Escolar Documentos
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1 Overview
Introduction
Objective
Scope Of Material
What Is The New Tax System?
How Does The New Tax System Apply To The Community, Voluntary
and Cultural Sectors?
Overview Of The BAS
There are Two Types of BAS
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Introduction
What Is GST?
Australian Business Number Registration
Entity
GST Registration
Cancelling GST Registration
Significant Registration Issues
Grouping
Branching
Sub-Entities
Other Important Points
GST-Free Supplies
GST-Free Supplies Made By You (e.g. your sales)
Special Rules For Charities
GST Free Supplies Made To You (e.g. your purchases)
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contents
contents
Tax Invoices
The Tax Invoice Is The Cornerstone of GST
Tax Invoice Checklist - Invoice Total Excluding GST
Taxable Supply Example
Each Person In The Chain
GST-Free Supply Example
Input Taxed Supply Example
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4 Pay As You Go
Introduction
Pay As You Go Withholding
Information for the BAS/IAS
W1 Total Of Salary, Wages And Other Payments
W2 Amounts Withheld From Salaries And Other Payments
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5 PAYG Instalments
Introduction
Completing The Business Activity Statement
T1 Instalment Income
T2 Instalment Rate
T3 New Varied Instalment Rate
T4 Reason For Variation
5A Pay As You Go Instalment
5B Credit Arising From Reduced Pay As You Go Instalment
7 Deferred Company/Fund Instalment
Example
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contents
contents
Rate Of Tax
Example 1 - Fringe Benefit Tax Consequences of Salary Sacrifice
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What Is A Charity?
The Effect Of Being Endorsed As An Income Tax Exempt Charity
How Do You Become Endorsed?
Are You A Charitable Fund Or A Charitable Institution?
Charitable Institutions
Physical Presence In Australia Test
Disregarded Amounts
Deductible Gift Recipient Test
Prescribed By Law Test
Charitable Funds
How to Determine Whether a Charitable Fund Will Be
Entitled To Endorsement
Charitable Funds Not Established By Will Before 1 July 1997
Australian Purposes Test
Deductible Gift Recipient Test
Australian Distribution Test
Gift Distribution Test
Charitable Funds Established By Will After 1 July 1997
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Introduction
Non-Profit
Non-Profit Clause
Dissolution Clause
Exemptions
Cultural Organisation
Community Service Organisation
Educational Organisation
Employment Organisation
Friendly Societies
Health Organisations
Religious Organisations
Resource Development Organisations
Scientific Organisations
Sporting Organisations
Three Tests
Physical Presence In Australia Test
Deductible Gift Recipient Test
Prescribed By Law Test
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9 ADDITIONAL INFORMATION
Schedule A
Section 65J Rebate For Certain Non Profit Employers Etc
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Glossary
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Government Assistance Initiatives
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The Role Of The ATO
The GST Start-Up Assistance Office
Other Helpful Internet Sites
Notes
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1 overview
INTRODUCTION
SCOPE OF MATERIAL
The GST Start Up Assistance Office has contracted AIM and GST Etc Pty Ltd
to develop this manual to explain to individuals and organisations in the
community, voluntary and cultural sectors how The New Tax System might
affect them. The manual will also help the community, voluntary and cultural
sectors complete new reporting forms required by the Australian Taxation
Office (ATO).
This manual is not intended to cover all the various issues that will confront different
organisations.
The manual has been developed as a practical handbook to be used in free workshops
for the community, voluntary and cultural sectors from mid August to late October 2000.
The manual is also a reference source for those not attending the workshops.
For example, this manual does not cover the Wine Equalisation Tax (WET) or Luxury Car Tax
(LCT) in great detail because these generally do not apply to community sector
organisations.
Details are also provided of other information sources available in respect of the BAS and
other taxation reporting requirements. You will find a listing of helpful contacts on page 110
of this manual.
Where you have specific issues relating to tax or reporting requirements, it is recommended
that you seek the advice of your taxation advisor or the ATO.
OBJECTIVE
The objective of this manual is to assist the readers prepare their first Business Activity
Statement (BAS) or Installment Activity Statement (IAS) with particular emphasis on:
> The Goods and Services Tax (GST) and the information required to be supplied to the
ATO on the BAS;
> The Pay As You Go (PAYG) Withholding system;
> The PAYG Instalment regime and how this will affect tax payments by entities;
> The categories in the new BAS/IAS that form the reporting and payments basis of
The New Tax System to the ATO; and
> Fringe benefits tax (FBT).
This manual also covers in some detail, endorsement for Income Tax Exempt Charities
(ITEC) and Deductible Gift Recipients (DGR).
This manual contains 9 chapters including the introduction which gives an outline of this
manual and a brief overview of the BAS and IAS.
Following the introduction, the second chapter of this manual is designed to assist
community sector organisations with the introduction to GST by giving a sound foundation
of how the GST operates.
> The GST - this is a 10 per cent tax on most goods and services consumed in Australia;
> A single number for each business entity - an Australian Business Number (ABN) which will
eventually be used as a single identifying number for all dealings with Government;
> A PAYG Withholding system which replaces a number of withholding taxes
(e.g. Pay As You Earn, Withholding where no TFN quoted on investments) and a PAYG
instalment system which replaces provisional tax and the company and superannuation
fund instalment system;
> Requirements for endorsement as an ITEC or DGR;
> Reporting fringe benefits on employees group certificates;
> Changes to the Diesel Fuel Rebate Scheme;
> WET; and
> LCT.
The new tax system will also simplify the way you report to the ATO. A single form - the BAS
or the IAS - will be used to report the range of matters described above. Chapters 3, 4, 5 and
6 of this manual show you how to complete the BAS or IAS.
The third chapter follows with instructions on completing the GST sections of the new BAS
that form part of The New Tax System.
The fourth and fifth chapters of this manual focus on the PAYG Withholding and Instalment
elements of the Calculation Sheet and Activity Statement.
The sixth chapter of this manual concerns FBT and instructions on working out any final
amount payable or refundable for the Activity Statements.
The seventh and eighth chapters of this manual cover endorsement for ITECs and DGRs
whilst the last chapter includes a FBT rebatable employer schedule, glossary and helpful
contacts section.
1
HOW DOES THE NEW TAX SYSTEM APPLY TO THE COMMUNITY, VOLUNTARY
AND CULTURAL SECTORS?
The New Tax System applies to activities undertaken in most sectors including the
community, voluntary and cultural sectors. The following guide will help identify whether
The New Tax System will apply to you
You must register for both an ABN and the GST if you carry on an enterprise and your
turnover is over the annual threshold of:
> $50,000; or
> $100,000 for a non-profit entity.
For the purposes of the above test:
> An entity includes a sole trader, a partnership, an unincorporated association, and other legal
entities, such as a corporation or trust;
> An enterprise covers various activities undertaken with the expectation of profit or gain,
e.g. a business, a charitable institution, but does not include hobbies or activities as
an employee.
You must also register for an ABN, and you may register for GST, if:
> Your annual turnover does not exceed the appropriate threshold (see above) and:
> You want to apply for endorsement as an ITEC; or
> You want to apply for endorsement as an DGR; or
> You receive a grant, or supply goods or services to a business and do not want the payment
you receive to be subject to a 48.5 % PAYG Withholding tax.
The following reference map shows all the descriptions on the BAS and Quarterly
Calculation Sheet, and references each one and its "Box Number" to the pages of this paper
as an easy referral guide.
Business Activity Statement (BAS)
GST;
PAYG Withholding;
PAYG Instalments;
FBT;
WET; and
LCT.
Both the BAS and the IAS require all of the information described above with the exception
that the latter does not require the information pertaining to the GST.
1B
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1A
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The New Tax System encompasses significant changes in taxation and is made up of
various parts that affect every organisation within Australia. The reporting basis for The
New Tax System is the BAS if the entity is registered for the GST, or the IAS if the entity is
not registered for GST.
>
>
>
>
>
>
PAGE
NO.
BOX
NO.
Included in the BAS is the information required by the ATO for the following:
BOX
NO.
TRANSACTION TYPE
1C
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1E
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Add 1A+1C+1E
2A minus 2B GST net amount
Pay As You Go Withholding
Pay As You Go Instalments
Fringe Benefits Tax payable
Deferred company/fund instalment
Add 2A+4+5A+6A+7
8A minus 8B net amount for this
statement
2A
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5A
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6A
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8A
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1D
1F
Luxury Car Tax refundable
1G
Special credit for wholesale sales tax
2B
Add 1B+1D+1F+1G
5B
Credit arising from reduced PAYG
instalments
Credit arising from reduced Fringe Benefits 6B
Tax instalments
8B
Add 2B+5B+6B
Positive = Payable to ATO
Negative = may be a refund or offset
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Calculation Sheet
PAGE
NO.
Every entity that registers for GST is required to submit a BAS. Part of the BAS is
your GST return.
G10
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For each tax period, the entity will receive from the ATO a single tax form: the BAS.
BOX
NO.
G1
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Capital Acquisitions
Exports
G2
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Other Acquisitions
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G11
G3
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44
G4
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Add G2+G3+G4
This is the total of your GST-free and
input taxed supplies
G1 minus G5
Adjustments
Add G6+G7
This is the total of your taxable supplies
after adjustments
Divide G8 by eleven
Total of salary, wages and other payments
Amounts withheld from salary, wages and
other payments
Instalment income
New varied instalment rate
ATO calculated fringe benefits tax
instalment
Estimated total fringe benefits tax payable
G5
35
G6
35
G7
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G8
40
G9
40
W1
W2
T1
T2
F1
F2
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Add G10+G11
This is the total of your acquisitions
Acquisitions for making input taxed sales
& income & other supplies
Acquisitions with no GST in the price
Total of estimated private use of
acquisitions + non income tax deductible
acquisitions
Add G13+G14+G15
This is the total of your non-creditable
acquisitions
G12 minus G16
This is the total of your creditable
acquisitions
Adjustments
Add G17+G18
This is the total of your creditable
acquisitions after adjustments
Divide G19 by eleven
Amounts withheld from investment
distributions where no TFN quoted
Amounts withheld from payment of
invoices where no ABN is quoted
New varied instalment rate
Reason for variation
Varied fringe benefits tax instalment
Reason for fringe benefits tax variation
G12
TRANSACTION TYPE
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G13
44
G14
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G15
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G16
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G17
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As from 1 July 2000, the BAS will be used to advise the ATO of the GST liability of the entity
as well as being used to advise its other tax liabilities. For many entities this means that
there will be only one form and one payment to the ATO each quarter. It should be noted
however that some organisations will still be required to file an annual income tax return,
and an annual FBT return where applicable. Some entities though, may be exempt from
income tax or FBT and may not be required to lodge an annual income tax or FBT return.
The exceptions for filing a BAS on a quarterly basis will include businesses that are required
to remit GST on a monthly basis, or choose to remit GST on a monthly basis, and for
medium-sized remitters of PAYG deductions (including the former PAYE deductions)
from wages paid to employees (who are still required to remit PAYG Withholding
payments monthly). See the section on PAYG in this manual to determine whether
you are a medium-sized remitter of PAYG deductions.
Entities with an annual turnover in excess of $20 million are required to remit their
BAS monthly.
When you lodge your application to register for GST, you are required to elect which tax
period will apply to you. The choice is either one month or three monthly tax periods.
G18
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G19
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G20
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W3
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W4
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The entity will be required to lodge its BAS with the ATO twenty-one days after the end of
the GST tax period. Note however that there are extensions of time available for the 1st, 2nd
and 3rd BAS returns for quarterly remitters of GST. These returns may be filed three weeks,
two weeks and one week after the standard due dates respectively.
(Note: The first quarterly BAS is due no later than 11 November 2000. As this day falls on a
Saturday, many entities will need to lodge their BAS by Friday 10 November 2000)
Similarly, the 1st and 2nd monthly BAS lodgement dates have been extended two and one
week(s) respectively for those with a turnover below $20 million.
Even if no tax liability exists for a tax period, a nil return must be filed by the due date.
Failure to lodge the BAS/IAS by the due date will incur late payment penalties.
T3
T4
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65
T3
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T4
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The BAS can be sent to the entity by the ATO either through the mail as a paper return, or
over the Internet as an electronic form if you have requested this option.
The entity is required to keep adequate records so it can accurately complete the GST
section of the BAS to determine the amount of GST it will have to pay to the ATO or the
amount that may be refunded, depending on its circumstances.
Any refunds of GST may be used to reduce other amounts of tax that may be paid (such as
amounts withheld from salaries and wages) on the BAS for that period.
INTRODUCTION
If you are not registered for GST, you may still need to report other tax liabilities such as
PAYG and FBT. To do this you will be required to use an IAS. This form is very similar to a
BAS, but it does not include a section to fill out GST details.
This chapter discusses the basic principles of GST and reinforces your
understanding of how the GST operates. It introduces GST terms and their
implications in managing the GST process in addition to considering the GST
issues of the BAS.
This form is usually lodged quarterly, depending upon the entitys reporting requirements.
(For those required to complete an IAS, Chapter 3 of this manual is not relevant.)
PAYMENT OPTIONS
You have several options for the payment of any amounts that you are required
to remit, including:
>
>
>
>
>
While some of the terms may still seem unclear or difficult to grasp, once you have a sound
understanding of them you will find that many of the mysteries of GST will disappear.
Appropriate systems are the key to managing GST in an organisation. Depending on the
size and nature of the entity, some systems will produce only basic accounting data whereas
others will produce comprehensive management reports.
The introduction of the GST provides an opportunity for all organisations from the
community, voluntary and cultural sectors to review their current systems if they have not
already done so. This review should not just focus on accounting for GST, it should also
consider how the information required for GST compliance purposes can be captured
efficiently and used to assist in the effective management of the entity.
WHAT IS GST?
The GST is a broad-based tax at 10% on the supply of most goods and services consumed
in Australia. It is also payable on most goods imported into Australia regardless of GST
registration. GST commenced on 1 July 2000, yet it affected some transactions entered into
prior to this date where performance occurred on or after 1 July 2000.
GST is a very visible tax. Where goods and services subject to the 10% GST are supplied, it
is mandatory for the supplier to indicate that the price paid is inclusive of GST. This is
unlike many other taxes, such as wholesale sales tax, where tax was included in the price of
goods, but was not visible to the purchaser.
Although GST will replace some existing taxes, the GST charged to a registered organisation
by its suppliers, in many situations, will be recoverable from the ATO. One of the most
fundamental principles of a GST system is that generally the tax is not an added cost for a
"GST-registered" entity. The GST system intends that the ultimate consumer bears the tax.
The key elements of the introduction of the GST rely on:
>
>
>
>
>
The abolition of many indirect taxes: resulting in the reduction of some business costs;
Any resulting costs savings to be passed on to consumers;
An organisation may be required to register for GST;
A registered organisation is required to include 10% GST in the price of "taxable supplies";
An organisation will find that GST is included in the prices charged to it by its suppliers
for many of the goods and services it purchases; and
> A registered organisation will be able to claim back this GST from the ATO
(termed input tax credits).
2
AUSTRALIAN BUSINESS NUMBER REGISTRATION
The Australian Business Number (ABN) is an eleven digit unique identifier that enables
organisations in Australia to deal with the ATO and will in time be used as the sole business
identifier by all government departments. The ABN is critical to the operation of the GST
system as every entity that is registered for GST will have an ABN and this is the number
that is quoted on all your tax invoices.
As a general rule, organisations should register for an ABN even if they do not register for
GST. This is because if an enterprise fails to obtain an ABN, there may be financial
consequences.
>
>
>
>
>
>
>
>
An organisation will need to show its ABN on all tax invoices. Without the ABN, the
document will not constitute a tax invoice (even if so described) and its GST registered
customers will be unable to claim input tax credits for supplies related to that document.
Where people own or control one or more separate legal entities, the GST issues are
potentially more complex and professional assistance or clarification from the ATO may be
required.
The ABN will not replace a tax file number, so tax information will still be protected by the
existing privacy guidelines.
Several related entities may be able to register for GST as one group. They will then be
considered as one enterprise for GST purposes.
The ABN will replace the Australian Company Number (ACN) over time and from 1 July
2000, companies are permitted to quote their ABN in place of the ACN where the 9 digits
of the ACN correspond with the last 9 digits of the ABN.
If the organisation does not have an ABN, or does not provide that number to other
businesses to whom it supplies goods or services, those businesses ordinarily will be
required to deduct PAYG Withholding tax from payments to that business. Apart from the
limited exceptions to this rule (explained below), the withholding tax is the highest marginal
tax rate plus the Medicare levy (currently 48.5%).
ENTITY
An entity in legal terms, is a person, a company, a trust, or some other form of organisation
that has a separate legal identity.
