The ATO on Thur 13.6.2013, released Practice Statement Law Administration PS LA 2013/2 (GA), which deals with the GST treatment of Australian fees or charges under Div 81 of the GST Act.
Specifically, it sets out the administrative approach the ATO will take on and from 1 July 2013, where Australian government agencies determine the GST classification of supplies they make, where Australian fees or charges are received are the consideration. The PS LA indicates that broadly, on and from 1 July 2013, the ATO will take the following approach:
- if an Australian government agency classifies Australian fees or charges listed on the Treasurer’s determination as being “exempt” in accordance with the Treasurer’s determination, the Commissioner will not disturb the treatment retrospectively; and
- if an Australian fee or charge that is treated as “exempt” is subsequently considered not to be “exempt”, the Commissioner will require the treatment to be changed prospectively.
The PS LA was previously issued as Draft Practice Statement PS LA 3618, and is largely the same.
[LTN 112, 13/6/13]