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(1) The purpose of this Procedure is to ensure the University complies with its obligations arising from A New Tax System (Goods and Services Tax) Act 1999 (Cth) and all associated with Australian Taxation Office (ATO) rulings, guidelines and reporting obligations. (2) HESF: Standard 6.2 Corporate Monitoring and Accountability. (3) Standards for RTOs (2015): Standard 7 & 8. (4) The scope of this Procedure is to establish a framework in which staff across the University can confidently apply the GST legislative requirements to University operations to ensure the University complies with its obligations arising from A New Tax System (Goods and Services Tax) Act 1999 (Cth). (5) (6) Adjustment Notes – Documents issued by suppliers to a business when the amount paid for taxable supply changes. (7) (8) Companies – Entities that have been incorporated pursuant to the Corporations Act 2001 (Cth) and have an Australian Company Number (ACN) and ABN. (9) Consideration – Consideration means anything (cash or non-cash) of value that can be exchanged for a supply of goods and services, including money or in-kind arrangements. (10) Customer – An entity that the University conducts business with (e.g. students). (11) Enterprise – A business and any other commercial activities but does not include hobbies, activities done as an employee, or activities of individuals or partnerships without a reasonable expectation of profit. It includes the activities of entities such as charities, deductible gift recipients, religious and government organisations, and certain non-profit organisations. (12) Entity – An individual, a body corporate, a corporation, a partnership, any other unincorporated association or body of persons, a trust or a superannuation fund and any kind of legal person. (13) (14) Indirect Tax Zone – Indirect tax zone means Australia but does not include the external Territories, an offshore area or the Joint Petroleum Development Area. (15) Input Tax Credits – The GST included in the price paid for an acquisition. Includes the GST paid on an importation if it is for use in the University’s business. Input Tax Credits cannot be claimed if the acquisition or importation relates to making an input taxed supply. (17) Supplier – An entity that is a seller of the goods or services. (18) Supply – A supply is any form of supply whatsoever and includes: (20) Tax Period – The length of time for accounting for GST on the BAS. It may be quarterly or monthly. Victoria University operates on a monthly tax period for GST purposes. (21) Taxable – Subject to GST at a rate of 10% per cent. (23) See Financial Code of Conduct Policy. (24) As the University is registered for GST, it is liable to collect GST at the rate of 10% on taxable supplies it makes to its customers. The University is also entitled to claim back a credit (‘input tax credits’) for the amount of GST paid to provide it has obtained a valid ‘tax invoice’ (refer to clauses (41 and 42) of this Procedure). The University effectively acts as a collector of the GST and the ultimate burden for GST falls on the private consumption of goods and services. (25) The University is required to report to the ATO the total GST collected and input tax credits claimed for each tax period via the lodgement of a monthly BAS. The accounting method used to account for GST is the accrual method. This means that GST is payable at the time a tax invoice is sent to a University customer and input tax credits are claimable when a tax invoice is received from a University’s supplier. (26) The University must pay to the ATO the net amount of GST collected on taxable supplies minus the amount of input tax credits paid on its business purchases. If the input tax credits for a tax period exceed the GST collected, the University will receive a GST refund. (27) The GST legislation lists three types of GST supplies: (28) The following table summarises the GST treatment of each type of GST supply: (29) If supply is a Taxable Supply, the supplier must charge 10% GST on the supply. The supplier is also entitled to claim the GST paid (input tax credit) on business purchases made for making the Taxable Supply. A Taxable Supply is not limited to a sale but covers a wide range of transactions. The supplier only makes a taxable supply if all of the following criteria (‘Basic GST Rules’) are satisfied: (30) A connection with the indirect tax zone is established where: (31) Entities carrying on an enterprise must register for GST if their annual turnover is at or above the registration turnover threshold of $75,000 ($150,000 or more if they are a non-profit organisation). Entities carrying on an enterprise with an annual turnover below the relevant threshold