Each entity that conducts an enterprise is entitled, and may be required, to register for an
ABN. If one entity conducts a number of enterprises, only one ABN for the entity is required
(although it may elect to apply the Branching rules - see page 12).
It should be noted that some organisations that may not be entities in a legal sense, for
example partnerships and unincorporated societies, may be entities for GST purposes and
therefore may be required to register for GST.
Example:
In a GST context, it is very important to appreciate that whereas the hospital and the trust
may be seen by the world at large to be the one and the same, the activity is undertaken
by two quite separate legal entities. In this example, the first entity is the hospital and
the second entity is the building fund trust. Although the trustees of the trust may be the
senior staff of the hospital and they themselves may perceive they are running the one
organisation, the fact that they are separate legal entities means that both the hospital
and the trust may be required to register separately for the GST.
An individual;
A body corporate;
A corporation sole;
A body politic;
A partnership;
An unincorporated association or body of persons;
A trust;
A superannuation fund.
In all of the situations above, it may be necessary to register more than one entity for GST
purposes. However, if one entity consists of a range of enterprises, only one registration is
required. Regardless of the number of trading names an entity may have, a single
registration is required.
Example:
The Merville Charity operates two different branches including a sheltered workshop
and charitable education program. They both operate from different locations yet
only one entity manages both of these business enterprises. Only one ABN is
required to cover these activities and similarly, only one registration is necessary for
GST purposes.
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2
GST REGISTRATION
Compulsory GST registration is based on two requirements. The first being that the entity is
carrying on an enterprise, and the latter being that annual turnover meets the registration
turnover threshold which is $50,000, or $100,000 for non-profit bodies. (Annual turnover
excludes input taxed supplies and donations, but includes the GST-exclusive amount of
taxable supplies and GST-free supplies. Consequently, annual turnover includes grants
made to the organisation but excludes bona-fide donations.)
You must cancel your GST registration within 21 days of ceasing to carry on your enterprise.
To calculate your turnover you need to look at your turnover for this month and the previous
11 months. If you exceed the threshold at this point, you must register. If you do not exceed
the threshold, take this months turnover and look forward to the next 11 months. If you are
likely to exceed the turnover threshold in the coming year, you should register for GST to
avoid penalties for not registering when you should have.
Where an entity satisfies the carrying on an enterprise test and its annual turnover does not
meet the relevant turnover threshold, the entity has the option to register for GST.
Are you carrying on an enterprise?
NO
YES
Does your annual turnover equal or
exceed $50,000
($100,000 for non-profit bodies)?
YES
NO
Example:
You can also cancel your registration if your annual turnover falls below the threshold.
This is not compulsory though, as you can remain voluntarily registered if you chose.
If you chose to voluntarily register for GST, you must remain registered for at least
12 months. This is an important factor to consider if you are deciding whether to
voluntarily register.
To cancel your registration, you need to apply to the ATO in writing.
Are non-profit bodies and all members are of the same non-profit organisation;
Have the same tax periods and the same accounts basis;
Are registered for GST; and
Do not belong to any other GST group.
Branching
A branch of a registered entity can be separately registered as a GST branch. Separate GST
returns are given, and separate payments and refunds of GST are made, in respect of the
branch. Transactions between branches are not excluded from the GST.
The general requirements to be registered as a branch are that:
> The branch has an independent system of accounting;
> The branch can be separately identified either because the activities of the branch are
distinct from the other activities of the entity, or because the branch is in a distinct location
from the other parts of the entity; and
> An enterprise is, or is intended, to be carried on through the branch.
11
12
2
Sub-Entities
Certain non-profit entities are permitted to register sub-entities separately for GST if they
are part of that non-profit entity. By arrangement with the ATO, sub-entities can use the
ABN of the non-profit entity, or will need their own ABN. The benefit of using sub-entities is
that sub-entities may fall below the registration threshold and thus be exempt from
registration.
If you are a GST branch of an organisation, or a non-profit sub entity, and you are registered
for GST, you must complete the GST section of the BAS in terms of income and expenses
that your branch/sub-entity has received and incurred.
If you are the parent entity of a registered GST branch, you must complete the GST section
in terms of your income and expenses directly received and incurred by you (excluding all
income and expenses received and incurred by the GST branch in their own right).
To be able to take advantage of the sub-entity rules the entity must be:
> A charitable institution, trustee of a charitable fund or a gift deductible entity; or
> A non-profit body that is exempt from income tax.
These non-profit organisations with small independent branches (units) have the option of
treating their units as if they were separate entities for GST purposes and not part of the
main organisation.
The GST does not apply to all transactions so it is important that you understand what
transactions it does apply to and how transactions are categorised to accurately manage GST.
If an entity chooses this option it must record each unit that is being treated as a separate
entity for the purposes of GST.
There are other types of supply which are outside the scope of the GST legislation.
More information can be found on these types of supply on page 18 of this manual.
13
A GST-registered church runs a fete once a year to raise money for church activities.
Separate accounting records are kept for the fete. From the turnover of previous fetes
it is estimated that the current years fete will raise $60,000. Since the fete keeps a
separate accounting system and it conducts different activities to the churchs
activities, the church may elect to treat the church fete as a separate entity for GST
purposes. Because the turnover of the fete is less than $100,000, the organisers of
the fete can choose whether or not to register the fete for GST purposes. If the
organisers choose not to register the fete for GST, the sale of items at the fete will
not have GST included in the price. However, GST that has been included in the
price of inputs to the fete such as the hire of stalls and a marquee cannot be
claimed as input tax credits.
TAXABLE SUPPLIES
Taxable supplies are those supplies which are subject to GST. For a supply to be taxable,
there must be:
>
>
>
>
>
>
A supply;
For consideration (any form of payment, not limited to money .ie. barter);
By a registered entity;
Conducting an enterprise;
Where the supply is connected with Australia; and
Not a GST-free, input taxed, out of scope supply
(for further information on these terms see pages 15 - 18 of this manual, respectively).
Where you receive a taxable supply, you might be able to claim an input tax credit.
An acquisition of a thing;
By a registered entity;
For consideration;
Which is a taxable supply;
With a tax invoice; and
For a creditable purpose.
14
2
Taxable Supplies Made By You (e.g. your sales)
Taxable supplies are supplies that you make that are subject to GST. When you make a
taxable supply, you will be required to account to the ATO, for GST equal to 1/11th of the
amount that you receive from your customer.
Example:
An advocacy organisation sells a book for $100 plus 10 per cent GST. The total price
inclusive of GST is $110. The advocacy organisation is required to remit the $10 GST
(1/11th) on the supply to the ATO.
Note: Where a grant made by government is received by an organisation registered for GST, there
is a supply by the organisation to the grantor in return for the grant. This is a taxable supply and
the organisation is required to remit 1/11th of the grant amount to the ATO.
GST-FREE SUPPLIES
As the name suggests, no GST is charged on the supply of these goods or services. However,
it is important to emphasise that there are no GST-free organisations. Rather, an organisation
must classify each transaction it makes, to determine the GST treatment. Irrespective of the
supplies and acquisitions an organisation makes, GST is payable on all acquisitions of taxable
supplies.
GST-Free Supplies Made By You (e.g. your sales)
If you are registered for GST and make GST-free supplies, you will not need to account for any
GST on these supplies.
You should therefore, ensure that you do not include any GST-free supplies that you make in
determining the amount of GST that you are required to account for.
If you buy goods and services that are subject to GST and you use these to make GST-free
supplies in carrying on your organisation, you are still entitled to claim an input tax credit in
respect of those purchases. Examples of such purchases might be stationery, accounting
services or signage.
To work out the GST that you have paid to your supplier you will generally be able to take
1/11th of the price charged to you.
Example:
Example:
A soup kitchen buys saucepans from a homeware store. The value of the saucepans
is $275 (including GST). The amount of GST included in the price of the saucepans
is 1/11th of $275. This equates to $25 GST.
However, if the GST does not equal 1/11th of the price charged, the supplier is required to
show you the GST separately on the tax invoice.
Example:
A soup kitchen buys fresh vegetables and cleaning products from a supermarket.
The combined value of purchases is $96. The fresh vegetables amount to $30
and the cleaning products $66. The amount of GST included in the purchases is
1/11th of $66. This equates to $6 and each supply must be separately identified
on the tax invoice.
If you are registered for GST, you will be able to claim back from the ATO any GST paid to
your suppliers in relation to acquisitions you have made, provided:
> You have a tax invoice;
> The acquisition is for business purposes; and
> The acquisition does not relate to the making of input taxed supplies.
A religious institution purchases candles for use in its religious services for $330
(including $30 GST). The religious institution is entitled to an input tax credit of $30
for that transaction.
A GST-registered charity supplies community housing for $120 a night. The market
value of this supply is $200 a night. Since the supply of accommodation is made by
the charity for less than 75 per cent of its market value, it will be GST-free.
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2
Example:
Clothes donated by She-girl stores are reprocessed by the Robert River Op Shop
(which is registered for GST) for resale as toy dolls. Since the second-hand goods are
altered considerably and their nature has been changed, they will not be GST-free.
The supply is a taxable supply, therefore the Op-shop will include GST in the price charged
for the toy dolls.
GST-Free Supplies Made To You (e.g. your purchases)
In carrying on your business you might purchase goods and services that are GST-free.
You must therefore, ensure that you do not include any GST-free acquisitions that you make
in determining the input tax credits that you are able to claim.
The most common GST-free supplies include:
GST FREE SUPPLIES
Religious services
Non-commercial activities for charities
Exports
Basic food and beverages for human consumption
Child care
Raffles and bingo conducted by charitable institutions
Health & medical services
Education
Note that this general rule is altered for certain acquisitions of goods or services made by financial
institutions, such as banks.
17
You should ensure that you do not include any input taxed supplies that you make in
determining the GST that you are required to account for.
Input Taxed Supplies Made To You (e.g. your purchases)
If you acquire goods or services that are input taxed, you will not be charged any GST
by the supplier.
You must therefore, ensure that you do not include any input taxed acquisitions that you
make in determining the input tax credits that you are able to claim.
The Most Common Input Taxed Supplies
The main types of supplies that will be input taxed include:
> Financial supplies;
> Residential rents and the sale of existing residential properties;
> Supplies of food by school tuckshops and canteens under certain conditions.
BARTER/CONTRA ARRANGEMENTS
Barter transactions may also be caught by the GST. For example, a local club provides a
venue to a local GST-registered charity for their annual gala dinner in return for advertising.
Each supply has a GST-inclusive value of $1,100.
GST would be payable by the registered club as 1/11th of the market value (including GST)
of the advertising received as consideration for the supply of the venue. GST would also be
payable by the charity as 1/11th of the market value (including GST) of the venue hire
received as consideration for the supply of the advertising. Both parties would be entitled to
input tax credits equal to the amount of GST payable (assuming they are entitled to a full
input tax credit).
Example:
Where a lawn bowls club (registered for GST) receives one months supply of free
printed stationery from the local printer (registered for GST) in return for advertising
the printer as a major sponsor of the club, two supplies occur. In this barter
arrangement, GST is payable by the lawn bowls club on the value of the advertising
although no money has been exchanged. Similarly, GST is payable by the local
printer on the value of the stationery.
Assuming that both the advertising and printing are valued at $110 and the lawn bowls club
and printer are entitled to claim input tax credits for these supplies, the net GST result will
be nil. The lawn bowls club will have an obligation to remit 1/11th ($10) of the value of
advertising to the ATO but will receive an offsetting input tax credit for the $10 GST incurred
on the acquisition of the stationery.
Similarly, the printer has an obligation to remit $10 GST on the supply of the stationery but
is entitled to a $10 input tax credit for the $10 GST on the acquisition of the advertising.
THE NEW TAX SYSTEM MANUAL
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2
REPORTING
If you are registered for GST, the ATO will send your organisation either a monthly or
quarterly BAS for each tax period. The annual compulsory turnover threshold for
compulsory monthly reporting is $20 million, however you may choose or need to report on
a monthly basis. For example, you may be entitled to net refunds of input tax credits and
would want to receive these monthly.
GST-inclusive price;
GST-inclusive price;
Clearly show the words "Tax Invoice";
Issue date of the tax invoice;
Name of the Supplier;
Brief description of things supplied;
The amount of GST payable;
The total amount payable;
If the GST is 1/11th of the total price either indicate
total includes GST or the amount of the GST;
If the GST is not 1/11th of the total price (as a result of a
mixed supply), each supply must be identified.
For other businesses that do not meet this criteria, they will generally be required, or will
want to account for GST on an accruals basis.
When applying to register for GST you would have made this choice by completing certain
items on your ABN application form. You need to consider which method you use to
account for GST when completing the items on the Calculation Sheet.
The choice of accounting for GST is completely independent from that chosen for income
tax purposes. Therefore, an entity accounting for income tax under the accruals basis of
accounting may account for GST under the cash basis if its turnover is less than $1 million
per annum.
If an organisation wants to recover from the ATO any GST it is charged on goods and
services acquired, the general rule is it must hold a tax invoice covering that supply.
> A tax invoice is a valuable document.
If an organisation is registered for GST and undertakes a transaction related to creditable
acquisitions, then the tax invoice provided by the supplier allows the organisation to claim
an input tax credit from the ATO.
There are two methods of accounting for GST - on a cash or on a non-cash (accruals) basis.
Businesses who have an annual turnover (from GST-free and/or taxable supplies) of under
$1 million, or are a charitable institution, or an entity that accounts for income tax on a
receipts (cash) basis, have the option to account for GST on a cash or accruals basis.
TAX INVOICES
If the transaction is less than $50, excluding GST, a tax invoice is not required.
Input tax credits can be claimed provided a suitable receipt is held.
Get the tax invoice issues right and you are well on the way to dealing with GST!
The issuing of a tax invoice is required if the GST-exclusive value of a taxable supply is
greater than $50. If asked to provide a tax invoice, you must do so within 28 days of the
request from the purchaser.
You must be in possession of a tax invoice for any related claims for input tax credits when
you lodge your BAS. If you do not have a tax invoice, you cannot claim the input tax credit
until you obtain the tax invoice.
> A tax invoice is not just any invoice.
For an invoice to constitute a tax invoice, it must contain certain legally required
information. If it does not meet these requirements then it is not a tax invoice and the
organisation cannot claim back the GST content as input tax credits (see the tax invoice
checklist that follows).
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Examples of tax invoices
TAX INVOICE
PURCHASE
DATE
1 August 2000
Farmer
QUANTITY
DESCRIPTION OF SUPPLY
AMOUNT
TOTAL
$880
Yarn producer
$880
Blanket Manufacturer
Retailer
Consumer
Total GST paid to ATO
SALE
Price paid
(a)
GST
(b)
Total
(c)
Price charged
(d)
GST
(e)
Total
(f )
Paid to ATO
(e-b)
20
40
80
100
2
4
8
10
22
44
88
110
2
2
4
2
10
20
40
80
100
2
4
8
10
22
44
88
110
$880
Note: The total tax collected by the ATO is 1/11 ($10) of the selling price to the consumer ($110),
or 10% of the price (before GST) paid for the goods.
As you can see, the GST is collected at each stage of the chain of production.
TAX INVOICE
DATE
ADDRESS
1 August 2000
QUANTITY
DESCRIPTION OF SUPPLY
Hire of hall
GST
AMOUNT
You purchase some wool from the farmer for $22. That includes $2 GST.
TOTAL
$5,000
$5,000
$500
$500
You turn the wool into yarn that can be used by a blanket manufacturer, and charge the
manufacturer $44. That includes $4 GST.
The key points to note are that you must remember to charge and record the GST on your
sales, and to keep a record of the GST you have paid on your inputs (the wool).
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$5,500
When you prepare the GST section of the BAS and send it to the ATO you are able to claim
back the GST on your purchases, but must submit the GST collected on your sales. It is the
difference between these ($4 collected from blanket manufacturer less the $2 paid to the
farmer) that must be paid to the ATO. That is $2.
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2
Almost everything else that you will ever read, see or hear about GST will ultimately be
related to how to calculate the figures for your business in columns (b) and (e). If you
understand what to do to get those figures you are well prepared for GST.
Because most organisations will claim back the GST on their purchases, and collect the
GST on their sales to their customers, consumers bear the ultimate cost of the GST.
PURCHASE
Another way of showing this is that, looking at the example as a whole, you can see that the
total in the last column shows that businesses have paid $10 to the ATO. But when you look
at the bottom row of the table, you can see that the final consumer has actually paid that
$10. The input tax credit mechanism (that is only available to registered organisations, not
consumers) means that the final GST cost is borne by the consumer, not the organisation.
