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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (GST
Integrity) Bill 2017
No. , 2017
(Treasury)
A Bill for an Act to amend the laws relating to
taxation, and for related purposes
No. , 2017
Treasury Laws Amendment (GST Integrity) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--GST and valuable metals
3
A New Tax System (Goods and Services Tax) Act 1999
3
No. , 2017
Treasury Laws Amendment (GST Integrity) Bill 2017
1
A Bill for an Act to amend the laws relating to
1
taxation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Treasury Laws Amendment (GST Integrity) Act
5
2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Treasury Laws Amendment (GST Integrity) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
GST and valuable metals Schedule 1
No. , 2017
Treasury Laws Amendment (GST Integrity) Bill 2017
3
Schedule 1--GST and valuable metals
1
2
A New Tax System (Goods and Services Tax) Act 1999
3
1 Section 9-69 (at the end of the table)
4
Add:
5
6
6
Valuable metals
Division 86
2 Section 9-99 (after table item 8)
7
Insert:
8
9
8A
Valuable metals
Division 86
3 Section 37-1 (after table item 36A)
10
Insert:
11
12
36AA
Valuable metals
Division 86
4 Paragraph 58-10(2)(b)
13
After "section 84-5", insert "or 86-5".
14
5 Subsection 58-10(6)
15
Omit "and 84-10", substitute ", 84-10 and 86-5".
16
6 After Division 85
17
Insert:
18
Division 86--Valuable metals
19
86-1 What this Division is about
20
The GST on taxable supplies of goods consisting wholly or partly
21
of valuable metal can be "reverse charged" to the recipients.
22
Schedule 1 GST and valuable metals
4
Treasury Laws Amendment (GST Integrity) Bill 2017
No. , 2017
86-5 "Reverse charge" on supplies of goods consisting of valuable
1
metal
2
(1) The GST on a
*
taxable supply of goods is payable by the
*
recipient
3
of the supply, and is not payable by the supplier, if:
4
(a) the goods consist wholly or partly of
*
valuable metal; and
5
(b) the recipient is
*
registered or
*
required to be registered; and
6
(c) either:
7
(i) at the time of the supply, the market value of the goods
8
does not exceed the
*
valuable metal threshold; or
9
(ii) the supplier and the recipient agree, in writing, that the
10
GST on the supply be payable by the recipient.
11
(2) Subsection (1) does not apply to a
*
taxable supply of goods if the
12
supply is in a class of supplies determined under subsection (3).
13
Determination
14
(3) For the purposes of subsection (2), the Commissioner may, by
15
legislative instrument, determine that subsection (1) does not apply
16
to a specified class of supplies.
17
(4) In making a determination under subsection (3), the Commissioner
18
may have regard to the following:
19
(a) the likelihood that
*
recipients and suppliers of that class of
20
supply will otherwise comply with their obligations under the
21
*
GST law, and the risk of GST not being paid on
*
taxable
22
supplies in that class if recipients do not pay the GST;
23
(b) the costs for recipients and suppliers of that class of supplies
24
to comply with subsection (1);
25
(c) any other relevant matters.
26
Effect of this section on other sections
27
(5) This section has effect despite sections 9-40 (which is about
28
liability for the GST), 48-40, 51-30 and 83-5 (which are about who
29
is liable for GST).
30
GST and valuable metals Schedule 1
No. , 2017
Treasury Laws Amendment (GST Integrity) Bill 2017
5
86-10 The valuable metal threshold
1
(1) The market value of goods consisting wholly or partly of
*
valuable
2
metal exceeds the valuable metal threshold at a time if, at that
3
time:
4
(a) unless paragraph (b) applies--the market value of the goods
5
exceeds the market value of the valuable metal in the goods
6
by at least the specified percentage (see subsection (4)); or
7
(b) if the goods consist of goods (separate goods), each of
8
which:
9
(i) consist wholly or partly of valuable metal; and
10
(ii) can be separately supplied;
11
the market value of each of the separate goods exceeds the
12
market value of the valuable metal in those particular
13
separate goods by at least the specified percentage.
14
Market value of goods and valuable metal
15
(2) For the purposes of subsection (1), the market value of goods or
16
*
valuable metal in goods:
17
(a) is to be worked out disregarding any amount of GST:
18
(i) that is payable on the supply of the goods or metal; or
19
(ii) if there is no supply of valuable metal--that would be
20
payable if there were a supply of valuable metal; and
21
(b) either:
22
(i) unless subparagraph (ii) applies--is the market value of
23
the goods or metal within the ordinary meaning of the
24
expression; or
25
(ii) if the Commissioner has determined under
26
subsection (3) one or more methods for working out the
27
market value of goods or metal--the market value of
28
the goods or metal worked out using any one of those
29
methods.