may choose to register for GST. (32) Under the PAYG withholding system, if a supplier does not quote an ABN on invoices to the University, the University is required to withhold tax at the top marginal rate plus Medicare Levy, (i.e. 47% from their payment). Refer to Finance Department Fact sheet Withholding If ABN Not Provided. The 47% ABN withholding requirement is waived if the University is satisfied that the supplier does not require an ABN. In these circumstances, the supplier will need to provide a completed Statement by a supplier form. (33) Victoria University and two other associated entities have been separately registered for an ABN and GST. The registration details are: (34) Victoria University and VU Online Pty Ltd are grouped for GST purposes, meaning they operate as one entity. As a result, GST does not need to be accounted for on transactions between them. (35) If a supply is GST-free, the supplier cannot charge GST on the supply, but the supplier is entitled to claim input tax credits for the GST payable on its business purchases related to making the GST-free supply. (36) The main categories of GST-free supplies include: (37) If a supply is “input taxed”, the supplier cannot charge GST on the supply, and the supplier normally cannot claim input tax credits for the GST Payable on business purchases that relate to that supply. (38) The main categories of input taxed supplies include: (39) The fact sheet GST Codes used in Finance One explains the GST codes that should be used when processing transactions in Finance One. (40) A tax invoice is an evidence that a supplier has charged GST on a taxable supply. A valid tax invoice is required to claim the input tax credit on a business purchase. (41) The fact sheet Tax Invoices, RCTI and Adjustment Notes explains the requirements of valid tax invoices, RCTI and adjustment notes. (42) All GST mistakes must be brought to the attention of the tax compliance team by emailing taxcompliance@vu.edu.au. (43) The fact sheet Correction of GST Errors explains the ATO’s requirements on how to correct GST mistakes. (44) The GST treatment of some typical transactions are explained further in the following fact sheets, which are also available on the Finance intranet site:Financial Code of Conduct - GST (Goods and Services Tax) Procedure
Section 1 - Summary
Section 2 - HESF/ASQA/ESOS Alignment
Section 3 - Scope
Section 4 - Definitions
GST-Free Supplies – no GST is charged on the University’s GST-Free supplies, but the University is entitled to claim the input tax credits included in the price of the things acquired to make the GST-Free supply.
Input Taxed Supplies – GST is not charged on input taxed supplies, but neither is the University entitled to input tax credits for the GST included in the price paid for the things acquired to make the input taxed supply.
Taxable Supplies – the term is widely defined to include most supplies (goods, services and anything else) the University makes. Taxable Supplies are subject to 10% GST. Supply is not a taxable supply if it is GST-Free or input taxed.
Taxable Importations – Goods imported into Australia are taxable importations, unless the goods are duty-free, or would have been GST-Free, or input taxed if they had been supplies made in Australia.Section 5 - Policy/Regulation
Section 6 - Procedures
Part A - Summary of Roles and Responsibilities
Roles
Responsibilities
Tax Compliance Team
Ensure that this Procedure complies with the current GST legislation, rulings, guidelines and reporting obligations.
Monitoring compliance of transactions entered into by the University and initiating corrective action if required.
Provide regular training to increase the GST awareness amongst all the Finance staff including the Operational Accounting Team, Procurement Hub Officers and the Accounts Payable Team.
All University staff
Responsible for familiarising themselves with the requirements of this Procedure and responsible for acting in compliance with this Procedure at all times in their conduct as a staff member.
Part B - Procedures
Operation of the GST System
Types of GST Supplies
University Supply
Taxable
GST Free
Input Taxed
Charge 10% GST on a supply made by the University
Yes
No
No
Claim GST paid on acquisitions relating to making that supply
Yes
Yes
No
Taxable Supplies
Connected with the indirect tax zone
Goods are:
Real property (including buildings or the land to which the real property relates) is:
Supply of things other than goods or real property occurs (e.g. services) and:
GST Registration and Australian Business Number (ABN)
GST Free Supplies
Input Taxed Supplies
GST Codes used in Finance One
Tax Invoices, Recipient Created Tax Invoice (RCTI) and Adjustment Notes
Correction to GST Mistakes
GST Status of Specific Transactions