Price paid
(a)
GST
(b)
Total
(c)
Price charged
(d)
GST
(e)
Total
(f )
Paid to ATO
(e-b)
1,200
8,000
120
0
1,320
8,000
120
0
120
Residential rent
Total GST paid to ATO
PURCHASE
Equipment supplier
Training Organisation
(purchaser)
Training
Organisations fees
Total GST paid to ATO
Price charged
(d)
GST
(e)
Total
(f )
Paid to ATO
(e-b)
400
600
40
0
440
600
40
-40
0
0
Because the training course is GST-free, the amount charged to attendees is not subject to
GST. However, the training organisation is still entitled to input tax credits for the purchases
made to run the educational course. In this case, the training organisation is in credit and
gets a refund of $40 from the ATO.
As you can see, GST-free is an appropriate way of naming these supplies because in net
terms, no GST is collected on these supplies.
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120
1,320
Total
(c)
440
1,200
As the religious organisation is using the hot water service solely for providing residential
rent, it is not entitled to an input tax credit for the purchase of the hot water service.
The religious organisation then does not charge any GST to the tenant on residential rent.
GST
(b)
40
SALE
Price paid
(a)
400
SALE
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2
Donations, Grants, Gifts And Sponsorships
For a payment to be considered a gift, it must be unfettered, that is, there must be no
obligations to do anything in recognition of the gift and no expectation on the part of the
donor to receive anything of material benefit in return for the donation. Consequently, the
receipt of a gift is not a taxable supply, unless there is another supply made for the
consideration (gift).
Non-Monetary Sponsorship
If a sponsor provides goods and services in return for other goods and services, such as
advertising and promotion, there is a supply by both parties to each other. This is called
"contra sponsorship". If both parties are registered for GST, each will be liable to pay GST
on the supply to each other. The GST will be 10 per cent of the GST-exclusive market value
of the supply made by the other party, or 1/11th of the GST-inclusive market value.
Example:
Where the supply is made by each party to the other in the same tax period, no GST will be
payable to the ATO because the value of the supply is the same as the value of the
acquisition (assuming the value is determined by arms length dealings).
Each party will still need to account for GST payable and input tax credits on each
transaction.
Example:
As John does not receive a material benefit from the presentation of the plaque, there is no
taxable supply by the environmental organisation to John.
A paint manufacturer provides paint to the local childrens art association worth
$4,400 (including $400 GST) in return for advertising worth $4,400 (including
$400 GST).
(For further details of what is a "material benefit", refer to the ATO Ruling GSTR 2000/11.)
Sponsorships
Sponsorships usually require the recipient to do something. They are usually payment for
services (such as advertising) and will be subject to GST if the sponsored entity is
registered for GST.
Monetary Sponsorship
If the organisation supplying the goods or services (such as advertising) is registered for
GST, the organisation paying the sponsorship fee will be entitled to an input tax credit of
1/11th of the payment if it is registered. If the entity supplying the goods or services is
registered for GST, it will be liable to pay GST on the supply.
Example:
A GST registered charity is given $2,200 sponsorship by a local business in return for
a full page advertisement in its newsletter. GST is payable by the charity on the
supply. The GST payable is 1/11th of the amount paid, that is $200.
GST would be payable by the association as 1/11th of the market value (including GST) of
the paint received as consideration for the supply of the advertising. GST would also be
payable by the paint manufacturer as 1/11th of the market value (including GST) of the
advertising received as consideration for the supply of the paint. Both parties would be
entitled to input tax credits equal to the amount of GST payable (assuming they are entitled
to full input tax credits).
Donations and Gifts
A donation in the form of a payment in cash or in kind, that is made unconditionally, is not
subject to GST because no benefits or rights flow as a result of the payment, and the
recipient does not have to use the donation for a particular purpose.
Unconditional grants and unconditional sponsorships are also not subject to GST for the
same reasons.
Example:
Example:
A football club is given timber by the local hardware store to rebuild a scoreboard.
No goods and services are requested or paid in return. The "sponsorship" will not
be subject to GST.
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26
contents
Grants
When a grant is paid to your organisation for a specific purpose or with any conditions, GST
is payable on the grant only if you are registered for GST. If there is no obligation tied to the
grant and no goods or services of "material benefit" are provided by your organisation, GST
will not be payable.
(For further information on "material benefit", refer to ATO Ruling GSTR 2000/111.)
The amount payable to the ATO is 1/11th of the grant. The entity making the grant (the
grantor) is entitled to an input tax credit equal to 1/11th of the grant amount. You will need
to give them a tax invoice.
Where your organisation is not registered for GST, no GST is payable and the grantor is not
entitled to an input tax credit.
Example:
Example:
Childs Play Theatre Inc. receives an annual grant of $55,000 from the Yarra Shire
and uses this to teach performance to young children in remote communities. As
Childs Play Theatre Inc. is registered for GST, it must remit $5,000 to the ATO, and
the Yarra Shire is entitled to claim the $5,000 included in the grant as an input tax
credit.
John performs mime for the elderly and receives $3000 each year from the Yarra
Shire to support his service. As John is not registered for GST, his work is not subject
to GST and the Yarra Shire cannot claim any amount attributable to Johns grant
as an input tax credit.
INTRODUCTION
This chapter works through an example on how to complete the GST section
of the BAS and provides instructions on the information requirements to do
so. (This chapter is not relevant for the purposes of completing your Activity
Statement if you are required to file an IAS instead of a BAS.)
The back of the BAS includes a "Calculation Sheet". The aim of the Calculation Sheet is to
assist businesses in determining the amount of GST payable and the amount of their input
tax credit. First we will discuss supplies you have made and then we will look at acquisitions
you have made.
Depending on your record keeping and accounting system, you may be required to
complete all of the Calculation Sheet or only some of the items. The two options for
completing the Calculation Sheet are as follows:
Bright Light Theatre, registered for GST, receives an annual grant of $5,000 from
the Yarra Shire to fund a folk festival. Bright Light Theatre has to pay 1/11th of the
grant to the ATO as GST. If the shire decides to maintain the existing level of
funding, it will increase the grant by $500. The shire claims the $500 GST as an
input tax credit. The effect on both the shire and Bright Light is revenue neutral.
Fundraising
Certain fundraising events run by charities such as a fete, ball, gala show, dinner
performance or similar event, may be input taxed. The event must be separate from and not
forming part of a series, or regular run, of like, or similar events. It may also include an
event that involves the sale of small fundraising items such as flowers, confectionery and
chocolates (not alcoholic beverages or tobacco products), provided the charitable
organisation is not in the business of making such supplies.
27
> For supplies, you must complete items G1, G2 and G3;
> For acquisitions, you must complete items G10, G11 and G12; and
> You must complete items G9 (GST payable) and G20 (GST input tax credit).
Note:
> You can only elect to use this option if you have record keeping and accounting systems
that can accurately provide details of the GST payable to the ATO (item G9) and the
input tax credits you are able to claim (item G20);
> Your system must also incorporate proper audit trails;
> All businesses that are registered for GST must complete items 1A and 1B on the front
of the BAS, in respect of their GST obligations to the ATO.
[For further details regarding the specific system requirements that businesses must satisfy, you
should refer to pages 30 and 31 of the ATOs booklet titled "Business Activity Statement
Instructions" (ATO BAS Instructions Book)].
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SUPPLIES YOU HAVE MADE - SUMMARY
The steps necessary to complete items G1 to G9 are set out in the example below.
The details of supplies that you have made is completed on the left hand side of the
Calculation Sheet (on the back of the BAS). When completing the details:
GST - EXERCISE
> If you account for GST on a cash basis - only include amounts for supplies where you have
actually been paid. If you have been partly paid for a supply, then include only the amount
you have been paid; or
> If you account for GST on an accruals basis - include all amounts for supplies where you
have either been paid (either partial or in full), or you have issued an invoice.
The following provides a summary of all items that need to be completed for supplies that
you make, if you are completing all the fields on the Calculation Sheet for GST purposes.
The Happy Charity is registered for GST and operates a number of initiatives. These include
raffles to raise funds, rental of a residential property, cake stalls, an opportunity shop that
sells donated second-hand goods and a commercial rag factory which shreds some clothes
from the opportunity shop.
For the quarter, July through to September, the accounts for the Happy Charity according to their
GST status were as follows:
RECEIPTS (SUPPLIES)
After the summary we will consider each of the fields in more detail.
ITEM
Enter your total income from all sales and other supplies that you have made for the tax period
**G1
(inclusive of any GST).
Enter the total of any exports that you have made for the tax period.
**G2
Note: You will also have included these supplies at item G1.
Enter the total of any other GST-free supplies that you have made for the tax period.
**G3
Note: You will also have included these supplies at item G1.
Enter the total of any input taxed supplies that you have made for the tax period.
G4
Note: You will also have included these supplies at item G1.
Add together items G2, G3, G4 (G2+G3+G4).
G5
This gives you the total of your GST-free and input taxed supplies you have made.
Deduct item G5 from item G1 (G1-G5).
G6
This gives you the total taxable supplies that you have made for the tax period.
Enter a net increasing adjustment at this item (if applicable).
G7
Add items G6 and G7 (G6+G7).
G8
This gives you the total of your taxable supplies including adjustments for the tax period.
Divide item G8 by 11 (G811). This gives you the GST payable to the ATO.
G9
Transfer the amount from item G9 to item 1A on the front of the BAS
OUTSIDE
THE SCOPE
OF GST
GST-FREE
SUPPLIES
TAXABLE SUPPLIES
INC GST
GST
AMOUNT
INPUT
TAXED
SUPPLIES
Raffle tickets
$100,000
Rag factory
$1,000
Opportunity shop
$60,000
Cake stalls
$3,300
Residential Rent
$10,000
$11,000
$15,000
$2,200
$15,000
$13,200
$200
$1,200
Donations
TOTALS
$163,300
$10,000
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PAYMENTS (ACQUISITIONS)
OUTSIDE
THE SCOPE
OF GST
TAXABLE ACQUISITIONS
INC GST
$55,000
$550
Cake ingredients
GST
AMOUNT
$1,500
$30
Electrician
$220
Plumber
New Computer
$5,500
Cash register
$550
Electricity
$330
Telephone
$220
Maintenance
$1,320
Repairs
$440
Factory wages
Allowances
TOTALS
$1,530
$64,130
GST-FREE
INPUT TAXED
ACQUISITIONS ACQUISITIONS
$5,000
$50
$20
$500
$50
$30
$20
$120
$40
$5,830
COMPLETING THE GST CALCULATION SHEET FOR SUPPLIES YOU HAVE MADE
$700
$33
G1
$500
Notes:
$100
> This item should include the total value of all sales income and receipts from all supplies
that you have made in carrying on your business during the relevant tax period
(GST-inclusive where relevant);
> This item should also include any revenue earned from the sale of the assets of your business.
$1,300
$33
Example:
Using the previous information, we will now complete the blank Calculation Sheet provided.
>
>
>
>
>
>
Income from sales, service fees, repairs, hire, commissions, fares, royalties,
the redemption of monetary gift vouchers, etc;
Amounts kept from cancelled lay-by sales and forfeited security deposits;
Rental income from business premises that you have leased to someone;
Income from selling business assets; e.g. a computer, furniture, motor vehicle;
Contributions from employees for fringe benefits you have provided;
Monetary value of any barter/sponsorship arrangements.
Non-Profit Bodies
If you are a charitable institution, trustee of a charitable fund, deductible gift recipient,
registered club or similar non-profit organisation, include amounts received from all your
various activities including:
>
>
>
>
Membership fees;
Trading, such as from sales of goods (new and used);
Providing services to people in need;
Conducting raffles (Only net proceeds if cash prize. Gross proceeds for non-cash prizes the corresponding purchase of a prize will be included as an acquisition);
> Other fundraising activities;
> Sponsorship; and
> Grants.
If you have chosen to treat some of your separately identifiable branches as separate
entities (non-profit sub-entities), do not show the amounts from the activities of these
branches. However, you will need to include all transactions with the branch as though it
were a separate entity.
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3
Step 2 Make sure you have not included amounts received such as:
>
>
>
>
>
>
>
>
Step 3 You may also need to consider some special rules, for example, if you:
>
>
Only complete this section if you have made GST-free supplies, other than export supplies.
Step 1 Add up the following amounts and enter at item G3:
>
Income earned from all GST-free supplies (other than exports, as these
were included above).
= $163,300
Notes:
> Any amounts included in this section should also appear in G1; and
> You should ensure that the supply is GST-free as discussed earlier.
Step 2 You may also need to consider some special rules, for example, if you:
(For further information about item G1, please refer to the ATO BAS Instructions Book
at pages 34 to 39.)
G2
G3
>
>
Account for GST using the simplified accounting methods for food retailers; or
Are a charitable institution making supplies at less than market value of
50% or 75% of cost (depending on the type of supply being made).
(For further information about item G3, please refer to the ATO BAS Instructions Book at
pages 40 to 42.)
Exports
Only complete this section, if you have made export sales.
Step 1 Add up the following amounts and enter at item G2:
>
>
>
G4
Only complete this section, if you have made input taxed supplies.
Step 1 Add up the following amounts and enter at item G4:
The free on board value of exported goods (this is the value used for
customs purposes) where the export is GST-free
(e.g. exported books, services etc);
Payments for the repair, processing, modification of goods from overseas
which will be exported following repair etc; and
Payments for goods used up in carrying out the repair etc.
>
= $10,000
Notes:
= $Nil
Notes:
> Any amounts included in this section should also appear in G1.
> You should ensure the requirements have been met in order for your supply to be treated as
GST-free and that you have the appropriate documents to support this.
> Any amounts included in this section should also appear in G1; and
> You should ensure that the supply is input taxed.
(For further information about item G4, please refer to the ATO BAS Instructions Book at
pages 42 and 43.)
(For further information about item G2, please refer to the ATO BAS Instructions Book at pages
39 and 40.)
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3
G5
G7
Adjustments
You will have adjustments where, in an earlier tax period, you have paid GST or claimed an
input tax credit and, because of some event that has occurred in a later tax period, the
amount previously paid or claimed is no longer correct.
The following are some examples of why adjustments may be necessary:
> There was a change in consideration due to a discount, rebate or refund;
> A bad debt was written off or you recovered some amount that was previously written
off as a bad debt;
> You take the goods out of the business for private purposes; or
> Your use of a good changes and you start to use it more or less for private purposes or
to make input taxed supplies.
In many instances, where an adjustment occurs, you are required to issue an adjustment
note which is similar to a tax invoice.
(For further information about adjustment notes, please refer to ATO Ruling GSTR 2000/1.)
Adjustments relating to both your supplies and acquisitions are dealt with in this section.
You Have Two Options to Account for Adjustments:
1 Increase or decrease the appropriate supply or acquisition item(s) (either G1, G10 or G11
usually) on the BAS by the adjustment amount(s) which occurs in the same tax period
(you may use this method for adjustments which occur in previous tax periods only where
separate accounts are maintained for the adjustment eg. rebate account); or
2 Show the net adjustment at either G7 or G18.
Where you elect to increase/decrease the relevant acquisition/supply item(s) by the
adjustment amount(s), you will show any change for your sales or other supplies at G1.
If the change relates to exports, other GST-free supplies or input taxed supplies, also
show the change at G2, G3 or G4. Where there is a change to the consideration for
your acquisitions, you will show the change at G10 or G11. If the change relates to a
non-creditable acquisition, also show the change at G13, G14 or G15.
If you elect the option to show net adjustments, you will enter an amount at either G7
or G18 depending on whether you have an overall net increasing or net decreasing
adjustment. Therefore, if you chose this method, consider these two items together to
determine which item it is you need to complete. This method is discussed below.
(For further information about adjustments, please refer to the ATO BAS Instructions Book
at pages 59 to 73.)
35
36
3
Determining If You Have A Net Increasing Or Decreasing Adjustment
Where it is necessary for you to make adjustments you need to determine whether you have
a net increasing or a net decreasing adjustment. To determine this you need to:
>
>
>
6. Add together your decreasing adjustments for supplies and acquisitions [the sum of
(2) and (4) above].
> If your increasing adjustments from (5) above are greater than your decreasing
adjustments from (6) above, you need to enter the difference between the two amounts
at G7 - this is a net increasing adjustment;
> if your decreasing adjustments from (6) above are greater than your decreasing
adjustments from (5) above, you need to enter the difference between the two amounts
at G18 - this is a net decreasing adjustment.
Notes:
> You should not enter amounts at both item G7 and G18. Only one item will need to be
completed with either your net increasing or net decreasing adjustment, as described above;
> You do not make adjustments to correct mistakes made in a previous BAS. If you make an
honest mistake and you voluntarily tell the ATO about it, any penalty that applies will be
remitted in full. However, you will have to pay interest on any understated tax or
overclaimed credit. To rectify a mistake, you must lodge a Revised Activity Statement
which can be obtained from the ATO; and
> You do not have an adjustment if something is returned merely for repair or maintenance.
