ATO Private Rulings – June 2012

In June 2012 over 40 private rulings dealing with GST issues were published on the Rulings Register.

Taxable supply

  • GST and the supply of website advertising space – whether the supply made by an Australian company of advertising space is the supply of rights or the supply of services – whether the supply of advertising space GST-free pursuant to item 2(a) in the table in s 38-190(1) of the GST Act
  • GST and compensation payments – whether landholder makes a taxable supply when it receives compensation payments
  • GST and taxable supplies – whether X (the owner of land) is making a taxable supply by entering into a tripartite agreement with A and B where A is required to complete a range of works to the assets of B situated on X’s land which is subject to an easement – whether payment in the nature of compensation
  • GST and supply of licence – whether the supply of a licence as ‘in specie’ repayment of a loan a taxable supply
  • GST and a commercial activity – whether commercial activities of charitable entity for an annual payment of less than $150,000 taxable
Creditable acquisitions
  • GST and sale of rent roll – whether the purchase of a rent roll enterprise a creditable acquisition
  • Goods and Services Tax and Reduced Credit Acquisitions – whether A entitled to RITC under item 11 of sub regulation 70-5.02(2) of the GST Regulations for the acquisition of introduction and brooking services
  • GST and reduced input tax credits – whether entitled to RITC under item 27 in sub regulation 70-05.02(2) of the GST Regulations for the acquisition from merchants of services relating to the ongoing operability of ATMs located on merchant’s premises
  • GST and entitlement to input tax credits – whether A entitled to a full input tax credit for its acquisition of commercial property – where A representative member of GST group whose core business involves the financial services to members

Real Property

GST free supplies

GST and refunds

  • Refund of GST – whether notification of entitlement to GST refund satisfies the requirements of s 105-55 of Schedule 1 to the TAA,vwhether the Commissioner will exercise discretion in s 105-65 to pay GST refund where GST incorrectly included in the price of a non-taxable supply
  • Refund of GST – whether Commissioner will exercise discretion under s 105-65 of Schedule 1 to the TAA where applicant incorrectly included GST in the price of a non-taxable supply and has not reimbursed the recipients of the supply
  • Entitlement to refund of GST – whether Commissioner will refund GST overpaid on products mistakenly treated as taxable – where price set by reference to competitors prices in GST-free market
  • Refund of GST – whether the Commissioner will exercise his discretion under s 105-65 of Schedule 1 to the TAA where GST incorrectly included in the price of a mixed supply – whether overpayment of GST occurred as a result of an arithmetic or recording error

Other

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