Location, location, location - Where are rights for use?
Source: Taxation In Australia Journal Article
Published Date: 1 Jun 2014
A “supply in relation to rights for use outside Australia” is GST-free under item 4(a) of the table in s 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999. Since the High Court decision in Travelex Ltd in 2010, the issue of whether particular supplies of rights are for use outside Australia has become particularly important in the context of financial services, which often constitute the supply of rights, in the global economy. The Commissioner has recently issued a draft GST determination about the application of item 4(a) to the supply of a credit card.
This article explores the issue of when rights are for use outside Australia for the purposes of item 4(a). In particular, it analyses the approach adopted by the High Court to determine the location of use and queries whether the views expressed by the Commissioner in the draft determination are consistent with this approach.
Sorry, this is subscriber only content.
To gain access to this material and much more - Subscribe Now.
(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).
Already a Subscriber? Login now
Details
- Published By: Matt Strauch CTA
- Published On:1 Jun 2014
The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.
The Tax Institute
(ABN 45 008 392 372 (PRV14016))
("TTI")
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
Copyright Statement
All materials provided on this site are protected by copyright and are owned by or licensed to TTI.
Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.
Tags
Share this page