Calculating An Increasing Or Decreasing Adjustment For Supplies
Step 1 Calculate the amount of your adjustments for supplies
>
>
>
37
If the new amount is greater than the old amount for a supply, you will
have an increasing adjustment (because you have not paid enough GST on
the supply). Record the difference between the two amounts as an increasing
adjustment on a separate sheet of paper.
If the new amount is less than the old amount for a supply, you will have a
decreasing adjustment (because you have paid too much GST on the earlier
supply). Record the difference between the two amounts as a decreasing
adjustment on a separate sheet of paper.
You need to do this for all adjustment events in relation to your supplies.
If the new amount is less than the old amount for a supply, you will
have an increasing adjustment (because you have claimed too much
input tax credit in respect of the acquisition). Record the difference
between the two amounts as an increasing adjustment on a
separate sheet of paper.
If the new amount is greater than the old amount for a supply,
you will have a decreasing adjustment (because you claimed too
little as an input tax credit in respect of the earlier acquisition).
Record the difference between the two amounts as a decreasing
adjustment on a separate sheet of paper.
38
3
Determining the Net Adjustment
G8
($Nil)
G6 + G7 = G8
$13,200 + $Nil = $13,200
(For further information about item G8, please refer to the ATO BAS Instructions Book at
page 44.)
If the increasing adjustment above exceeds the decreasing adjustment, you have a net
increasing adjustment - you will enter the difference between these two amounts at G7.
Alternatively, If the decreasing adjustment above exceeds the increasing adjustment, you
have a net decreasing adjustment - you will enter the difference between these two amounts
at G18.
G9
Carry out the following calculation and transfer to item 1A on the front of your BAS:
AMOUNT
SUPPLIES
Increasing adjustments
Decreasing adjustments
GST Payable
ACQUISITIONS
$0
Increasing acquisitions
$198 Decreasing acquisitions
AMOUNT
TOTALS
$0
$110
$0
$308
$308
Dividing the GST-inclusive amount of your supplies by 11, gives you the GST that you are
required to account for to the ATO. You are required to transfer this amount to item 1A on
the front of your BAS.
(For further information about items G9 and 1A, please refer to the ATO BAS Instructions Book
at page 44.)
You have now completed the part of the Calculation Sheet that relates to supplies
that you make.
We will now look at completing the acquisitions side of the Calculation Sheet.
39
40
3
The following provides a summary of all items that need to be completed for acquisitions
that you make, if you are completing all the fields on the Calculation Sheet for GST
purposes. After the summary, we will consider each of the fields in more detail.
Once again, if you are using the GST derived from accounts option, the items you must
complete are indicated by "**".
Capital Acquisitions
A capital acquisition is the purchase of assets that you use in carrying on your business that
you treat as capital in your accounts. See the examples opposite
ITEM
**G10
**G11
**G12
G13
G14
G15
G16
G17
G18
G19
**G20
Enter the total of acquisitions that you make of capital items for the tax period.
>
>
Enter the total of other acquisitions that you make for the tax period
(these would be non-capital items).
Add items G10 and G11 (G10+G11). This gives you the total of your acquisitions for the tax period.
Enter the total of the acquisitions that you made that relate to input taxed supplies that you make
(if any). Note: You will also have included these acquisitions at items G10 or G11 above.
Enter the total of all acquisitions that you made that you did not pay GST on (ie. they were GST-free).
Note: You will also have included these acquisitions at items G10 or G11 above.
Enter the total amount that you estimate that the acquisitions were used for private purposes or that
were not deductible for income tax purposes.
Note: You would also have included these acquisitions at items G10 or G11 above.
Add items G13, G14 and G15 (G13+G14+G15).
This gives you the total of the acquisitions for which you are not able to claim any input tax credits.
Deduct item G16 from item G12 (G12-G16).
This gives you the total of your acquisitions for which you are entitled to claim an input tax credit.
Enter your net decreasing adjustment at this item, (if applicable).
Add items G17 and G18 (G17+G18). This will give you the total of your acquisitions including
adjustments for which you are entitled to an input tax credit.
Divide item G19 by 11 (G19/11). This will give you the amount of your input tax credit.
Transfer the amount from item G20 to item 1B on the front of the BAS.
>
>
>
>
Step 2 Make sure you have not included amounts for acquisition for which you are
not entitled to an input tax credit or which should go at another item, for example:
>
>
>
You should note at the outset that there are two types of acquisitions to be recorded. At
G10, you record capital acquisitions and at G11 you record other (non-capital) acquisitions.
>
>
Where any of the examples above apply to you, we suggest that you seek advice from your
tax accountant, business advisor or the ATO.
Step 3 You may also need to consider some special rules, for determining the
amount to include at item G10, for example, if you:
>
>
>
(For further information about item G10, please refer to the ATO BAS Instructions Book at
pages 47 to 49.)
41
42
3
G11
Other Acquisitions
Other acquisitions are acquisitions that you make in carrying on your business that are not
treated as capital in your accounts. See the examples below.
G12
Total Acquisitions
$55,000 + $550 + $220 + $550 + $330 + $220 + $1,320 + $440+ $1,300 + $33 =
$59,963
This gives you the total of both your capital and non-capital acquisitions.
Step 1 Add up the following amounts and enter at item G11:
>
>
Non-capital goods that you acquire for carrying on your business; and
Expenses incurred in carrying on your business.
(For further information about item G12, please refer to the ATO BAS Instructions Book
at page 54.)
G13
Notes:
> This item should include the GST-inclusive value of all acquisitions made as part of
carrying on your business during the relevant tax period;
You are not entitled to claim input tax credits to the extent that an acquisition that you have
made relates to the making of input taxed supplies by you.
Only complete this section, if you have made input taxed supplies.
> It should also include the total GST-inclusive value of acquisitions that are used partly
for business purposes and partly for private purposes. As you will see below you are
required to deduct the GST-inclusive amount to the extent that it is used for private purposes.
Example:
>
>
>
Step 2 Make sure you have not included amounts for the following:
>
>
> Any amounts included in this section should also appear in G10 or G11; and
> You should include a percentage of the GST-inclusive amount of the acquisition that
relates to the making of input taxed supplies.
Step 2 Make sure you have not included amounts for the following:
>
Step 3 You may also need to consider some special rules, for determining the
amount to include at item G11, for example, if you:
Step 3 You may also need to consider some special rules, for determining
the amount to include at G13, for example, if you:
>
>
>
>
>
>
>
>
>
Account for GST using the simplified accounting methods for food retailers;
Import goods for use in your business;
Acquire second-hand goods as trading stock;
Provide insurance;
Provide refunds for returnable containers;
Have expenses for long term accommodation;
Acquire rights from overseas (e.g. you buy software from someone overseas); or
Deal with associates (ie related parties).
(For further information about item G13, please refer to the ATO BAS Instructions Book at
pages 54 and 55.)
(For further information about item G11, please refer to the ATO BAS Instructions Book at
pages 50 to 53.)
43
44
3
G14
This section records those acquisitions where you have not paid any GST, as the acquisition
was GST-free or input taxed. Therefore, you have no input tax credits to claim.
Step 1 Add up the following amounts and enter at item G14:
>
>
All acquisitions or importations on which you have not paid GST, as the
supply to you is either GST-free, input taxed or made by an
unregistered supplier; and
Any taxes, fees and charges where you have included them at G11,
but no GST was paid on them.
Notes:
> Any amounts included in this section should also appear in G10 or G11; and
> You should include a percentage of the GST-inclusive amount of the acquisition that
relates to private use or non-income tax deductible expenditure.
Examples of non-income tax-deductible expenditure include (note there are others):
>
Penalties payable under any Australian law or the law of a foreign country;
>
Certain travel expenses for relatives; and
>
Certain entertainment expenses.
(For further information about item G15, please refer to the ATO BAS Instructions Book
at pages 56 and 57.)
G16
Non-Creditable Acquisitions
> Any amounts included in this section should also appear in G10 or G11;
Step 2 Make sure you have not included amounts for the following:
>
>
Step 3 You may also need to consider some special rules, for determining the
amount to include at G14, for example:
>
>
The claiming of input tax credits for second-hand goods even though you did
not pay any GST to the person from whom the goods were purchased; and
Imported goods.
(For further information about item G14, please refer to the ATO BAS Instructions Book
at page 55.)
G15
G17
>
= $Nil
(For further information about item G16, please refer to the ATO BAS Instructions Book
at page 57.)
>
45
Adding together items G13, G14 and G15 gives you the total of your acquisitions for which
you are not entitled to claim an input tax credit.
Taking the acquisitions, for which you are not entitled to an input tax credit, away from your
total acquisitions, gives you the acquisitions for which you are entitled to an input tax credit.
(For further information about item G17, please refer to the ATO BAS Instructions Book
at page 57.)
46
3
G18
Adjustments
Exercise Solution
The completed supplies/acquisitions portion of the Calculation Sheet should look like this:
ITEM
G2
G3
G4
If you have a net decreasing adjustment, you will include the amount at G18.
G5
(For further information about item G18, please refer to the ATO BAS Instructions Book
at pages 57 to 58 and 59 to 75.)
G6
G7
G19
G8
G9
ITEM
$186,500
G10
$0
G11
$163,300
G12
$10,000
G13
$173.300
G14
$13,200
G15
$0
G16
$13,200
G17
$1,200
G18
G19
G20
$1,200 1B
G1
As explained at item G7, you will have adjustments where, in an earlier tax period, you have
paid GST or claimed an input tax credit and, because of some event that has occurred in a
later tax period, the amount previously paid or claimed is no longer correct.
AMOUNT
1A
AMOUNT
$5,500
$59,963
$65,463
$1,760
$1,333
$0
$3,093
$62,370
$308
$62,678
$5,698
$5,698
Carry out the following calculation and transfer to item 1B on the front of your BAS.
G19 divided by 11 = G20
$62,678 divided by 11 = $5,698
For most taxpayers these boxes are not relevant as the WET applies to wine wholesalers.
What is the Wine Equalisation Tax?
This is a tax payable by relatively few taxpayers on the last wholesale sale (sale to a reseller)
of wine in Australia. If untaxed wine is sold directly to a consumer then the tax will apply to
the sale or use of that wine. Most taxpayers will ignore items1C and 1D on the BAS.
The tax is imposed at the rate of 29% on the wholesale selling price of wine.
Alternative values are used in the calculation if the wine is not sold wholesale.
Dividing the GST-inclusive amount of your acquisitions by 11, gives you the GST that you
are able to claim as an input tax credit from the ATO. You are then required to transfer this
amount to item 1B on the front of your BAS.
(For further information about item G20 and 1B, please refer to the ATO BAS Instructions Book
at page 58.)
The Wine Equalisation Tax (WET) is required to be included in the BAS or IAS at item 1C
"Wine equalisation tax payable" for the relevant tax period.
If a refund is claimable this is shown at item 1D at the heading "Wine Equalisation Tax
Refundable".
Where the WET applies to you, we suggest that you seek advice from your tax accountant,
business advisor or the ATO.
[Reference; ATO BAS Instruction Book pages 77, ANTS (Wine Equalisation Tax) Act 1999.]
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48
3
1E 1F
A Luxury Car Tax (LCT) at the rate of 25% is payable on the value of a car above the luxury
car tax threshold, but excluding the GST component above the threshold. Essentially this
section in the BAS is to be completed only if the motor vehicles are:
> Not to be held by the purchaser as trading stock;
> Not more than 2 years old; and
> Not GST-free as exports.
The LCT can be payable on a second sale of a car within 2 years of its manufacture for a
greater consideration.
The definition of a car for tax purposes is subject to change depending on the purpose to
which the car will be put. The eligibility for the LCT takes into account the load and the
number of passengers the car is designed to carry.
A luxury car is a car with a GST-inclusive value that exceeds the luxury car tax threshold ie.
the GST-inclusive car depreciation limit for income tax purposes. The luxury car tax
threshold for the 2000-2001 financial year is $55,134.
LCT on importations of luxury cars will be generally paid with customs duty and in these
cases it will not appear on an Activity Statement.
However if you quote your ABN the LCT need not be paid at the point of importation but on
the next BAS subject to the following:
> The business must be registered for GST and therefore obliged to submit a BAS;
> The business intends to use the car for one of the following purposes, and for no other purpose:
> Holding the car for trading stock, other than holding the car for hire or lease;
> Carrying out research and development for the manufacture of the car; or
> Exporting the car in circumstances where the export is GST-free .
1G
A once only "special credit for wholesale sales tax" (WST) paid before 1 July 2000 on eligible
goods held as trading stock at 30 June 2000, is claimable by some taxpayers provided that:
> The taxpayer is registered for GST by 1 July 2000;
> The claim is made once only on a BAS or IAS at item1G lodged with the ATO in
respect of any reporting period ending on or before January 7, 2001;
> The stock in respect of which the WST has been paid is trading stock;
> Evidence of the WST paid is available and retained;
> All relevant records of the stock-take at 30 June 2000 are available to validate the
claim for the credit.
Eligibility Of Goods
Items for which the credit is claimable are those purchased or imported and held for sale or
exchange (but not for manufacture).
Items on which you may not claim the WST credit are:
> Second-hand goods, unless you imported them for sale or exchange and paid
sales tax on them;
> Plant and equipment which you have used in your business;
> Demonstration goods; or
> Goods for hire or lease.
(For further information please refer to the ATO BAS Instructions Book at page 99.)
Where the WST credit applies to you, we suggest that you seek advice from your tax
accountant, business advisor or the ATO.
(Reference: ATO Ruling GSTR 2000/8.)
The tax is required to be included in the BAS or IAS at item 1E "Luxury car tax payable" for
the relevant tax period. If a refund is claimable this is shown at BAS item 1F at the heading
"Luxury car tax refundable". Where the LCT applies to you, we suggest that you seek advice
from your tax accountant, business advisor or the ATO.
[Reference; ATO BAS Instruction Book pages 87, ANTS (Luxury Car Tax) Act 1999.]
49
50
4 PAY AS YOU GO
INTRODUCTION
PAYG is part of The New Tax System and is a single, integrated system for
reporting and paying:
>
>
Under PAYG Withholding, amounts are held back from particular kinds of payments or
transactions and paid to the ATO. Like the old PAYE system, the frequency of completing
the PAYG Withholding section of your BAS will vary depending on your classification.
ANNUAL AMOUNTS
WITHHELD
CLASSIFICATION OF
WITHHOLDERS
FREQUENCY OF
PAYMENTS
METHOD OF PAYMENT
Small
Manual or electronic
$25,000 - $1,000,000
Medium
Manual or electronic
Large
Weekly
Electronic only
PAYG Instalments
Note: According to the new PAYG Withholding regime, withholding applies to a total of 24 types
of payments. However, we deal only with those payments where the withholding must be
reported on the BAS/IAS. The other payments (royalties and payments to foreigners and so on)
from which tax must be withheld, have separate reporting and payment mechanisms that are not
covered by this workshop.
PAYG Withholding
Information from the PAYG Withholding transactions are recorded in four boxes on the
back of the BAS or IAS. The amount withheld and to be remitted to the ATO is totalled and
carried forward to the front of the form. The items covered in this section are:
>
>
>
>
>
W1
W2
W3
W4
4
51
52
4
W1
Item W1 is the gross amount (including the amounts withheld) of all payments made
(whether or not any tax was deducted).
These payments are generally for work or service. They include:
> Ordinary salary or wages paid to full-time, part-time and casual employees, including
overtime, penalties and shift allowances, and other allowances;
> Commissions, retainers, performance or incentive or bonus payments and holiday
leave loading;
> Severance, termination and redundancy payments;
> Directors fees and remuneration;
> Payments to office holders in any Federal, State, Territory or eligible local Government body;
> Payments for unused annual or long service leave;
> Eligible termination payments and superannuation type payments such as
pensions or annuities;
> Compensation, sickness and accident payments in respect of incapacity for work which
are made as regular or periodic payments;
> Payments made to workers by labour hire firms under labour hire arrangements;
> Payments made to an individual payee for work or services where the parties (payer and
payee) enter into a voluntary agreement that amounts will be withheld from those payments;
> Amounts paid as non-cash benefits, but not including amounts subject to Fringe Benefit Tax.
W2
Calculate the total amount of tax deducted from each of the payments listed in item W1.
The total amount withheld is reported at item W2.
This is essentially what you were required to do under the old PAYE or group tax regime.
However, you should ensure that you are using the personal income tax rates that apply
from 1 July 2000 as the tax rates for individuals have changed.
>
>
A voluntary agreement must be a written agreement between the payer and payee
that includes:
>
>
>
>
>
>
>
The ATO can provide you with a PAYG Voluntary Agreement Form (shown on the following
page) if you prefer to use a standard form for such arrangements.
