Goods and Services Tax: Particular Attribution Rules Determination (No. 28) 2016 for Prepayments of Telephone Services (Cth)

Legislative Instrument

Goods and Services Tax: Particular Attribution Rules Determination (No. 28) 2016 for Prepayments of Telephone Services

I, Timothy Dyce, Deputy Commissioner of Taxation, make this determination under subsection 29-25(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), being satisfied under paragraph 29-25(2)(b) of the GST Act that it is necessary to prevent the provisions of Division 29 and Chapter 4 applying in a way that is inappropriate in circumstances involving prepayment for a taxable supply of telephone services before the use or enjoyment of that telephone services occurs.

Timothy Dyce Deputy Commissioner of Taxation Dated: 24 February 2016

Name of determination

1. This determination is the Goods and Services Tax: Particular Attribution Rules Determination (No. 28) 2016 for Prepayments of Telephone Services.

Commencement

2. This determination commences on the day after registration.

Repeal of previous determination

3. A New Tax System (Goods and Services Tax) Act 1999 (particular attribution rules for prepayments for telephone supplies) Determination (No. 1) 2001 (the pervious determination)- F2006B00166, registered on 18 January 2006, is repealed on the commencement of this determination

Determination (Who is covered by this determination)

4. This determination applies to a telecommunications provider who

(a) does not account on a cash basis; and

(b) receives a prepayment for a taxable supply of telephone services.

Particular attribution rule for GST payable on a prepayment for taxable supply of telephone services

5. The GST payable on a prepayment of a taxable supply of telephone services is attributable to:

(a) if an invoice is issued in relation to that supply - the tax period in which that invoice is issued; or