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Tax invoices and GST credits

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BUSINESS<br />

SEGMENT<br />

BUSINESSES THAT<br />

CLAIM <strong>GST</strong> CREDITS<br />

AUDIENCE<br />

FACT SHEET<br />

FORMAT<br />

NAT 12358-11.2004<br />

PRODUCT ID<br />

<strong>Tax</strong> <strong>invoices</strong> <strong>and</strong> <strong>GST</strong> <strong>credits</strong><br />

This fact sheet explains what is a valid tax invoice for<br />

claiming a <strong>GST</strong> credit <strong>and</strong> what you need to do to have<br />

a tax invoice decision reviewed.<br />

CLAIMING <strong>GST</strong> CREDITS<br />

To claim a <strong>GST</strong> credit, you must be registered for <strong>GST</strong> <strong>and</strong> have<br />

a tax invoice for purchases that cost more than $55 (including<br />

<strong>GST</strong>). To claim a <strong>GST</strong> credit for purchases that cost $55 or less<br />

(including <strong>GST</strong>), you should have some documentary evidence<br />

to support your claims, such as cash register dockets, receipts<br />

or <strong>invoices</strong>. You should keep your tax <strong>invoices</strong> <strong>and</strong> other <strong>GST</strong><br />

records for five years.<br />

Your supplier must be registered for <strong>GST</strong> before you<br />

can claim a <strong>GST</strong> credit on a purchase. If you are in doubt<br />

you can:<br />

■ ask if the supplier is registered for <strong>GST</strong><br />

■ check the Australian Business Register (ABR)<br />

at www.abr.gov.au<br />

■ phone 13 72 26 to confirm the supplier’s Australian<br />

business number (ABN) is valid, or<br />

■ phone 13 28 66 for advice.<br />

WHAT IS A VALID TAX INVOICE FOR CLAIMING<br />

<strong>GST</strong> CREDITS?<br />

<strong>Tax</strong> <strong>invoices</strong> must include certain information. If you use an<br />

incorrect or incomplete tax invoice to claim a <strong>GST</strong> credit, the<br />

<strong>GST</strong> credit may not be allowed.<br />

A valid tax invoice for taxable sales that total less than<br />

$1,000 must contain:<br />

■ the words ‘tax invoice’ stated prominently<br />

■ the name of the seller<br />

■ the Australian business number (ABN) of the seller<br />

■ the date of issue of the tax invoice<br />

■ a brief description of the things sold<br />

■ the <strong>GST</strong>-inclusive price of the taxable sale, <strong>and</strong><br />

■ the <strong>GST</strong> amount. This can be shown separately or, where<br />

the <strong>GST</strong> to be paid is exactly 1/11 of the total price, as a<br />

statement along the lines of ‘total price includes <strong>GST</strong>’.<br />

A valid tax invoice for taxable sales that total $1,000 or more<br />

must contain:<br />

■ the words ‘tax invoice’ stated prominently<br />

■ the name of the seller<br />

■ the ABN of the seller<br />

■ the name of the buyer<br />

■ the address or ABN of the buyer<br />

■ the date of issue of the tax invoice<br />

■ the quantity of the goods or the extent of the services sold<br />

■ a brief description of the things sold<br />

■ the <strong>GST</strong>-inclusive price of the taxable sale, <strong>and</strong><br />

■ the <strong>GST</strong> amount. This can be shown separately or, where<br />

the <strong>GST</strong> to be paid is exactly 1/11 of the total price, as a<br />

statement along the lines of ‘total price includes <strong>GST</strong>’.<br />

If the tax invoice is for a taxable sale <strong>and</strong> either a <strong>GST</strong>-free or<br />

input taxed sale, the tax invoice must also show:<br />

■ each taxable sale<br />

■ the amount of <strong>GST</strong> to be paid (for the taxable sales), <strong>and</strong><br />

■ the amount to be paid for the total sale.<br />

For more information about tax <strong>invoices</strong>, refer to:<br />

■ Providing valid tax <strong>invoices</strong> for supplies of taxable <strong>and</strong><br />

either <strong>GST</strong>-free or input taxed items (NAT 5009), <strong>and</strong><br />

■ <strong>GST</strong> for small business (NAT 3014).


TAX INVOICES AND <strong>GST</strong> CREDITS<br />

OBTAINING A TAX INVOICE<br />

If you buy taxable goods or services, your supplier must provide<br />

you with a tax invoice within 28 days after you request one.<br />

Generally, you must have a correct tax invoice before you claim<br />

the <strong>GST</strong> credit. If you receive a tax invoice that contains errors,<br />

you should ask your supplier to provide a correct tax invoice.<br />

If you wish to claim a <strong>GST</strong> credit but your supplier does not<br />

provide you with a tax invoice within the 28 day period, you can<br />

seek our permission to claim the <strong>GST</strong> credit by providing us<br />

with the following information:<br />

■ your name, contact details <strong>and</strong> ABN<br />

■ documents relating to the purchase<br />

■ the name, address <strong>and</strong> ABN (if known) of the supplier<br />

■ the nature, purpose <strong>and</strong> quantity of the purchase<br />

■ the amount paid or payable, <strong>and</strong> the amount of <strong>GST</strong><br />

included, <strong>and</strong><br />

■ steps you’ve taken to obtain a tax invoice.<br />

To request our permission to claim a <strong>GST</strong> credit<br />

you should:<br />

■ email us at <strong>GST</strong>mail@ato.gov.au or<br />

■ write to <strong>GST</strong> General Technical Advice,<br />

PO Box 9935 in your capital city.<br />

WHAT IF YOU CLAIMED A <strong>GST</strong> CREDIT WITHOUT<br />

HAVING A VALID TAX INVOICE?<br />

If you claimed a <strong>GST</strong> credit without having a valid tax invoice,<br />