53
54
4
Diagram showing checklist of when you can enter into a voluntary agreement
Is the payment under an arrangement, in
whole or in part, for the performance of
work or services?
YES
Is the payee an individual?
NO
NO
YES
Is the payment subject to any other PAYG
withholding?
YES
NO
Does the payee have an ABN?
NO
YES
Do the payer and payee agree to enter
into a voluntary agreement and to record
that agreement in writing?
NO
YES
You can enter into a PAYG voluntary agreement
If you do enter into a voluntary agreement the rate of withholding will be either the payees
instalment rate as notified by the ATO or a flat rate of 20%. The payer then withholds at the
appropriate rate from the gross amount payable after deducting any GST charged. The
payees instalment rate is a percentage figure normally used to calculate PAYG Instalments.
The ATO will generally notify payees of their instalment rates during July 2000. For the
purpose of voluntary agreements, the instalment rate used must be the rate notified by the
ATO - this is called the Commissioners Instalment Rate (CIR). The payee must disclose
their CIR or state they do not have one. If the payee has a CIR greater than 20%, the payer
must withhold at the CIR. If the payee has a CIR of 20% or less, the payer must withhold at
the flat rate of 20% unless the payer and payee agree to use the CIR. If the payees CIR is
not known at the time of the agreement, the flat rate of 20% applies.
W3
Item W3 is the amount of tax deducted from a payment arising from an investment where
the recipient has not quoted its TFN. The payments are generally interest, dividends or unit
trust distributions where a resident investor has not provided a TFN. However, the TFN
quotation rules only apply to certain types of investments including interest bearing
deposits, loans to government bodies or companies, units in a unit trust and shares in a
public company.
55
56
4
W4
Item W4 is the amount of tax deducted from any payment, in respect of the supply, where
the supplier does not quote their ABN.
Where another business supplies you with goods and services, they are required to quote
their ABN on their invoice or some other document before you make the payment.
Normally an ABN will be quoted on the suppliers invoice and you keep this invoice in your
business records. If their ABN is not quoted you are generally required to withhold from the
payment at the top marginal rate plus the Medicare levy (currently a total of 48.5%).
The calculation is made as follows:
Payment of invoice x 48.5% = amount required to be withheld.
Only the amount deducted, not the amount of the payment is reported at item W4.
Note: When the supplier does not provide you with an ABN, if the price quoted to you includes
GST, you cannot claim the GST input tax credit for that supply.
Are There Exceptions To Withholding When An ABN Is Not Quoted?
Yes. An amount need not be withheld where:
> The whole of the payment is exempt income of the supplier (e.g. the supplier is an income
tax exempt charity (ITEC). If you are an ITEC, you should provide the recipient of your
supply with some evidence that you are exempt from taxation, such as a copy of the notice
from the Commissioner of Taxation or a supplier statement. Exempt organisations can also
produce a statement that they create themselves which should contain:
> The name and address of the organisation;
> The type of organisation, such as a school, sports club or religious body;
> A statement that its income is exempt from tax under subdivision 50A of the Income Tax
Assessment Act 1997, and that therefore it does not need to quote an ABN and you
do not need to withhold from your payment; and
> The signature of an appropriate office holder.
> The payer is an individual paying a supplier for a supply of a private or domestic nature;
> The payment does not exceed $50 (excluding GST);
> The supplier is an individual under 18 years of age, is not your employee, and the
payments you make to that person do not exceed $120 per week;
The ATO has produced a form called a "Statement by a Supplier" which the supplier can
provide to you explaining the reason why the ABN is not quoted for the supply and asking
you not to withhold money from the payment you make to them. If a supplier provides such
a statement to you, you should keep the statement for five years.
4 Pay As You Go Withholding
The total amounts of tax withheld and reported at items W2, W3 and W4 are added together
and brought forward to the front of the BAS/IAS at item 4.
W2 + W3 + W4 = Item 4 (on the front of the BAS/IAS)
Flowchart
A flowchart is included to assist you in determining whether you have withholding
obligations that should be reported in a BAS or IAS.
Do you make payments to others for
work or service ?
e.g. salary wages, directors fees or
voluntary agreements
YES
NO
Do you pay dividends, interest or unit
trust distributions to others who have not
provided you with their TFN?
YES
NO
Have you made payments to a supplier
where the supplier did not provide you
with their ABN?
(Be satisfied that the supply is excluded
from the no ABN rule)
NO
YES
You are not required to withhold amounts from payments that you make to others
> The supply is wholly input taxed under the GST (this includes most financial supplies
and supplies of residential rent etc);
> The payment is to a non-resident who is not carrying on a business in Australia or
through an agent in Australia;
> The supply is made by a member of a local governing body under a State or Territory law; or
> The payee has made a written, signed statement that the supply is private or domestic
in nature, or relates to a hobby.
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58
4
OTHER PAYG WITHHOLDING OBLIGATIONS
>
>
>
>
>
>
>
You should also keep a copy of the payment summary to help prepare your annual report
for PAYG Withholding when no ABN is quoted. The annual report has to be sent to the ATO
by 31 October. The annual report will contain details for the financial year of all the amounts
you have withheld where no ABN was quoted and details of all the payment summaries
that you have issued. Annual report forms will be available from the ATO.
- W/H TAX
EXPENSE
PAYMENT TO
At the end of the financial year, you give each employee from whom you have withheld
amounts a payment summary which shows how much they were paid during the year and
how much was withheld. Where you withhold because a supplier did not quote you an
ABN, you should give the supplier an original and copy of a payment summary when you
pay them the remaining 51.5%. The payment summary is then included in their tax return.
This operates in a similar way to group certificates under the old PAYE system.
Payment Summary Forms are available from the ATO. If you want to create your own
payment summary form, it must contain:
Wages - S. Lowe
GST
Nil
*$150
$600
$30
Nil
$20
$220
$220
Nil
$48.50
$100
$51.50
$1850
Totals
Nil
*Nil
$30
$320
Plumber
Nil
*$80
$400
Electrician
$400
Allowance - S. Lowe
Nil
*$100
$500
Wages - B. Thomson
$450
Wages - C. Smith
CHEQUE
AMOUNT
$378.50
$20
$1,471.50
*Please note that these amounts are for illustrative purposes only and may not reflect the correct
amount of tax withheld.
Using the above information we will complete the calculation sheet of the BAS for the PAYG
Withholding section.
ITEM
DESCRIPTION
W1
W2
W3
W2
4
AMOUNT
$1,530
Total withheld from salary, wages & other payments
$330
Amounts withheld from investment distributions where no TFN is quoted
$Nil
Amounts withheld where no ABN quoted on invoice
$48.50
Sum of W2, W3 and W4
$378.50
The total amount to be remitted to the ATO for withholding payments is $378.50.
Because the Happy Charity withholds less than $25,000 they are only required to report
their withholding amounts on a quarterly basis.
In the first chapter of this manual, the example of the Happy Charity was used. The Happy
Charity is registered for GST so it will report its PAYG Withholding obligations on the BAS.
For the quarter, July through September, the Happy Charity had the following expenses
relating to employees and contractors. Also assume that the plumber did not provide an
ABN to the Happy Charity:
59
60
5 PAYG INSTALMENTS
INTRODUCTION
The PAYG Instalment system replaces the company tax instalment and
provisional tax systems for the 2000/2001 income year. Certain trading trusts
and, in some circumstances, trustees of fixed and discretionary private trusts
may also be required to remit tax under the PAYG Instalment system.
Non-profit organisations and ITECs that are endorsed as Income Tax Exempt are not
subject to the PAYG Instalment system and will not be required to complete items T1 - T4,
5A , 5B and 7 on the BAS/IAS. An ITEC will not have an Instalment Rate identified in box
T2 on their BAS/IAS. (See the chapters in this manual which deal with Income Tax exempt
status for non-profit organisations and charities to see if your organisation falls within one of
these categories).
Other organisations that do not have income tax exempt status will be subject to income
tax and the PAYG Instalment system.
5
An organisation must remit and lodge its BAS on or before 21 days after the end of the
relevant financial quarter. For those with a 30 June year end, the lodgment dates will be:
QUARTER ENDS
INSTALMENT IS DUE
ON OR BEFORE
30 September
21 October
31 December
21 January
31 March
21 April
30 June
21 July
For GST and PAYG Withholding tax purposes, the organisation may have to lodge more
often than quarterly e.g. monthly or weekly. In these circumstances, the PAYG Instalment
section of the BAS/IAS will only be completed quarterly.
Organisations currently remitting tax will receive an Instalment Rate Notice ("IRN")
from the ATO specifying the ATOs estimate of the organisations current year tax, called
Notional Tax and effective tax rate, called the Instalment Rate. Start-up organisations will
receive an IRN after lodging their first income tax return.
An organisation with a current IRN will be liable to remit income tax on their BAS/IAS using
one of the following methods:
To assist you to understand the PAYG Instalment section of the BAS/IAS we will use the
example of the Tindara Bowling Club. The Tindara Bowling Club is not an income tax
exempt organisation.
> One annual instalment based on the Notional Tax appearing on the IRN; or
> One annual instalment based on the organisations estimate of current year tax called,
Benchmark Tax; or
> One annual instalment based on income receipts x the Instalment Rate appearing on the
IRN (only available from the 2002/2003 income year); or
> Four financial quarter instalments based on the organisations estimate of its
Benchmark Tax; or
> Four financial quarter instalments based on the quarters income receipts x the
Instalment Rate appearing on the IRN.
An organisation may only choose to remit annually if its Notional Tax on its IRN is less than
$8,000 and:
> It is not registered or required to be registered for GST; or
> It is not a partner in a partnership that is registered or required to be registered for GST; or
> It is not a company in a GST instalment group or GST joint venture group.
All other organisations must remit PAYG Instalments quarterly and must lodge their annual
income tax return at the end of the income year as required by Government Gazette.
Any PAYG Instalments for that year will be credited to your assessment.
The relevant boxes on the BAS for PAYG Instalments are T1, T2, T3, T4, 5A, 5B and 7.
T1
Instalment Income
In box T1, an organisation will insert its total instalment income for the relevant period
(e.g. quarter).
Instalment income is essentially ordinary assessable income however it excludes exempt
income and statutory income (such as capital gains). Types of instalment income for
organisations would include:
>
>
>
>
>
>
Do not include in your gross ordinary income GST, Wine Equalisation Tax and Luxury Car
Tax that you charge to your customers.
You should also include the following income for each quarter where amounts have been
withheld from payments made to the organisation:
> For failing to quote a valid TFN (e.g. on a bank account); or
> For failing to quote a valid ABN.
Other amounts the organisation has withheld from payments it makes to others under
PAYG Withholding are not included in instalment income.
61
62
5
Tax is paid on capital gains when the organisation lodges its income tax return at the end of
the year.
The income period to which the organisation attributes instalment income will be
determined according to the ordinary rules of cash and accruals accounting.
The Tindara Bowling Club has the following receipts for the quarter ending 30 September 2000:
AMOUNT
RECEIPTS
Interest receipt
Commercial rent
Franked dividends
Gain on shares sale
Instalment Income to box T1
T2
INCLUDED OR
EXCLUDED
INSTALMENT INCOME
$12,000
Included
$25,000
Included
$18,000
Included
$30,000 Excluded
INCLUDED IN
CALCULATION FOR T1
$12,000
$25,000
$18,000
$0
$55,000
Instalment Rate
In item T2 the Commissioners Instalment Rate will be pre-printed. Where the organisation
has previously varied its Instalment Rate (discussed below) that varied rate will be preprinted in item T2. An organisation should only complete the PAYG Instalment section of
the activity statement if there is a figure pre-printed at T2 on the back of the activity
statement.
An ITEC organisation that has been endorsed by the ATO will not have an entry in T2 and
therefore, will not need to complete the PAYG Instalment section of the BAS.
The Instalment Rate represents the estimated tax rate payable by the organisation having
regard to the previous years deductions, and anticipated use of any carried forward losses
or favourable changes in the law that would otherwise be used to reduce the tax payable
(excluding capital gains). The Instalment Rate is calculated by the Commissioner based on
the last assessment information provided to the ATO.
T3
Where the Instalment Rate pre-printed in the T2 box would not correctly reflect the expected
tax liability for the income year, it may be varied to a rate chosen by the organisation.
There is no prescribed method to re-calculate a varied rate. Generally, the following formula
should be used:
Estimate of current year tax
Estimate of current year instalment income
x 100
The Instalment Income should be calculated based on the conditions stated above as for
the T1 box.
The Instalment Rate should be expressed to two decimal places (using rounding).
Care should be taken in estimating the above. If the estimated tax using the varied
instalment rate is less than 85% of the actual assessed tax at the end of the year, the
shortfall in tax will be subject to the General Interest Charge (approximately 18%).
If the Instalment Rate is varied, the organisation should insert the varied rate at item T3 and
calculate the tax for that period using that formula. You cannot revoke the instalment rate
you have chosen for a quarter after you have notified the ATO of the rate.
Assume that due to a contraction of the activities of the Tindara Bowling Club, the club wishes to
reduce its Instalment Rate:
$22,400
$240,000
x 100
The varied rate is estimated to be 9.33% and is inserted into item T3.
You need to decide whether to use the Commissioners Instalment Rate or whether to use a
varied Instalment Rate. If you do not vary the Instalment Rate, go directly to box 5A of the
front of the activity statement.
Assume that the Tindara Bowling Club has a pre-printed instalment rate of 18.25%
63
64
5
T4
5B
Where the Instalment Rate is varied at box T3, the reason for the variation should be stated
at box T4. The appropriate codes are as follows:
CODE
REASON
01
You will only need to complete 5B if you varied your Instalment Rate. Where the
organisation has varied the Instalment Rate in box T3 so that it is less than the Instalment
Rate pre-printed in box T2, some of the tax previously paid will be refunded or will be off-set
against other liabilities on the BAS. If there is an amount to be off-set or refunded, it will be
shown in item 9 on the BAS.
The amount of the credit to be off-set or refunded will be calculated as follows:
02
Step 1
Expected utilisation of losses of a revenue or a capital nature
Step 2
Significant (abnormal) transactions affecting income or expenses
Change in trading conditions affecting income or expenses
Step 3
Domestic or foreign financial market changes
Step 4
Change in investment strategies or policies
Step 5
Change in products mix
Step 6
Business expansion or contraction
03
04
05
06
07
08
09
10
Total of all instalments from previous quarters for the current income year (even if not paid).
(Total in box 5A in each previous BAS in that income year).
Total all the credits claimed in previous quarters for the current income year.
(Total in box 5B in each previous BAS in that income year).
Subtract the amount in step 2 from the amount in step 1 above.
Total all the Instalment Income from all the previous quarters for the current year.
(Total the box T1 in each BAS).
Multiply the total for step 4 above by the varied Instalment Rate in the box T3 on the current BAS.
Subtract the amount at step 5 from the amount at step 3 above.
If the amount is a positive figure, the amount of your credit or refund is that amount.
11
12
Using the balance sheet of the Tindara Bowling Club the refund is calculated as follows:
13
Tindara Bowling Clubs reason for the variation is a contraction of the clubs
activities. The code 09 is inserted in box T4
5A
7
T1 ($55,000) x T3 (9.33%) = $5,131.50.
Insert $5,131 in box 5A.
If you have varied your instalment rate, continue to box 5B.
1.
2.
3.
4.
5.
6.
$31,390
$0
$31,390
$172,000
$16,048
$15,342
The Instalment Income in box T1 is multiplied by the Instalment Rate in either box
T2 or T3 (depending on whether the Instalment Rate is varied) to produce the total
instalment payable.
65
Companies will pay their 1999/2000 income tax at various periods during the 2000/2001
income year. These payments will span the implementation date of the new PAYG
Instalment system. Companies may experience cash flow problems when paying their
1999/2000 instalments and current year PAYG Instalments concurrently. To alleviate any
cash flow problems, the 1999/2000 instalments below may be waived and/or the portion of
assessed tax may be deferred and repaid over the period stated.
66
The formula for determining the amount of the instalment that you may defer is as follows:
>
Steps for working out the maximum amount you can defer:
>
>
Work out the amount of your assessed tax for the 1999/2000 income year and the amount of your
final instalment for that income year;
Step 2
Using your amount of assessed tax for 1999/2000 and information in the following table, work out
the maximum amount you can defer. You can choose to defer less than the maximum amount;
Step 3
Step 4
Work out your quarterly instalment account based on the amount you have chosen to defer at Step 3.
Use the following formula and information in the table below to do this.
