Private ruling: GST and claiming input tax credits
Date of advice: 11 July 2025
Published: 15 September 2025
Ruling period: 1 July 2024 till quarter ending 30 June 2029
Date scheme commenced: 1 July 2024

Ruling: Q1: Is the trustee for the superannuation fund (Fund) an entity pursuant to section 184-1 of the A New Tax System Goods and Services Tax Act 1999 (GST Act)? | A1: Yes | Q2: Does the Fund make an input taxed financial supply to Clients pursuant to section 40-5 of the GST Act? | A2: Yes | Q3: Is the Adviser Services Fee (ASF) consideration for supplies by an Adviser to the Fund for the purposes of section 11-5 of the GST Act? | A3: No, the ASF is not consideration for supplies by an Adviser to the Fund for the purposes of section 11-5 of the GST Act. | Q4: Are the supplies by Advisers, for which the ASF are paid as consideration, reduced credit acquisitions (RCA) under paragraphs (a), (b) or (e) of Item 23 and/or paragraphs (a)-(g) or (i) of Item 24 of section 70-5.02 of the GST Regulations such that the Fund is entitled to a reduced input tax credit (RITC) at the rate of 75%? | A4: No, as the ASF is not consideration for a supply by the Adviser made to the Fund, a RCA is not made and there is no entitlement to any RITC.

Relevant facts and circumstances: The Fund is a superannuation fund as defined in the Income Tax Assessment Act 1997 . The Fund has provided a number of documents which set out the framework that applies between an Adviser, the Fund, and Clients which define this arrangement.

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 11-5 | A New Tax System (Goods and Services Tax) Act 1999 section 40-5 | A New Tax System (Goods and Services Tax) Act 1999 section 70-5 | A New Tax System (Goods and Services Tax) Act 1999 section 70-10 | A New Tax System (Goods and Services Tax) Act 1999 section 184-1 | A New Tax System (Goods and Services Tax) Regulations 2019 subsection 40-5.09(3) | A New Tax System (Goods and Services Tax) Regulations 2019 section 70-5.02 | A New Tax System (Goods and Services Tax) Regulations 2019 subsection 70-5.02(2) item 32