you can write to us explaining your circumstances <strong>and</strong> ask that<br />

the tax invoice be treated as valid.<br />

If we discover a claim of this nature, for example during an<br />

audit, we will usually treat the tax <strong>invoices</strong> as valid <strong>and</strong> allow<br />

your claim if you:<br />

■ are entitled to the <strong>GST</strong> credit, <strong>and</strong><br />

■ have made a genuine attempt to comply with the requirement<br />

to hold a tax invoice.<br />

HOW WE DEAL WITH MISSING OR INVALID<br />

TAX INVOICES<br />

In November 2004, we issued a practice statement that<br />

explains when we will treat a document that is not a tax invoice<br />

as a tax invoice.<br />

If you claim a <strong>GST</strong> credit without a tax invoice or with an invalid<br />

tax invoice, we may:<br />

■ treat your tax invoice as being valid, or<br />

■ treat some other document as a tax invoice.<br />

However, our decision to allow your claim will depend on the<br />

details you provide.<br />

For more information about how we deal with <strong>GST</strong><br />

<strong>credits</strong> claimed with invalid or missing tax <strong>invoices</strong>, refer to<br />

PS LA 2004/11 The Commissioner’s discretions to treat a<br />

particular document as a tax invoice or adjustment note.<br />

HAVING A PREVIOUS TAX INVOICE<br />

DECISION REVIEWED<br />

The practice statement applies to decisions we made about<br />

tax <strong>invoices</strong> from 1 July 2000. If you claimed a <strong>GST</strong> credit after<br />

1 July 2000 <strong>and</strong> we disallowed the claim because you didn’t<br />

have a valid tax invoice, you can request a review if you believe<br />

our decision was not made in accordance with the policy in the<br />

practice statement.<br />

To apply for a review of a tax invoice decision, complete the<br />

form Request for review of tax invoice decision (NAT 12381).<br />

You cannot amend a claim of this nature by:<br />

■ revising your activity statement, or<br />

■ using the process described in Correcting <strong>GST</strong> mistakes<br />

(NAT 4700).<br />

2 TAX INVOICES AND <strong>GST</strong> CREDITS


TAX INVOICES AND <strong>GST</strong> CREDITS<br />

MORE INFORMATION<br />

■ visit our website at www.ato.gov.au, or<br />

■ phone 13 28 66 between 8.00am <strong>and</strong> 6.00pm,<br />

Monday to Friday.<br />

■ obtain a fax by phoning 13 28 60, or<br />

■ write to us at <strong>GST</strong> General Technical Advice,<br />

PO Box 9935 in your capital city.<br />

If you do not speak English well <strong>and</strong> want to talk to a tax<br />

officer, phone the Translating <strong>and</strong> Interpreting Service on<br />

13 14 50 for help with your call.<br />

If you have a hearing or speech impairment <strong>and</strong> have<br />

access to appropriate TTY or modem equipment, phone<br />

13 36 77. If you do not have access to TTY or modem<br />

equipment, phone the Speech to Speech Relay Service<br />

on 1300 555 727.<br />

OUR COMMITMENT TO YOU<br />

The information in this publication is current at November 2004.<br />

In the taxpayers’ charter we commit to giving you information<br />

<strong>and</strong> advice you can rely on.<br />

If you try to follow the information contained in our written<br />

general advice <strong>and</strong> publications, <strong>and</strong> in doing so you make an<br />

honest mistake, you won’t be subject to a penalty. However,<br />

as well as the underpaid tax, we may ask you to pay a general<br />

interest charge.<br />

We make every effort to ensure that this information <strong>and</strong> advice<br />

is accurate. If you follow our advice, which subsequently turns<br />

out to be incorrect, or our advice is misleading <strong>and</strong> you make<br />

a mistake as a result, you won’t be subject to a penalty or a<br />

general interest charge although you’ll be required to pay any<br />

underpaid tax.<br />

You are protected under <strong>GST</strong> law if you have acted on any <strong>GST</strong><br />

information in this publication. If you have relied on <strong>GST</strong> advice<br />

in this <strong>Tax</strong> Office publication <strong>and</strong> that advice has later changed,<br />

you will not have to pay any extra <strong>GST</strong> for the period up to<br />

the date of the change. Similarly, you will not have to pay any<br />

penalties or interest.<br />

If you feel this publication does not fully cover your<br />

circumstances, please seek help from the <strong>Tax</strong> Office or a<br />

professional adviser. Since we regularly revise our publications<br />

to take account of any changes to the law, you should make<br />

sure this edition is the latest. The easiest way to do this is<br />

by checking for a more recent version on our website at<br />

www.ato.gov.au<br />

© COMMONWEALTH OF AUSTRALIA 2004<br />

This work is copyright. Apart from any use as permitted under the Copyright Act 1968,<br />

no part may be reproduced by any process without prior written permission from<br />

the Commonwealth available from the Department of Communications, Information<br />

Technology <strong>and</strong> the Arts. Requests <strong>and</strong> enquiries concerning reproduction <strong>and</strong> rights<br />

should be addressed to the Commonwealth Copyright Administration, Intellectual<br />

Property Branch, Department of Communications, Information Technology <strong>and</strong> the<br />

Arts, GPO Box 2154, Canberra ACT 2601 or posted at http://www.dcita.gov.au/cca<br />

PUBLISHED BY<br />

Australian <strong>Tax</strong>ation Office<br />

Canberra<br />

November 2004<br />

TAX INVOICES AND <strong>GST</strong> CREDITS 3

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