Step 1
WAIVE THIRD
INSTALMENT
MAXIMUM AMOUNT
THAT MAY BE
DEFERRED
< $8,000
Yes
$8,000 - $300,000
Yes
> $300,000
No
Example:
Table for working out the maximum amount you can defer:
AMOUNT OF ASSESSED
TAX FOR 1999/2000
NUMBER OF QUARTERLY
PAYMENTS
What Is A Benefit?
Similarly, "benefit" is defined broadly to include "any privilege, right, service or facility".
21
21
10
The Tindara Bowling Clubs assessed tax for the 1999/2000 income year was
$47,450. Likely tax was $10,750 per tax instalment under the Company Instalment
System (COIN).
What Is An Associate?
The definition of "associate" is taken from the income tax legislation and is very broad. It
includes not only natural persons who are related to the employer or the employee (as the
case may be) but also companies and trusts that are "related" to the employer or employee.
For example, a trustee of a trust is an associate of each beneficiary of the trust and their
relatives. A company is an associate of the persons who control it.
If a benefit is provided not only "in respect of employment" but also for other reasons, it
will be deemed to be "in respect of employment". The onus is on the employer to show
otherwise. So, an interest free loan to an owner of a business who is also employed in the
business will prima facie be in respect of employment unless the owner can prove
otherwise.
It can be seen from the above brief description that the reach of the FBT legislation is very
wide indeed.
The Tindara Bowling Club paid 1st and 2nd instalments of likely tax on 01/06/00
& 01/09/00 (a total of $21,500). The Club elects to waive the third instalment
due on 01/12/00.
On 01/03/01 the Club may and does choose to defer 42% of assessed tax
(42% x $47,450 = $19,929).
The Club must pay 58% of assessed tax (52% x $47,450 = $27,521).
Since the Club has paid $21,500 already, it must make a further payment on
01/03/01 of $6,021 when it lodges its income tax return for the year ended
30/06/00 on 01/03/01. This amount is not included in the BAS.
The $19,929 will be payable by 21 equal quarterly instalments each of $949.
The Tindara Bowling Club will insert $949 in each quarterly BAS at item 7.
67
68
6
RATE OF TAX
The rate of FBT is the equivalent of the top marginal rate of income tax including the
Medicare levy; that is 48.5%.
However because of the difference between company income tax rates and the FBT rate,
and the treatment of some benefits for income tax purposes up until 31 March 1994, there
were significant after-tax savings to be made by some employees "salary sacrificing" part of
their salary in exchange for the provision of fringe benefits.
To restore equality of tax treatment to salary paid by way of cash and salary paid by way
of benefits, important changes were made to the calculation of FBT and the income tax
treatment of fringe benefits effective from 1 April 1994. (Note: The FBT year runs from
1 April to 31 March.) In brief, the majority of benefits are now treated in the same manner
for income tax purposes. The amount of FBT is deductible for income tax purposes
(where previously it was not) and a "gross up factor" (1.9417 before the arrival of GST)
was introduced into the FBT legislation to calculate the taxable value of a fringe benefit.
The following example illustrates that it may now be disadvantageous to enter into a salary
sacrifice arrangement unless the amount being sacrificed is at the top marginal tax rate.
Even where the salary sacrifice is at the top marginal rate, a break-even result will be
achieved unless the benefit is exempt or concessional. In this example the fringe benefit is
an expense payment fringe benefit, say the payment of $10,000 in school fees incurred by
the employee in respect of the education of the employee's children.
CONCESSIONAL BENEFITS
A number of benefits are taxed concessionally by being assessed at reduced values.
These include remote area benefits, in-house benefits and benefits for overseas postings.
If a fringe benefit is used for business purposes, in whole or part, a rule known as the
"otherwise deductible" rule applies to reduce the value of the fringe benefit by the
business component.
CASH SALARY
Total Remuneration
Less
Benefits
FBT $10,000 multiply 1.9417 multiply 48.5%
SALARY SACRIFICE
$60,000
$60,000
($16,480)
($10,000)
$33,520
Adjusted salary (after packaging)
Less
Income tax and Medicare levy
School fees
Cash remaining
$60,000
($10,000)
($9,417)
$40,583
($9,164)
$31,490
The employee is $2,101 worse off by the salary sacrificing in this example.
COST TO EMPLOYER
School fees
FBT
Cash salary
Tax deduction 36%
Cost to employer
69
CASH SALARY
SALARY SACRIFICE
$60,000
$60,000
$21,600
$38,400
$10,000
$9,417
$40,583
EXEMPT BENEFITS
There are a number of categories of fringe benefits that are exempt. They include specified
benefits provided:
> To employees of public benevolent institutions;
> To employees of government bodies who perform duties exclusively in or in
connection with a public hospital that is a public benevolent institution;
> To certain categories of employees of religious institutions;
> To live-in residential care workers;
> To live-in domestic workers employed by religious institutions or by
religious practitioners;
> To live-in help for elderly and disadvantaged persons;
> In respect of certain work-related health issues (medicals, counselling, etc);
> In respect of certain work-related items; and
> In respect of compassionate travel.
This list is not exhaustive.
$60,000
$21,600
$38,400
70
6
VALUATION OF FRINGE BENEFITS
The FBT legislation contains the valuation rules to enable each category of fringe benefits to
be valued. Some of these are quite straightforward.
Example:
>
>
EMPLOYEE REMUNERATION
Total Remuneration
Less
Benefits
FBT $10,000 multiply 1.9417 multiply 48.5%
multiply 52%
In other cases the valuation rules are more complex. The valuation of car fringe benefits,
car parking fringe benefits and housing fringe benefits are good examples. They generally
involve the application of statutory formulae. The valuation rules for car fringe benefits are
generally seen as being concessional in nature, particularly the statutory formula method of
valuation. This is because the valuation rules assume a certain amount of business travel
and the percentage of assumed business travel increasing with the number of kilometres
travelled per year. For example, if a vehicle travels more than 25,000 kilometres in a FBT
year but is used primarily for private purposes, the valuation rules will allow a business
component higher than is actually the case.
Because of the reforms which took place from 1 April 1994 many employers ceased
providing fringe benefits other than motor vehicles, car parking, superannuation and work
related items. Any tax advantages that might have remained from sophisticated
remuneration planning strategies were seen to be offset by the costs of administration of
the salary sacrifice schemes. The new, lower income tax rates operative from 1 July 2000
have made salary sacrifice arrangements less attractive than before.
CASH SALARY
SALARY SACRIFICE
$60,000
$60,000
($10,000)
($4,897)
$60,000
$45,103
($16,480)
($10,000)
($10,587)
Cash remaining
$33,520
$34,516
The employee is $996 better off by the salary sacrificing in this example.
REBATABLE EMPLOYERS
There are a number of categories of "rebatable" employers. They are listed in sub-section
65J(1) of the FBT legislation which is reproduced on page 104 of this manual at Schedule A.
By and large these are non-profit bodies. The effect of the rebate is to reduce their FBT
liability by 48%. In practical terms, the granting of the rebate is designed to recognise that
the non-profit employers do not pay income tax and therefore do not derive any benefit
from the reforms effective from 1 April 1994 that made FBT an income tax deductible
expense. However, the effect of providing this rebate so that the employer will not be
disadvantaged has been to make salary sacrifice arrangements very attractive for employees
of these employers. The following example illustrates this when compared with Example 1
on page 69.
Under this legislation, the ceiling for public and non-profit hospitals is fixed at $17,000 per
employee and applies from 1 April 2000. The ceiling that applies to public benevolent
institutions that are not a hospital and to rebatable employers is $30,000 per employee
and will apply from 1 April 2001.
It is important to note that these figures are the "grossed up" amounts so that the actual
value of the fringe benefits that will continue to receive exempt or rebatable treatment is
slightly over one-half of those respective amounts. In simple terms, it is a matter of
determining the aggregate taxable value of fringe benefits provided to a particular employee
after deducting any excluded fringe benefits, applying the appropriate gross up factor
and deducting $17,000 or $30,000 (as the case may be) from the grossed up figure.
The exemption or rebate will apply to the first $17,000 or $30,000. If there is a surplus,
the surplus amount will be subject to FBT at the normal FBT rate.
Similar procedures will apply to rebatable employers. The rebate will apply to the first
$30,000 grossed up value of fringe benefits. The surplus over and above that figure will
be subject to FBT at the normal rates.
Where an employer qualifies for both exempt and rebatable benefits (e.g. a religious
institution) the exempt calculation rules will apply in respect of benefits provided to
exempt employees and the rebatable calculation rules will apply in respect of all other
benefits provided.
71
72
6
Lodgment Of FBT Returns
Previously the FBT return was due for lodgment by 28 April or, where the notional FBT
liability was less than $3,000, by 28 May. However, from the FBT year ended 31 March 2001
onwards the FBT return is due for lodgment by 21 May.
F3
If you do not wish to vary your FBT Instalment amount, you do not have to complete F3.
If you wish to vary your FBT Instalment amount, you work out the amount of your varied
FBT Instalment for the quarter using the following formula:
(Estimated total FBT payable x relevant fraction) - (previous instalment liabilities less any
previous credits claimed).
You are required to complete the FBT Instalment section of your activity statement if your
previous year's FBT liability was $3,000 or more.
The estimated total FBT payable is the amount you have recorded at F2.
If you lodge monthly activity statements and pay FBT quarterly, you complete the FBT
instalment section only after the end of each quarter. You will report your FBT Instalments
on your activity statements that are due on 21 July, 21 October, 21 January and 21 April.
If your previous year's FBT liability was less than $3,000 you pay your FBT at the end of the
FBT year. If your previous year's FBT liability was $3,000 or more you pay your FBT
Instalments quarterly.
When you lodge your FBT return in respect of the year ended 31 March, you make a
balancing payment (if any is required) when your annual FBT liability exceeds the
instalments you have paid.
Lodging Your First Activity Statement
If you had a FBT liability of $3,000 or more in the previous year your FBT Instalment will be
preprinted at F1 on your activity statement.
Previous instalment liabilities are the sum of the amounts you have recorded at 6A on your
previous activity statements for the FBT year.
Any previous credits claimed are the sum of the amounts you have recorded at 6B on your
previous activity statements for the FBT year.
If the varied FBT Instalment amount for the quarter is a positive amount, write it at F3.
If it is a zero or negative amount, write zero at F3.
Example:
F1
If you do not wish to vary your FBT Instalment amount transfer the amount preprinted at F1
to 6A on the front of your activity statement.
F2
If you do not wish to vary your FBT Instalment amount, you do not have to complete F2.
If you estimate that your total FBT payable for the FBT year ended 31 March will be different
from your previous year's FBT liability, you may pay varied instalments based on your
estimated liability. However if your estimate of the FBT payable by you is less than 85% of
the FBT ultimately assessed for the year, and you have paid instalments on the basis of your
estimate, you may be liable to pay the General Interest Charge.
Lucky Pty Limited has a notional tax amount of $40,000. The FBT Instalment
amount payable in both the first and second quarters is $10,000,
that is a total of $20,000.
In the third quarter, several executives resign and ABC Pty Limited estimates
that its FBT liability for this year will be reduced to $16,000.
This amount is recorded at F2.
The varied FBT Instalment amount for the third quarter is a negative
amount calculated as follows:
($16,000 x .75) - $20,000 = negative $8,000
Estimate your total FBT payable for the year ended 31 March. Write your estimated total FBT
that will be payable for the year at F2.
73
74
6
F4
If you do not wish to vary your FBT Instalment amount, you do not have to complete F4.
If you have varied your FBT Instalment amount, you must tell the ATO why you decided to
vary the amount. You should choose from the list below the code that best describes why
you have decided to vary your FBT Instalment amount.
6B
If you have written a positive amount at F3 and transferred that amount to 6A, you do not
complete 6B.
If you have written zero at F3 and 6A, you may get an FBT Instalment credit using the
following formula:
CODE
REASON
(Previous instalment liabilities plus FBT Instalment for this quarter less any previous credits
claimed) - (estimated total FBT payable x relevant fraction)
01
Previous instalment liabilities are the sum of the amounts you have recorded at 6A on your
previous activity statements for the FBT year.
02
03
Fewer employees
04
05
06
07
If you are using the FBT Instalment amount preprinted at F1, transfer that amount to 6A.
If you have varied your FBT Instalment amount for the quarter, transfer the varied FBT
Instalment (even if that amount is zero) recorded at F3 to 6A.
FBT Instalment for this quarter is the amount you have recorded at 6A on this activity
statement.
Note: It should be zero.
Any previous credits claimed are the sum of the amounts you have recorded at 6B on your
previous activity statements for the FBT year. Estimated total FBT payable is the amount you
recorded at F2.
(Refer to relevant fractions on page 74.)
Example:
Lucky Pty Limited has a notional tax amount of $40,000. The FBT Instalment
amount payable in both the first and second quarters is $10,000, that is a total
of $20,000. This represents the previous instalment liabilities. In the third quarter
several executives resign and Lucky Pty Limited estimates that its FBT liability for
the entire year will now be reduced to $16,000. This amount represents the
estimated total FBT payable. It is the amount recorded at F2.
Lucky Pty Limited's FBT Instalment for this quarter will be zero, that is ($16,000 x .75) $20,000 because the calculation for F3 purposes has given a negative amount. Therefore,
zero is recorded at F3 and also at 6A. The fraction of .75 has been used in the calculation
because the calculation is being made for the third quarter ended 31 December. Lucky Pty
Limited has an instalment credit of $8,000. That is ($20,000 plus $0 - $0) - (16,000 x .75).
This amount is recorded at 6B.
75
76
INTRODUCTION
You will now have completed the required fields to enable you to determine your net
amount of tax payable/refundable for the tax period. Depending on whether you are filing an
IAS, monthly or quarterly BAS, you will make one of the following calculations.
Charities are not automatically exempt from income tax. A new system of
endorsing charities for income tax exemption commenced on 1 July 2000.
For a charity to become income tax exempt or continue to be income tax
exempt, endorsement from the ATO is compulsory. Endorsement replaces
current income tax exemption confirmation arrangements.
Subtract 8B (amount the ATO owes you) from 8A (amount you owe the ATO)
If the result at 9 on your IAS, monthly or quarterly BAS is a positive, this is the amount you
must pay the ATO by the date shown at A6 in the top right-hand corner of the front of your
activity statement.
If the result at 9 is a negative amount, this is the amount the ATO owes you. The ATO will
credit this amount to your nominated financial institution account within 14 days of your
correctly completed activity statement being lodged if you do not have any other
outstanding tax debts or activity statements. Failure by the ATO to refund any amount
within 14 days will result in additional interest compensation.
WHAT IS A CHARITY?
A charity is an entity established for altruistic purposes that are regarded as charitable.
The criteria for working out whether you are conducting a charity is established by
Common Law, that is, case judgments. The characteristics of a charity are:
>
>
>
>
>
77
78
7
THE EFFECT OF BEING ENDORSED AS AN INCOME
TAX EXEMPT CHARITY ("ITEC")
Being endorsed as an ITEC gives you important income tax concessions. An ITEC:
If a charitable institution has a physical presence in Australia, it must pursue its objectives
and incur its expenditure principally in Australia. Principally means mainly or chiefly.
Less than 50% is not mainly.
Once you have an ABN, the second step is receiving endorsement as an ITEC.
A separate endorsement form is required to be completed and lodged with the ATO.
A charitable institution may still meet the physical presence test even if it does not,
in fact, pursue its purposes and incur its expenditure mainly in Australia, to the extent
it has a physical presence in Australia. This will depend on its distributions of
disregarded amounts.
Disregarded Amounts
Disregarded amounts are amounts that the charitable institution receives as:
CHARITABLE INSTITUTIONS
It is assumed that any offshore distributions are made first from any disregarded amounts
that are able to be distributed offshore. If a disregarded amount cannot be distributed
offshore, the assumption does not apply to it.
For example, government grants made only for use in Australia and gifts of land physically
in Australia are not assumed to be distributed offshore.
The effect of making this assumption is that offshore distributions can be made up to the
total of these amounts without jeopardizing entitlement to endorsement.
79
Example:
80
7
Deductible Gift Recipient Test
Deductible gift recipients are entities to which donors can make income tax deductible gifts.
A charitable institution is entitled to ITEC endorsement if it is a deductible gift recipient but
will still need to formally apply to the ATO for endorsement as an ITEC separately.
YES
CHARITABLE FUNDS
NO
YES
NO
Consists of assets
received on or after
1 July 1997
(under a will, or
given other than in
return for valuable
consideration)
and any
income from
them.
Consists of all
property not
included in the
"new trust".
The flowchart on the next page will assist you in determining whether a charitable fund will
be entitled to endorsement.
Does the charitable fund, or the
"new trust", meet at least
one of the four tests?
The charitable
fund or the
"new trust",
is not entitled to
be endorsed.
