3. Lease etc. of Goods used outside Australia. 4. Tooling used by non-residents to manufacture goods for export 1. SECT 38-190 Supplies of things, other than goods or real property, for consumption outside Australia (1) The third column of this table sets out supplies that are GST-free (except to the extent that they are supplies of goods or *real property): [If any of the items listed below is met, the supply or transaction will be GST free – subject to subsection (2), (3) and (4)] Supplies of things, other than goods or real property, for consumption outside Australia These supplies are GST-free (except to the extent that they Item Topic are supplies of goods or *real property)... 1 Supply a supply that is directly connected with goods or real property connected with situated outside Australia. property outside Australia 2 Supply to *non- a supply that is made to a *non-resident who is not in Australia resident outside when the thing supplied is done, and: Australia. (a) the supply is neither a supply of work physically performed on goods situated in Australia when the work is done nor a supply directly connected with *real property situated in Australia; or (b) the *non-resident acquires the thing in *carrying on the nonresident's *enterprise, but is not *registered or *required to be registered. 3 Supplies used or a supply: enjoyed outside (a) that is made to a *recipient who is not in Australia when the Australia thing supplied is done; and (b) the effective use or enjoyment of which takes place outside Australia; other than a supply of work physically performed on goods situated in Australia when the thing supplied is done, or a supply directly connected with *real property situated in Australia. 4 Rights a supply that is made in relation to rights if: (a) the rights are for use outside Australia; or (b) the supply is to an entity that is not an *Australian resident and is outside Australia when the thing supplied is done. 5 Export of a supply that is constituted by the repair, renovation, modification services used to or treatment of goods from outside Australia whose destination is repair etc. outside Australia. imported goods Schools & Research GuideV5 49 University of South Australia GST Training Guide (2) However, a supply covered by any of items 1 to 5 in the table in subsection (1) is not GSTfree if it is the supply of a right or option to acquire something the supply of which would be *connected with Australia and would not be *GST-free. (3) Without limiting subsection (2), a supply covered by item 2 in that table is not GST-free if: (a) it is a supply under an agreement entered into, whether directly or indirectly, with a *non-resident; and (b) the supply is provided, or the agreement requires it to be provided, to another entity in Australia. (4) A supply is taken, for the purposes of item 3 in that table, to be a supply made to a *recipient who is not in Australia if: (a) it is a supply under an agreement entered into, whether directly or indirectly, with an *Australian resident; and (b) the supply is provided, or the agreement requires it to be provided, to another entity outside Australia. [Please note that membership fees and subscription services are considered rights and therefore will be GST free. However if a subscription is issued for goods eg journals / magazines they will be taxable unless the goods are exported within 60 days of the earlier of receipt of money or invoice. The University must apply to the Tax Commissioner for variation to the 60day rule.] Schools & Research GuideV5 50 University of South Australia 2. GST Training Guide SECT 38-185 Exports of goods (1) The third column of this table sets out supplies that are GST-free: GST-free exports of goods Item Topic 1 Export of goods— general 2 Export of goods— supplies paid for by instalments 3 Export of aircraft or ships 4 Export of aircraft or ships—paid for by instalments 5 Export of goods that are to be consumed on international flights or voyages 6 Export of goods used to repair etc. imported goods 7 Goods exported by travellers as accompanied baggage Schools & Research GuideV5 These supplies are GST-free ... a supply of goods, but only if the supplier exports them from Australia before, or within 60 days (or such further period as the Commissioner allows) after: (a) the day on which the supplier receives any of the *consideration for the supply; or (b) if, on an earlier day, the supplier gives an *invoice for the supply—the day on which the supplier gives the invoice. a supply of goods for which the *consideration is provided in instalments under a contract that requires the goods to be exported, but only if the supplier exports them from Australia before, or within 60 days (or such further period as the Commissioner allows) after: (a) the day on which the supplier receives any of the final instalment of the consideration for the supply; or (b) if, on an earlier day, the supplier gives an *invoice for that final instalment—the day on which the supplier gives the invoice. a supply of an aircraft or *ship, but only if the recipient of the aircraft or ship exports it from Australia under its own power within 60 days (or such further period as the Commissioner allows) after taking physical possession of it. a supply of an aircraft or *ship for which the *consideration is provided in instalments under a contract that requires the aircraft or ship to be exported, but only if the *recipient exports it from Australia before, or within 60 days (or such further period as the Commissioner allows) after, the earliest day on which one or more of the following occurs: (a) the supplier receives any of the final instalment of the consideration for the supply; (b) the supplier gives an *invoice for that final