Private ruling: GST - contributions to a trust fund
Date of advice: 8 August 2023
Published: 25 September 2023
Ruling period: Year ending 30 June 2024 | Year ending 30 June 2025 | Year ending 30 June 2026 | Year ending 30 June 2027
Date scheme commenced: 8 August 2023

Ruling: Q1: Are the contributions to the Trust Fund by Entity A, consideration for a taxable supply under section 9-5 of the A New Tax System (Goods and Services tax) Act 1999 ( GST Act)? | A2: No, the Trust Fund does not make a taxable supply to Entity B under section 9-5 of the GST Act when it makes a payment to or on behalf of Entity B. | Q2: Is the Trust Fund entitled to claim an input tax credit under section 11-20 of the GST Act, for the acquisition of Services under the Services Agreement? | A3: Yes, the Trust Fund is entitled to claim input tax credits under section 11-20 of the GST Act for the acquisition of the Services under the Services Agreement.


Relevant legislative provisions: A New Tax System (Goods and Services Tax) Act 1999 section 9-5 | A New Tax System (Goods and Services Tax) Act 1999 section 9-10 | A New Tax System (Goods and Services Tax) Act 1999 section 9-15 | A New Tax System (Goods and Services Tax) Act 1999 section 11-5 | A New Tax System (Goods and Services Tax) Act 1999 section 11-20


Answer: No, the contributions to the Trust Fund by Entity A are not consideration for a supply by the Trust Fund to Entity A and therefore are not taxable supplies under section 9-5 of the GST Act. | Does the Trust Fund make a taxable supply to Entity B under section 9-5 of the GST Act when it makes a payment to or on behalf of Entity B?