81
NO
FOUR TESTS:
1. Australian Purposes
It incurs its expenditure principally in
Australia, and pursues its purposes solely
in Australia, and has done so at all
times since 1 July 1997.
2. Deductible Gift Recipient
It is a deductible gift recipient.
3. Australian distribution
It distributes solely, and has at all times
since 1 July 1997 distributed to charities
that, to the best of its knowledge, are
located in Australia, incur their
expenditure principally in Australia and
pursue their purposes solely in Australia.
4. Gift Distribution
It distributes solely, and has at all times
since 1 July 1997 distributed solely to
charities that, to the best of its knowledge,
are deductible gift recipients.
YES
The charitable
fund the "old
trust" or the
"new trust",
is not entitled to
be endorsed.
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7
Charitable Funds Not Established By Will Before 1 July 1997
To be endorsed, charitable funds that were not established by will before 1 July 1997 must be
established in Australia and must meet at least one of four additional tests. The tests are:
1.
2.
3.
4.
83
These requirements are to the best of the trustees knowledge. It will be sufficient if the
trustee received written confirmation from the recipient and the trustee does not have
reasonable grounds for doubt.
The old trust is entitled to endorsement, provided its charitable fund has an ABN and is
being applied for the purposes for which it was established.
If a charitable fund does not distribute solely in the required ways it might still meet the
test. This will depend on its distributions of disregarded amounts. (See explanation on
disregarded amounts above.)
The new trust must meet one of the four tests (outlined above). The charitable fund, of
which the new trust is a part, must have an ABN. The new trust does not need a separate
ABN. If the new trust meets the additional tests, the whole of the charitable fund will
effectively be entitled to endorsement.
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7
Certain Charitable Funds Cannot Be Endorsed
The charitable funds outlined below will only be exempt from income tax if they fall
into some other income tax exempt category and meet the requirements of that
particular exemption.
Charitable funds that cannot be endorsed are:
> Charitable funds established by will from 1 July 1997 which are not established in
Australia; and
> Charitable funds established by instrument of trust which are not established in Australia.
All other charities must be endorsed to be exempt from income tax.
Revoking Endorsement
The ATO can revoke an ITECs endorsement if:
> It is not entitled to be endorsed; or
> It has not provided information or documents within the specified time after a
request by the ATO.
The ATO will provide written notice of the revocation.
If an ITECs endorsement is revoked, it is taxable from the date the endorsement ceases.
Review Rights
If endorsement is refused or revoked, the ATO will provide you with a clear explanation of
its decision. The ATO will also review its decision if you request it to do so. You also have
the right to ask the ATO for a review by lodging an objection against the refusal. The ATO
will then conduct a review and advise you of their decision on your objection and provide
reasons for the decision.
If you are dissatisfied with the ATOs decision regarding your objection, you may have a
right to review by the Administrative Appeals Tribunal or by the Federal Court.
85
There are two important clauses which must appear in your constituent documents or
constitution for you to be classified as non-profit. Acceptable clauses to indicate non-profit
character are:
1. Non-Profit Clause
"The assets and income of the association shall be applied solely in furtherance of its
above-mentioned objects and no portion shall be distributed directly or indirectly to the
members of the association except as bona fide compensation for services rendered or
expenses incurred on behalf of the association."
2. Dissolution Clause
"In the event of the association being dissolved, the amount that remains after such
dissolution and the satisfaction of all debts and liabilities shall be transferred to
any association with similar purposes which is not carried on for the profit or gain
of its individual members."
3. Exemptions
Clubs, societies and associations that are not charities can self assess their income
tax status and do not need to apply to the ATO for income tax exemption.
Only some specified groups of organisations are exempt from income tax.
Types of clubs, societies and associations that can be exempt from income tax
are listed below:
>
>
>
>
>
>
>
>
>
>
Cultural organisations;
Community service organisations;
Educational organisations;
Employment organisations;
Friendly societies;
Health organisations;
Religious organisations;
Resource development organisations;
Scientific organisations;
Sporting organisations.
Many of these organisations will qualify for exemption as charities or charitable institutions.
The requirements for those that do not qualify as charitable are set out below.
Most of these categories have further requirements for income to be tax exempt.
The requirements for each category are set out below.
Cultural Organisation
You will be exempt from income tax if:
> You are a non-profit society, association or club;
> You are established for the encouragement of art, literature or music or musical purposes;
> You are not a charity; and
> You meet at least one of three additional tests outlined at the end of this section on page 92.
The main purpose of the organisation must be the encouragement of art, literature or
music or musical purposes. To work out your main purposes, you should look at your
constituent documents, activities, use of funds and your history. Any other purpose of the
organisation must be incidental, ancillary or secondary to the musical purposes or
encouragement of art, literature or music.
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7
The words art, literature and music are not defined in the legislation and take their
natural meaning. For this exemption, art includes drama and ballet as well as painting,
architecture and sculpture. Literature includes a wide range of written or printed works,
including works in different languages. Music includes the performance of vocal or
instrumental works and covers various styles.
The means of encouraging can include training, performing, displaying, providing
information, studying, judging and critiquing. Professional associations set up to advance
the common interests of their members do not have the required purpose.
There are further conditions these organisations must meet to be exempt from income tax.
They must meet at least one of the three tests explained at the end of this section.
Community Service Organisation
You will be exempt from income tax if:
>
>
>
>
The main purpose of the organisation must be community service purposes. To work out
your main purpose, you should look at your constituent documents, activities, use of funds,
and your history. Any other purpose of the organisation must be incidental, ancillary or
secondary to the community service purposes.
Community service purposes are altruistic. That is, community service organisations are
established and operated with regard to well being and benefit of others.
Community service organisations promote, provide or carry out activities, facilities or
projects for the benefit or welfare of the community or any members who have a particular
need by reason of use, age, infirmity or disablement, poverty or social or economic
circumstances.
Examples of community service organisations are:
> Non-profit childcare centres, including those providing long day care facilities,
after school care, and day child care in activity caravans;
> Associations of justices of the peace;
> Associations of playgroups;
> Traditional service clubs;
> Community service clubs; and
> Pensioner or senior citizens associations.
Educational Organisation
You will be exempt from income tax if:
> You are a public educational institution;
> You are not a charity; and
> You meet at least one of the three tests referred to at the end of this section on page 92.
A public educational institution is an institution that is available or open to the public or a
section of the public and whose dominant purpose is providing an education. Any other
purpose of the organisation must be incidental or ancillary to providing public education.
Education in this context does not extend to merely providing information or lobbying.
Examples of public educational institutions are:
>
>
>
>
Many other organisations connected with education are not public educational institutions.
Examples are parents and friends committees and a scholarship provider.
Employment Organisation
Three types of employment organisations can be exempt:
1. Trade unions;
2. Employee associations that are registered under a commonwealth, state or territory
law relating to the settlement of industrial disputes; and
3. Employer associations that are registered under a commonwealth, state or territory
law relating to the settlement of industrial disputes. (An employer association that
is not registered cannot qualify as a trade union.)
To be exempt, these three types of organisations, must:
> Be located in Australia; and
> Pursue their objectives and incur their expenditure principally in Australia.
The exemption does not apply to investment income from superannuation, life assurance
and accident and disability insurance business of some registered trade unions and
employee associations.
Organisations that seek to advance the common interests of their members are not
altruistic and so cannot be community service organisations. If an organisation's main
purpose is lobbying or political, its income will not be exempt.
To be exempt from income tax, a community service organisation must also meet one of
the three tests outlined at the end of this section.
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7
Friendly Societies
An organisation is exempt on some of its income if:
Religious Organisations
You will be exempt from income tax if:
>
>
>
>
It is a friendly society;
It is not a friendly society dispensary;
It is non-profit; and
It meets at least one of the three tests referred to at the end of this section on page 92.
It is a public hospital; or
It is carried on by a non-profit society or association; and
It is not a charity; and
It meets at least one of the three tests referred to at the end of this section on page 92.
A hospital is an institution in which patients are received for continuous medical care
and treatment for sickness, disease or injury. Providing accommodation is integral to a
hospital's care and treatment. Clinics that mainly treat ambulatory patients who return
to their homes after each visit are not hospitals. However, day surgeries that provide beds
for patients to recover after surgery may be hospitals. Homes to provide nursing care for
feeding, cleanliness and the like are not hospitals. However, nursing homes for persons
suffering from illness are accepted as hospitals. Hospices for the terminally ill will
generally be hospitals. Minor outpatient and nursing care will not prevent an institution
being a hospital. Examples of non-profit hospitals include those run by churches and
religious orders.
Aviation;
Tourism;
Agricultural resources of Australia;
Aquacultural resources of Australia (for 1999/2000) and later years;
Fishing resources of Australia (for 1999/2000) and later years;
Horticultural resources of Australia;
Industrial resources of Australia;
Manufacturing resources of Australia;
Pastoral resources of Australia; or
Viticultural resources of Australia.
Aviation, tourism and the various resources have their ordinary meaning. Industrial
resources include building, mining, quarrying, shipping and transport, but do not include
business and commercial resources such as insurance and services such as surveying.
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7
Promoting development can be by various means, including research, providing facilities,
training, improving marketing methods, facilitating co-operation, and the like.
Sporting Organisation
You will be exempt from income tax if:
The main purpose of the society, association or club must be promoting the development
of the relevant resources. To work out your main purpose, you should look at your
constituent documents, activities, use of funds, and your history. Any other purpose of the
organisation, must be incidental, ancillary or secondary to promoting the development of
the relevant resources.
>
>
>
>
The main purpose of the society, association or club must be the encouragement of a
game or sport or animal racing. If your main purpose is providing social and recreational
facilities and activities, you will not be exempt. This is the case even if you also give
money to encourage games, sports or animal racing.
The words "game" and "sport" are not defined and take their ordinary meaning.
Games and sports extend to athletic games or sports (such as football and swimming)
and non-athletic games (such as chess and bridge). They do not extend to stamp collecting,
keeping and showing pets, making modern railways, maintaining vintage cars and various
social and recreational pursuits. Encouragement of the games or sports extends to less
direct means, such as research or testing, developing referees and
providing sporting facilities.
The animal racing exemption covers horse racing and trotting, and greyhound racing but
also extends to the racing of other animals.
Three Tests
Some organisations will only be exempt from income tax if they meet at least one of three
tests. The three tests are:
1. Physical presence in Australia;
2. Deductible gift recipient; and
3. Prescribed by law.
Physical Presence In Australia Test
This test has two elements:
> Do you have a physical presence in Australia?
> To the extent you have a physical presence in Australia, do you pursue your objectives
and incur your expenditure principally in Australia?
Physical Presence
An organisation has a physical presence in Australia if it is wholly in Australia, or it has a
division, branch or sub-division in Australia. It does not have a physical presence in
Australia if it is present in Australia only through an agent, or it merely owns investment
property in Australia.
One condition is that the fund is a deductible gift recipient. Deductible gift recipients are
entitled to receive income tax deductible gifts. To meet the other condition the fund must:
> Be established to enable the scientific research to be conducted principally in Australia by
or in conjunction with a public university or public hospital;
> Be located in Australia; and
> Incur its expenditure principally in Australia.
In working out whether expenditure is principally incurred in Australia the fund can
disregard any distributions it makes of amounts it received as gifts or government grants.
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92
DEDUCTIBLE GIFT
RECIPIENT ENDORSEMENT
Objectives And Expenditure Principally In Australia
If an organisation has a physical presence in Australia only, it must pursue its objectives
and incur its expenditure principally in Australia. Principally means mainly or chiefly.
Less than 50% is not principally.
The pursuit of objectives in Australia can include things done offshore if they are only a
means of pursuing those objectives. Minor offshore expenditure is acceptable. If the
organisation has a physical presence in Australia as well as another country, it is necessary
to work out the extent to which it is physically present in Australia. Then it is only to that
extent that the purposes and expenditure must be principally in Australia.
This means that an organisation which, when viewed as a whole, does not principally
have its purposes and expenditure in Australia can still meet the physical presence in
Australia test.
An organisation may still meet the physical presence in Australia test even if it does not, in
fact, pursue its purposes and incur its expenditure principally in Australia, to the extent it
has a physical presence in Australia. This will depend on its distributions of disregarded
amounts. (See the discussion on disregarded amounts referred to on page 80.)
Deductible Gift Recipient Test
The deductible gift recipient test requires that you are a deductible gift recipient.
Deductible gift recipients are entities to which donors can make income tax deductible gifts.
(See chapter 8 for details.)
Prescribed By Law Test
Organisations can be prescribed by name in the income tax legislation. The government
decides which institutions will be prescribed. At the time of publication, only one
organisation has been prescribed for these purposes. Applications for prescription can be
sent to the ATO which will forward them to the government for consideration. If you are not
listed by name in the income tax regulations for exemption purposes, you do not meet this
test. If you are prescribed, to meet this test you must also be located outside Australia and
be exempt from income tax in your country of residence.
INTRODUCTION
Certain organisations can receive income tax deductible gifts. They are
called Deductible Gift Recipients (DGR). From 1 July 2000, a new system of
endorsing organisations as DGRs will commence. Specific endorsement of gift
deductible status will be required from that date. Organisations that qualify
under one or more of the categories set out in the gift provisions of the
income tax law are entitled to be endorsed. Endorsement replaces current
DGR confirmation arrangements.
Organisations that are specifically mentioned by name in the income tax law do not have
to apply for endorsement. Examples of such organisations are Amnesty International,
Landcare Australia Limited and the National Nurses Memorial Trust. (There are currently
fewer than 150 of these organisations and they are set out in the DGR table - listed by name.
You can find the DGR table on page 20 in the ATOs "Gift Pack".)
For other organisations to be DGRs, they must fall within a category set out in the income
tax law. These categories are listed in the DGR table - general categories. There are various
categories of DGRs within each group. The DGR groups are:
Health
Includes non-profit hospitals, public funds for public and non-profit hospitals, public
authorities for research and public institutions for research.
Education
Includes public universities, public funds for the establishment of a public university, higher
education institutions, residential educational institutions, Commonwealth residential
educational institutions, affiliated residential institutions, TAFE, public funds for religious
instruction in government schools, Roman Catholic public funds for religious instruction in
government schools, school building funds, public funds for rural school hostel buildings
and life education companies.
Research welfare and rights
Includes approved research institutes, the Commonwealth, public benevolent institutions,
public funds for public benevolent institutions, public funds for persons in necessitous
circumstances.
Defence
Includes the Commonwealth or a state and public institution or public funds for members
of the armed forces.
Environment
Includes public funds on the register of environmental organisations.
Industry, trade and design
Includes the Industrial Design Council of Australia, the Productivity Promotion Council of
Australia and the Work Skill Australia Foundation Incorporated.
The family
Includes public funds for an approved marriage guidance organisation.
International affairs
Includes overseas aid funds.
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8
Sports and recreation
Includes a Guides branch and a Scout branch.
Philanthropic trusts
There are no general DGR categories for this DGR group.
Cultural organisations
Includes public funds on the register of cultural organisations, public libraries, public
museums, public art galleries and institutions consisting of a public library, public museum
and public art gallery or any two of them.
Ancillary funds
This category covers funds with the following characteristics: the fund is a public fund;
it is established and maintained under a will or instrument of trust; it is allowed, by the
terms of the will or instrument of trust to invest gift money only in ways that an Australian
law allows trustees to invest trust money; and it is established and maintained solely for the
purpose of providing money, property or benefits to DGRs or the establishment of DGRs.
An ancillary fund must be established exclusively for these purposes. It must not carry
on any other activities.
Each category or sub-category is given an item number. You will use the item number for
the category that you fall into when filling out your application for deductible gift recipient
status. The instructions that come with your application form also provide item numbers
for each category.
Example:
>
>
As well as falling into a general DGR category, there are further conditions to be met for an
organisation to become a DGR. These are:
> The "in Australia" condition; and
> The need to be endorsed by the ATO.
The "in Australia condition" applies to all DGR categories (except ancillary funds).
If you are a public fund, you will be in Australia if your establishment, control, donors and
assets are predominantly in Australia and your purposes or beneficiaries are in Australia,
unless you are an overseas aid fund (item number 9.1.1) or a public fund on the register of
environmental organisations (item 6.1.1).
95
The condition or misfortune relieved by a PBI must be such poverty, sickness, suffering,
distress, misfortune, disability or helplessness as arouses pity or compassion in the
community. Not all degrees of distress or suffering would necessarily have such an effect.
Courses provided;
Subjects taught;
Methods of assessment used and certificates awarded;
Teaching qualifications required of the instructors; and
Number of pupils.
If you are not a public fund you will be in Australia if your establishment and operations and
your beneficiaries or purposes are predominantly in Australia.