30
(3) The Commissioner may, by legislative instrument, determine one
31
or more methods of working out the market value of goods or
32
*
valuable metal for the purposes of subparagraph (2)(b)(ii).
33
Specified percentage
34
(4) For the purposes of subsection (1), the specified percentage is:
35
Schedule 1 GST and valuable metals
6
Treasury Laws Amendment (GST Integrity) Bill 2017
No. , 2017
(a) if the Minister determines a percentage under
1
subsection (5)--that percentage; or
2
(b) otherwise--10%.
3
(5) The Minister may, by legislative instrument, determine a
4
percentage for the purposes of paragraph (4)(a).
5
Effect of section
6
(6) To avoid doubt, this section does not affect how goods that consist
7
of goods that can be separately supplied are otherwise treated for
8
the purposes of this Act.
9
86-15 Recipients who are members of GST groups
10
(1) If section 86-5 applies to a
*
taxable supply but the
*
recipient of the
11
supply is a
*
member of a
*
GST group, the GST on the supply:
12
(a) is payable by the
*
representative member; and
13
(b) is not payable by the member (unless the member is the
14
representative member).
15
(2) This section has effect despite sections 48-40, 51-30 and 86-5
16
(which are about who is liable for GST).
17
86-20 Recipients who are participants in GST joint ventures
18
(1) If section 86-5 applies to a
*
taxable supply but the
*
recipient of the
19
supply is a
*
participant in a
*
GST joint venture and the supply is
20
made, on the recipient's behalf, by the
*
joint venture operator of
21
the GST joint venture in the course of activities for which the joint
22
venture was entered into, the GST on the supply:
23
(a) is payable by the joint venture operator; and
24
(b) is not payable by the participant.
25
(2) This section has effect despite sections 48-40, 51-30 and 86-5
26
(which are about who is liable for GST).
27
86-25 The amount of GST on "reverse charged" supplies of goods
28
consisting of valuable metal
29
(1) The amount of GST on a supply to which section 86-5, 86-15 or
30
86-20 applies is 10% of the
*
price of the supply.
31
GST and valuable metals Schedule 1
No. , 2017
Treasury Laws Amendment (GST Integrity) Bill 2017
7
(2) This section has effect despite section 9-70 (which is about the
1
amount of GST on taxable supplies).
2
7 Section 188-23 (heading)
3
Repeal the heading, substitute:
4
188-23 Supplies "reverse charged" under Division 83 or 86 not to be
5
included in a recipient's GST turnover
6
8 Section 188-23
7
After "Division 83", insert "or 86".
8
9 Section 195-1
9
Insert:
10
incidental valuable metal goods means goods:
11
(a) acquired for the purposes of sale or exchange (but not for
12
manufacture) in the ordinary course of
*
business; and
13
(b) that consist wholly or partly of
*
valuable metal; and
14
(c) in relation to which any of the following applies:
15
(i) the goods are collectables or antiques, and the goods are
16
not
*
precious metals;
17
(ii) at the time of the acquisition, the market value of the
18
goods exceeds the
*
valuable metal threshold;
19
(iii) the goods are in a class determined by the Minister, by
20
legislative instrument, for the purposes of this
21
subparagraph.
22
10 Section 195-1 (paragraphs (a) and (b) of the definition of
23
second-hand goods)
24
Repeal the paragraphs, substitute:
25
(a) goods (except
*
incidental valuable metal goods) to the extent
26
that they consist of
*
valuable metal; or
27
11 Section 195-1
28
Insert:
29
valuable metal means:
30
(a) gold, silver or platinum; or
31
Schedule 1 GST and valuable metals
8
Treasury Laws Amendment (GST Integrity) Bill 2017
No. , 2017
(b) any other substance specified for the purposes of
1
paragraph (d) of the definition of precious metal in this
2
section.
3
valuable metal threshold has the meaning given by section 86-10.
4
12 Application
5
(1)
Division 86 of the A New Tax System (Goods and Services Tax) Act
6
1999, as inserted by this Schedule, applies in relation to supplies of
7
goods made on or after 1 April 2017.
8
(2)
The amendment of the definition of second-hand goods in
9
section 195-1 of the A New Tax System (Goods and Services Tax) Act
10
1999 made by this Schedule applies in relation to goods acquired on or
11
after 1 April 2017.
12
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