The ATO on Wed 13.11.2013, released the following Class Rulings:

  • CR 2013/83: GST: the amount of input tax credits for creditable acquisitions made by members of the Waste Contractors & Recyclers Association of NSW in respect of supplies from landfill waste disposal facility managers who are liable entities, in relation to the carbon pricing mechanism, under Subdiv B of Div 2 of Pt 3 of the Clean Energy Act 2011. It applies to tax periods commencing on or after 1 July 2012. Broadly, the Ruling states that fees charged for waste management services including on-charging of any carbon pricing mechanism costs are subject to GST, and the amount of input tax credits under s 11-25 of the GST Act is equal to the GST payable on the taxable supply of waste management services.
  • CR 2013/84: GST: the amount of input tax credits for creditable acquisitions made by members of the Waste Contractors & Recyclers Association of NSW in respect of supplies from landfill waste disposal facility managers who are liable to pay a waste levy under s 88 of the Protection of the Environment Operations Act 1997 (NSW). It applies to tax periods commencing on or after 1 July 2010. Among other things, the Ruling states that a fee charged for waste management services, including on-charging of a waste levy is subject to GST. However it states that the payment of the waste levy by facility managers to the NSW Environmental Protection Authority is exempt from GST.

[LTN 220, 13/11/13]