Goods and Services Tax: Recipient Created Tax Invoice Determination 2017 for Australian Direct Property Investment Association Inc. and their Originating Members
Reference: RCTI 2017/9
Document type: Determination
Enabling act: A New Tax System (Goods and Services Tax) Act 1999
Date of issue: 12 April 2017
Signatory: Signed by Timothy Dyce Deputy Commissioner of Taxation
Registration number: F2017L00422
Registration date: 12 April 2017
This legislative instrument replaces F2006B11603 | This determination replaces determination A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2001 - F2006B11603 (previous determination), registered on 20 November 2006. The previous determination is repealed from 1 April 2017. | This determination is substantially the same as the determination it replaces. An entity that satisfied the requirements of the previous determination and is an entity to which this determination applies will satisfy the requirements of this determination.


1. Name of determination: This determination is the Goods and Services Tax: Recipient Created Tax Invoice Determination 2017 for Australian Direct Property Investment Association Inc. and their Originating Members. | 2. Commencement: This determination commences on 1 April 2017. | 3. Repeal of previous determination: This determination replaces determination A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2001 - F2006B11603 (previous determination), registered on 20 November 2006. The previous determination is repealed from 1 April 2017. | 4. Application: This determination applies to an entity that is: (a) a current originating member of the Australian Direct Property Investment Association Inc (ADPIA), or (b) an entity managed or administered by a current originating member of ADPIA, or (c) an entity that makes substantially similar supplies to those made by a current originating member of ADPIA. (a) a current originating member of the Australian Direct Property Investment Association Inc (ADPIA), or (b) an entity managed or administered by a current originating member of ADPIA, or (c) an entity that makes substantially similar supplies to those made by a current originating member of ADPIA. This determination is substantially the same as the determination it replaces. An entity that satisfied the requirements of the previous determination and is an entity to which this determination applies will satisfy the requirements of this determination. 5. Class of tax invoices that may be issued by the recipient of a taxable supply under this determination A tax invoice for a taxable supply of a securities agency or referral service may be issued by the recipient of that taxable supply, where they: (a) establish the value of the supply rather than the supplier; and (b) satisfy the requirements set out in paragraph 6. (a) establish the value of the supply rather than the supplier; and (b) satisfy the requirements set out in paragraph 6. | 6. Requirements that must be satisfied by a recipient of a taxable supply under this determination: A recipient must satisfy the following requirements: (a) the recipient must be registered for GST when the tax invoice is issued (b) the recipient must set out in the tax invoice the ABN of the supplier (c) the recipient must issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining, the value of a taxable supply and must retain the original or the copy (d) if there is an adjustment the recipient must issue the original or a copy of an adjustment note to the supplier within 28 days of the adjustment and must retain the original or the copy (e) the recipient must reasonably comply with its obligations under the taxation laws, and (f) the recipient must have either a written agreement with the supplier that meets the requirements of paragraph 7, or a written agreement embedded in the Recipient Created Tax Invoice (RCTI) that meets the requirements of paragraph 8. (a) the recipient must be registered for GST when the tax invoice is issued (b) the recipient must set out in the tax invoice the ABN of the supplier (c) the recipient must issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining, the value of a taxable supply and must retain the original or the copy (d) if there is an adjustment the recipient must issue the original or a copy of an adjustment note to the supplier within 28 days of the adjustment and must retain the original or the copy (e) the recipient must reasonably comply with its obligations under the taxation laws, and (f) the recipient must have either a written agreement with the supplier that meets the requirements of paragraph 7, or a written agreement embedded in the Recipient Created Tax Invoice (RCTI) that meets the requirements of paragraph 8. 7. Requirements of a written agreement with the supplier other than a written agreement embedded in the RCTI The written agreement the recipient has with the supplier must: (a) specify the supplies to which it relates (b) be current and effective when the RCTI is issued, and (c) contain the following conditions: (i) the recipient can issue tax invoices in respect of the supplies (ii) the supplier will not issue tax invoices in respect of the supplies (iii) the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered, and (iv) the recipient acknowledges that it is registered for GST when it enters into the agreement and that it will notify the supplier if it ceases to be registered (a) specify the supplies to which it relates (b) be current and effective when the RCTI is issued, and (c) contain the following conditions: (i) the recipient can issue tax invoices in respect of the supplies (ii) the supplier will not issue tax invoices in respect of the supplies (iii) the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered, and (iv) the recipient acknowledges that it is registered for GST when it enters into the agreement and that it will notify the supplier if it ceases to be registered (i) the recipient can issue tax invoices in respect of the supplies (ii) the supplier will not issue tax invoices in respect of the supplies (iii) the supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the recipient if it ceases to be registered, and (iv) the recipient acknowledges that it is registered for GST when it enters into the agreement and that it will notify the supplier if it ceases to be registered | 8. Requirements of a written agreement embedded in the RCTI: The agreement that the recipient has with the supplier that is embedded in the RCTI must contain the following statement: The recipient and the supplier declare that this agreement applies to supplies to which this tax invoice relates. The recipient can issue tax invoices in respect of these supplies. The supplier will not issue tax invoices in respect of these supplies. The supplier acknowledges that it is registered for GST and that it will notify the recipient if it ceases to be registered. The recipient acknowledges that it is registered for GST and that it will notify the supplier if it ceases to be registered for GST. Acceptance of this RCTI constitutes acceptance of the terms of this written agreement. Both parties to this supply agree that they are parties to an RCTI agreement. The supplier agrees to notify the recipient if the supplier does not wish to accept the proposed agreement within 21 days of receiving this document. | 9. Definitions: The following expressions are defined for the purposes of this determination: originating member means a class of ADPIA member described in clause 4.(1)(a) of the Rules of Australian Direct Property Investment Association as follows: Originators have voting rights and include persons involved in DPI product offerings, promoters and other equity providers and in all cases, persons who would satisfy the definition of 'responsible entity' or 'management company' under the Corporations Law. securities agency or referral service means the referral of investors to, or facilitation of investments in: funds, syndicates and other investments managed or administered by entities described in paragraph 4(1). Other expressions in this determination have the same meaning as in the GST Act.