instalment; (c) the supplier delivers the aircraft or ship to the recipient or (at the recipient's request) to another person. a supply of: (a) *aircraft's stores, or spare parts, for use, consumption or sale on an aircraft on a flight that has a destination outside Australia; or (b) *ship's stores, or spare parts, for use, consumption or sale on a *ship on a voyage that has a destination outside Australia; whether or not part of the flight or voyage involves a journey between places in Australia. a supply of goods in the course of repairing, renovating, modifying or treating other goods from outside Australia whose destination is outside Australia, but only if: (a) the goods are attached to, or become part of, the other goods; or (b) the goods become unusable or worthless as a direct result of being used to repair, renovate, modify or treat the other goods. a supply of goods to a *relevant traveller, but only if: (a) the supply is made in accordance with the rules specified in the regulations; and (b) the goods are exported as accompanied baggage of the relevant traveller. 51 University of South Australia (2) GST Training Guide However, a supply covered by any of items 1 to 6 in the table in subsection (1) is not GSTfree if the supplier reimports the goods into Australia. (3) Without limiting items 1 and 2 in the table in subsection (1), a supplier of goods is treated, for the purposes of those items, as having exported the goods from Australia if: (a) before the goods are exported, the supplier supplies them to an entity that is not *registered or *required to be registered; and (b) that entity exports the goods from Australia; and (c) the goods have been entered for export within the meaning of section 113 of the Customs Act 1901; and (d) since their supply to that entity, the goods have not been altered or used in any way, except to the extent (if any) necessary to prepare them for export; and (e) the supplier has sufficient documentary evidence to show that the goods were exported. However, if the goods are reimported into Australia, the supply is not GST-free unless the reimportation is a taxable importation. Schools & Research GuideV5 52 University of South Australia 3. GST Training Guide SECT 38-187 Lease etc. of goods for use outside Australia A supply of goods is GST-free if: (a) the supply is by way of lease or hire; and (b) the goods are used outside Australia. Note: If goods are leased or hired and used partly in Australia and partly outside Australia, the supply could be taxable to the extent that the goods are used in Australia (see section 9-5). 4. SECT 38-188 Tooling used by non-residents to manufacture goods for export A supply of goods is GST-free if: (a) the *recipient of the supply is a *non-resident, and is not *registered or *required to be registered; and (b) the goods are jigs, patterns, templates, dies, punches and similar machine tools to be used in Australia solely to manufacture goods that will be for export from Australia. Schools & Research GuideV5 53 University of South Australia 15 GST Training Guide FOOD AND BEVERAGE PROVISIONS Schedule 1—Food that is not GST-free 1 Food that is not GST-free Food specified in the third column of the table is not GST-free. Food that is not GST-free Item Category Food 1 Prepared food quiches 2 sandwiches (using any type of bread or roll) 3 pizzas, pizza subs, pizza pockets and similar *food *food marketed as a prepared meal, but not including soup 4 5 6 platters etc. of cheese, cold cuts, fruit or vegetables and other arrangements of *food hamburgers, chicken burgers and similar *food 7 hot dogs 8 Confectionery confectionery, *food marketed as confectionery, food marketed as ingredients for confectionery or food consisting principally of confectionery 9 popcorn 10 confectionery novelties *food known as muesli bars or health food bars, and similar 11 foodstuffs 12 crystallised fruit, glace fruit and drained fruit 13 crystallised ginger and preserved ginger 14 edible cake decorations 15 Savoury snacks potato crisps, sticks or straws, corn crisps or chips, bacon or pork crackling or prawn chips 16 seeds or nuts that have been processed or treated by salting, spicing, smoking or roasting, or in any other similar way 17 18 caviar and similar fish roe *food similar to that covered by item 15 or 16, whether or not it 19 consists wholly or partly of any vegetable, herb, fruit, meat, seafood or dairy product or extract and whether or not it is artificially flavoured *food consisting principally of food covered by items 15 to 18 20 Bakery products cakes, slices, cheesecakes, pancakes, waffles, crepes, muffins and puddings 21 pavlova and meringues 22 pies (meat, vegetable or fruit), pasties and sausage rolls 23 tarts and pastries 24 doughnuts and croissants 25 pastizzi, calzoni and brioche 26 scones and scrolls 27 bread (including buns) with a sweet filling or coating Schools & Research GuideV5 54 University of South Australia GST Training Guide Food that is not GST-free Item Category Food 28 Ice-cream food ice-cream, ice-cream cakes, ice-creams and ice-cream substitutes 29 frozen confectionery, frozen yoghurt and frozen fruit products (but not frozen whole fruit) 30 flavoured iceblocks (whether or not marketed in a frozen state) any *food similar to food listed in items 28 to 30 31 32 Biscuit goods *food that is, or consists principally of, biscuits, cookies, crackers, pretzels, cones or wafers 2 Prepared food, bakery products and biscuit goods For the purpose of determining whether particular *food is covered by any of the items in the table relating to the category of prepared food, bakery products or biscuit goods, it does not matter whether it is supplied hot or cold, or requires cooking, heating, thawing or chilling prior to consumption. 