Deductions for gifts are claimed by the person or organisation that makes the gift (the
donor). A donor can be an individual, company, trust or other type of taxpayer. Donors can
claim deductions for most gifts they make to a DGR. When a donor makes a tax deductible
gift, it reduces the donors taxable income but cannot create or add to a tax loss.
If a deductible gift recipient is not endorsed by the ATO, donors cannot claim tax
deductions for their gifts.
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8
WHAT TYPES OF GIFTS ARE DEDUCTIBLE?
GIFT TYPES
RECIPIENTS
VALUATIONS
$2 or more
money, including foreign currency
paid by cash, cheque, credit card or
electronically
Trading stock
Trading stock disposed of outside the
ordinary course of business
Not all payments to DGRs will be a gift (e.g. purchase of raffle tickets, purchases of
chocolates and membership fees).
Cultural gifts
Property under the Cultural Gifts
program
Cultural bequests
Property under the Cultural Bequests
Program
National Estate
Places listed in the Register of the
National Estate
Does not cover testamentary gifts
Most, but not all, types of gifts are tax deductible. There are various limits depending on the
type of DGR, valuation and other factors.
For a donor to claim a deduction for a gift, there are several requirements:
>
>
>
>
For the payment to "really be a gift" it will have the following characteristics:
However, enlarging the acknowledgement into forms of advertising would prevent the
payment being a gift.
Gift Types
To be deductible, a gift must be of money or property that is covered by one of the gift types
and must meet the other conditions outlined. We have provided brief detail in the following
table. (More detail is available in the ATOs "Gift Pack" pages 61 to 68.)
Gift Conditions
For some DGRs, there are extra conditions affecting the sorts of deductible gifts they
can receive. The gift may only be tax deductible:
> Between certain dates; or
> For a specific use.
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8
HOW DO YOU OBTAIN ENDORSEMENT AS A DGR?
A DGR seeking endorsement must first obtain an ABN. DGRs that indicate on their ABN
application that they are, or consider themselves entitled to be, an income tax exempt
charity will be sent out applications for endorsement.
Where current DGR status has been confirmed by the ATO, the endorsement process is
streamlined where an organisation quotes its current DGR900/DGR number. If you are not
sure of your DGR number you can contact the ATO for this information. This number will
go into the endorsement form and will expedite your application.
There are two types of endorsement:
> Where an entity falls within a DGR category; and
> Where a fund, authority or institution that is operated by an entity falls within a
DGR category.
If an entity falls within a DGR category in its own right, it is the entity that is endorsed.
Entities for these purposes include corporations, unincorporated associations, trusts,
partnerships and government entities.
The second type of endorsement applies if a fund, authority or institution is part of an
entity. For this type of endorsement, it is the entity that must be endorsed, but it is only
endorsed for the particular fund, authority or institution. For this type of endorsement, the
endorsement does not make the entity into a DGR in its own right. Only gifts made to the
fund, authority or institution can be deductible.
If an entity operates more than one fund, authority or institution, it will need a separate
endorsement for each.
You can apply to the ATO for endorsement if you:
>
>
>
>
Have an ABN;
Fall in a DGR category or operate a fund, authority or institution that falls in a DGR category;
Maintain a gift fund; and
Are in Australia, or your fund, authority or institution, is in Australia.
Gift Funds
An organisation must have a gift fund to be endorsed as a DGR. It must maintain the gift
fund after endorsement in order to keep DGR status. A gift fund is a separate fund that a
DGR maintains to receive gifts of money and property made for its principal purpose. A gift
fund can act as a conduit for passing on gifts to beneficiaries of the DGR or as a means of
purchasing goods and services that the DGR uses in carrying out its principal purpose.
A gift fund has the following characteristics:
>
>
>
>
>
>
It is a fund;
It is maintained for the principal purpose of the entity or of the fund, authority or institution;
All gifts of money or property for that purpose are made to it;
Any money received by the entity because of such gifts is credited to it;
It does not receive any other money or property;
The fund is used only for the principal purpose of the entity or of the fund,
authority or institution; and
> The entity is required by a law, its constituent documents or governing rules to transfer
any surplus assets of the fund to another gift deductible fund, authority or institution
when the fund is wound up or the DGR endorsement revoked, whichever is earlier.
If an organisation seeks DGR endorsement in its own right it must establish a gift fund for
the organisation as a whole.
If an entity seeks endorsement for a fund, authority or institution that it operates, it must
establish the gift fund for that part of its organisation only.
DGR endorsement is separate from income tax exemption. DGRs that are charities will
need to apply separately for endorsement as an income exempt charity. DGRs that are not
charities should check whether they may be considered as another kind of income tax
exempt charity.
If an entity is not maintaining a gift fund, it cannot be endorsed as a DGR.
Receipts
All DGRs, whether they are endorsed or listed by name in the income tax law, must provide
specified information when they issue receipts for tax deductible gifts.
The receipt must state:
> The name of the fund, authority or institution to which the gift has been made;
> The DGRs ABN (if any);
> The fact that the receipt is for a gift.
The other information commonly included on receipts which will help donors make their
claims for income tax deduction includes:
> The amount of money donated;
> A description of any gifts or property;
> The date of the gift.
Endorsement can be revoked if a DGR fails to give specified information on receipts.
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8
CHANGING YOUR PURPOSES OR ACTIVITIES
QUESTION
If your main purposes and activities, or those of your fund, authority or institution, change
substantially you will need to advise the ATO.
If an entity changed its goal from "providing housing for impoverished persons" to "providing
accommodation for persons in needy circumstances", this is not a substantial change.
If an entity changes its activities from mainly caring for young orphans to mainly providing
sporting facilities for all school-aged children in its district, this would be a substantial
change.
A substantial change should be reported to the ATO and may result in your status as a DGR
being revoked.
9. Was your organisation established for charitable purposes?
> If you did not answer Yes to one or more of the above questions, your organisation may
not have been established for an exempt purpose and therefore you may not get an
income tax exemption.
> If you answered Yes to Question 9, you may be a charity. If you are a charity you will
need to seek endorsement as an ITEC in order to get an income tax exemption.
You will need to undertake a thorough self-assessment if you wish to become endorsed as
an ITEC or DGR under the Endorsement of Gift Deductible Recipients and Income Tax
Exempt Charities legislation (ROGATE). On completion of the self-assessment task you
should have a clearer idea of which income tax exemptions may apply to your organisation
and which areas you will need further assistance with. If you do not know the answers to the
these questions you should seek further advice.
QUESTION
YES
NO
NO
A substantial change is one that affects the things that qualify you to be a deductible gift
recipient. A substantial change will not arise merely because of a change of name or a
change in government funding arrangements.
The following checklist will assist you in determining your income tax status under The New
Tax System.
YES
QUESTION
YES
NO
10. Do the day-to-day activities of your organisation reflect the purposes for
which you were established?
11. Have you applied for or, are you planning on applying for, an ABN?
> If you answered No to Question 10, your organisation may not be judged to be operating
for an exempt purpose and will therefore not get a tax exemption.
> If you answered No to Question 11, you will not be eligible to be endorsed as an ITEC or
DGR. You may also not be eligible to claim an income tax exemption as a
non-profit organisation.
Specific Questions For ITECs
QUESTION
> If you have answered No to any of the above questions, you may not be entitled to claim
an income tax exemption. Furthermore you may not be classed as non-profit and will be
subject to the $50,000 threshold that applies to organisations that do not fall within the
non-profit category.
YES
NO
> If you answered No to both Questions 13 and 14 you may not be endorsed as an ITEC
unless you are able to be endorsed as a DGR.
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102
ADDITIONAL
INFORMATION
8
Specific Questions for Charitable Funds
QUESTION
SCHEDULE A
YES
NO
17. Was your fund established by will before 1 July 1997?
18. Have you received assets since 1 July 1997 for which you
did not give valuable consideration?
(i)
> If you answered No to both Questions 15 and 12, you may not be a charity and will
therefore not be eligible for ITEC or DGR status.
> If you answered Yes to Question 16 you will need to provide further evidence to be
endorsed as an ITEC.
> If you answered No to both Questions 17 and 18 you may be eligible to be
endorsed as an ITEC.
Specific Questions for DGRs
> If you do not want to receive tax deductible gifts, you do not need to be endorsed as a DGR.
YES
(ii)
(iii)
(b)
20. Do you have a 900 DGR number?
21. Have you previously received written confirmation from the ATO that
you are able to receive tax deductible gifts?
22. Are your purposes and activities the same as they were when you
received written confirmation from the ATO?
> If you answered Yes to Question 20 your status as a DGR has been reviewed recently and
there should be no problem receiving endorsement as DGR, however you will still need to
apply for endorsement.
> If you answered Yes to both Questions 21 and 22, you will still need to seek endorsement
but the process should be reasonably straight forward.
> If you answered Yes to Questions 23 to 25 it is likely that you will be eligible to be
endorsed as a DGR. Answering No to Questions 23 to 25 does not mean that you
cannot be endorsed as a DGR. (You should refer to the ATOs "Gift Pack" to
determine whether or not your particular organisation may be eligible.)
is not conducted for the purpose of profit or gain to the persons or body
of persons conducting it;
(c)
(d)
(e)
a trade union;
(f )
(g)
(h)
(i)
(j)
(k)
(l)
25. Are you a fund established with the intention of receiving contributions
from the public, that receives contributions from the public and is
administered with the participation of the public?
(ii)
23. Were you established for the direct relief of poverty, sickness, destitution,
suffering or misfortune and for the benefit of the community or part of it?
(ba) a school (including a pre-school but not including a tertiary institution) that:
(i)
although established by or under a law of the Commonwealth, a State
or Territory, is not conducted for or on behalf of the Commonwealth, a State or
a Territory; and
NO
103
a religious institution;
QUESTION
104
9
GLOSSARY
"Acquisition"
Acquisition is a very broad term. It includes the things you buy (goods and services) for
your enterprise. It also includes many other transactions, such as when you obtain advice or
information, take out a lease of business premises or hire business equipment.
"Adjustment Note"
An adjustment note is generally issued by a supplier. It gives details of changes to
consideration for a supply. You will need to obtain an adjustment note from the supplier
before you can make an adjustment to claim additional input tax credits for an acquisition
for which you have been required to pay more.
"Adjustment Period"
An adjustment period is the tax period in which you may need to make some adjustments
for acquisitions or importation. These are the adjustments to claim more or pay back some
input tax credits because your planned use of an acquisition or importation in your
enterprise has changed. The adjustment period for these adjustments is the tax period
which ends as close as possible to 30 June. All other adjustments are done in the tax period
in which you find out about the need to make the adjustment. This may not be the tax
period which ends on 30 June.
"Adjustments"
Adjustments are changes you may need to make on your activity statement to increase or
decrease your net GST amount payable or refundable for a tax period. The changes may be
needed to:
> Increase or decrease the GST payable on supplies you have made because something
has happened so that the amount of GST payable by you included on a previous
activity statement is no longer correct; or
> Increase or decrease the input tax credits for your acquisitions because something has
happened so that the amount of input tax credits you claimed on a previous activity
statement is no longer correct.
"Apportionment"
Pro-rata of input tax credits between creditable and non-creditable purposes.
"Attributions"
Attribution rules determine which tax period your GST payable and input tax credits belong
to, that is, which tax periods they are attributed to. The rules for attributing GST payable
and input tax credits to tax periods are different, depending on whether or not you account
on a cash basis.
"ATO"
Means the Australian Taxation Office.
"Australian Business Number (ABN)"
The Australian Business Number is the new identifier for your dealings with the ATO and
for future dealings with other departments and agencies.
"Base Assessment Instalment Income"
So much of your assessable income from the latest assessment of your most recent income
year as the Commissioner determines is instalment income.
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"Benchmark Tax"
The tax attributable to your taxable income for the year, reduced by the tax attributable to
any capital gains included in assessable income and your credits for amounts withheld from
payments to you.
"Business Activity Statement"
A Business Activity Statement is the form you use to account for GST and some other tax
obligations. An activity statement must be lodged with the ATO for each tax period.
"Charity"
A charity is an institution or fund established for a charitable purpose. Charitable purposes
are those which the law regards as charitable. The term "charitable" has a technical legal
meaning which is different from its every day meaning. Charitable purposes are:
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"Charitable Fund"
A charitable fund is a fund established under an instrument of trust or a will for a charitable
purpose. Charitable funds mainly manage trust property, and/or hold trust property to make
distributions to other entities or persons.
"Charitable Institution"
A charitable institution is an institution that is established and run to advance or promote a
charitable purpose.
"Consideration"
Consideration for GST purposes has a wide meaning. Any payment (in money or anything
else) made in return for a supply is consideration. Consideration includes doing something
or not doing something in response to a supply, or to get someone to make a supply.
"Creditable Purpose"
You acquire a thing for a creditable purpose if you acquire it for carrying on your enterprise
except if it is for making input tax supplies. Something acquired for private use is not for a
creditable purpose.
"DCITA"
The Commonwealth Department of Communication, Information Technology and the Arts.
"Deductible Gift Recipient (DGR)"
A DGR is an entity that is entitled to receive income tax deductible gifts. All DGRs have to
be endorsed, unless they are named specifically in the income tax law. There are two types
of DGR endorsement, one for entities in their own right and the other for an entity that is
only a DGR in relation to a fund, authority or institution it operates. The second type, only
gifts to the fund, authority or institution are tax deductible.
"Enterprise"
An enterprise includes a business. It also includes other commercial activities but does not
include hobbies. It includes the activities of entities such as charities, deductible gift
recipients, religious and government organisations, and certain non-profit organisations.
"Entity"
An entity is an individual (e.g. a sole trader, a body corporate, a company), a sole
corporation (an ongoing paid office, e.g. a bishopric), a body politic, a partnership, an
unincorporated association or a body of persons, a trust, or a superannuation fund.
THE NEW TAX SYSTEM MANUAL
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"Fringe Benefits Tax (FBT)"
FBT is the tax payable by employers who provide fringe benefits to their employees or
associates of their employees.
"Goods and Services Tax (GST)"
GST is a broad based tax of 10% on the supply of most goods, services and anything else
consumed in Australia and the importation of goods into Australia.
"GST-Free"
If a supply is GST-free, you do not charge GST on the supply, but you are entitled to input
tax credits for anything acquired or imported for use in your activities.
"Income Tax Exempt Charity (ITEC)"
An ITEC is a charity that has been endorsed by the ATO as exempt from income tax.
"Input Tax Credits"
When you pay GST on any taxable supplies you purchase or acquire for use in your
activities, you can claim these amounts (called "input tax credits") back from the ATO.
"Notional Tax"
Generally, the equivalent of tax that would have been payable on your business and
investment income, excluding capital gains, for your most recent income tax for which an
assessment has been made. Capital gains are not excluded for approved deposit funds,
pooled superannuation trust, superannuation funds and life insurance entities. The ATO will
notify you of your notional tax amount.
"Parent Entity"
If an entity decides to register a branch for GST reporting purposes, the entity will be called
the parent entity.
"Instalment Income"
Generally speaking, instalment income is your total ordinary income for the period for
which you are paying the instalment.
"Instalment Rate"
A percentage figure worked out by the ATO based on the information in the most recent
assessment for your most recent income year for which an assessment has been made. It is
calculated by dividing your notional tax by your base assessment instalment income, then
multiplying the result by 100. Instalment rate is calculated to two decimal places.
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"Non-Profit Sub-Entity"
Certain non-profit organisations with independent branches (units) have the option of
treating their units as if they were separate entities for GST purposes and not part of the
main organisation. A non-profit sub-entity of a charity is not entitled to its own separate
ITEC endorsement.
"Statutory Income"
Income other than ordinary income included in an entity's assessable income. Examples
are: net capital gains, some royalties and dividend imputation credits.
"Supplies"
Supplies include the goods and services you sell as part of your activities. Not all supplies
are taxable supplies. Supplies include other transactions such as providing advice or
information, leasing out commercial premises or providing hire equipment.
"Taxable Supplies"
The term is widely defined to include most supplies (goods, services and anything else) you
make. A supply is not a taxable supply if it is GST-free or input taxed.
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"Tax Invoice"
A tax invoice is a document generally issued by the supplier. It shows the price of a supply,
indicating whether it includes GST, and may show the amount of GST. It must show other
information, including the Australian Business Number of the supplier. You must have a tax
invoice before you can claim an input tax credit on your activity statement (except for small
amounts). If you do not have a tax invoice you should delay in making a claim until you do.
"Tax Period"
A tax period is the length of time for accounting for GST on your activity statement. It may
be quarterly or monthly. Quarterly tax periods are periods of three months ending on 30
September, 31 December, 31 March and 30 June. Monthly tax periods end on the last day of
each calendar month. An activity statement must be lodged for each tax period.
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NOTES
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