3 Prepared meals Item 4 in the table only applies to *food that requires refrigeration or freezing for its storage. 4 Candied peel None of the items in the table relating to the category of confectionery include candied peel. 5 Goods that are not biscuit goods None of the items in the table relating to the category of biscuit goods include: (a)breakfast *food consisting principally of compressed, rolled or flattened cereal; or (b)rusks for infants or invalids, or goods consisting principally of those rusks. Schools & Research GuideV5 55 University of South Australia GST Training Guide Schedule 2—Beverages that are GST-free 1 Beverages that are GST-free Beverages specified in the third column of the table are GST-free. Beverages that are GST-free Item Category Beverages 1 Milk products any of the following products: (a) milk, skim milk or buttermilk (whether liquid, powdered, concentrated or condensed); (b) casein; (c) whey, whey powder or whey paste *beverages consisting of products referred to in item 1 (or a 2 combination of those products), to the extent of at least 95%, but not including flavoured beverages 3 4 Soy milk and rice milk 5 Tea, coffee etc. lactose *beverages consisting principally of soy milk or rice milk, but not including flavoured beverages tea (including herbal tea, fruit tea, ginseng tea and other similar *beverage preparations), coffee and coffee essence, chicory and chicory essence, and malt 6 malt extract, if it is marketed principally for drinking purposes 7 preparations for drinking purposes that are marketed principally as tea preparations, coffee preparations, or preparations for malted *beverages 8 preparations marketed principally as substitutes for preparations covered by item 6 or 7 9 dry preparations marketed for the purpose of flavouring milk 10 Fruit and vegetable juices concentrates for making non-alcoholic *beverages, if the concentrates consist of at least 90% by volume of juices of fruits non-alcoholic carbonated *beverages, if they consist wholly of juices of fruits or vegetables non-alcoholic non-carbonated *beverages, if they consist of at least 11 12 13 Beverages for infants or invalids 14 Water 90% by volume of juices of fruits or vegetables *beverages, and ingredients for beverages, of a kind marketed principally as *food for infants or invalids natural water, non-carbonated and without any other additives 2 Tea, coffee etc. None of the items in the table relating to the category of tea, coffee etc. include any *beverage that is marketed in a ready-to-drink form. 3 Fruit and vegetable juices For the purposes of items 11 and 12 in the table, herbage is treated as vegetables. Schools & Research GuideV5 56 University of South Australia 16 GST Training Guide TRANSITIONAL RULES Under GST transitional rules, contracts signed before 8 July 1999 are GST free if certain conditions are met, even if the supply is partially or fully performed after 30 June 2000. This depends on whether the contract: is non-reviewable or reviewable is with a buyer who would be entitled to full input tax credits (refunds of GST paid on purchases) A non-reviewable contract is one where the consideration or price paid for the supply is fixed or is to be calculated according to some prescribed formula and cannot be varied or reviewed by either party to the agreement. It may contain specific provisions that the contracted price does not include GST. A reviewable contract is one that allows for a 'review opportunity'. A review opportunity in a contract means an opportunity for the supplier to change the price because of a general review or renegotiation of the price (this includes a change of scope of the contract) or to incorporate the GST itself (ie usually contract clauses enable the supplier to pass on Australian rates and taxes – this will include GST, therefore causing a review under the contract for GST purposes). Full input tax credits (refunds of GST paid on purchases) are only available where the funding entity is registered for GST. Almost all Australian based funding bodies will be registered for GST. The following contract (research grants, leases licences and royalties) are GST free, even though there is a supply after 30 June 2000: Contracts entered into before 2 December 1998. Non reviewable: 5. Contracts paid in full before 2 December 1998 are GST free for the life of the contract. 6. Contracts paid in full on or after 2 December 1998 are GST free until 1 July 2005. Reviewable: 7. Contracts paid in full before 2 December 1998 are GST free until first review opportunity 8. Contracts paid in full on or after 2 December 1998 are GST free until the first review opportunity or 1 July 2005, whichever is the earlier. Contracts entered into on or after 2 December 1998 and before 8 July 1999. If the recipient is entitled to full input tax credit: Non reviewable: 4. GST free until 1 July 2005 Reviewable: 5. Contracts paid in full before 2 December 1998 are GST free until first review opportunity 6. Contracts paid in full on or after 2 December 1998 are GST free until the first review opportunity or 1 July 2005, whichever is the earlier. Important You should note that in most (if not all) cases under contract, whether or not GST applies, the payer will always receive a refund for the GST paid. If the University charges GST incorrectly, the payer will still be entitled to a refund. This applies similarly if the University pays GST when not required. The impact therefore on incorrect charging or payment rests with cash flow and loss of interest earnings. Schools & Research GuideV5 57 University of South Australia GST Training Guide TRANSITIONAL RULES FOR CONTRACTS Schools & Research GuideV5 58 University of South Australia Schools & Research GuideV5 GST Training Guide 59