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Legislative Instrument

Taxable Payments Reporting System – Reporting Exemptions for Certain Entities Determination 2019

I, Deborah Anne Jenkins, Deputy Commissioner of Taxation, propose to make the following determination under subsection 396-70(4) of Schedule 1 to the Taxation Administration Act 1953.

Deborah Anne Jenkins
Deputy Commissioner, Small Business
3 June 2019

1.                  Name of instrument

    This instrument is the Taxable Payments Reporting System - Reporting Exemptions for Certain Entities Determination 2019.

2.                  Commencement

    This instrument commences on 1 July 2019.

3.                  Definitions

    All references to legislation are to Schedule 1 to the Taxation Administration Act 1953 (TAA) unless otherwise specified.

    ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

    consideration has the meaning given by the GST Act.

    GST Act means the A New Tax System (Goods and Services Tax) Act 1999.

    relevant GST turnover, as at the end of a reporting period means:

             (a)               if the entity has been making supplies for at least 12 months – the entity's current GST turnover (within the meaning of the GST Act) as at the end of the reporting period; or

             (b)               otherwise – the entity's projected GST turnover (within the meaning of the GST Act) as at the end of the reporting period.

    reporting period means a period described in paragraph 396-55(a) of Schedule 1 to the TAA that commences on or after 1 July 2019.

    supply has the meaning given by the GST Act.

    4.                  Repeal of determinations taken to have been made by the Commissioner of Taxation

         1)                  Under subitem 3(5) of Part 2 of Schedule 2 to the Treasury Laws Amendment (Black Economy Taskforce Measures No. 1) Act 2018, the determination made under subitem 3(1) in Part 2 of Schedule 2 to that Act is repealed.

         2)                  Under subitem 3(5) of Schedule 2 to the Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Act 2018, the determination made under paragraph 3(1)(a) in Schedule 2 to that Act is repealed.

5.                  Determination

    Exemption for entities with an ABN that supply a cleaning service

         1)                  Where section 396-55 requires an entity to prepare and give a report for a transaction that is described in item 11 of the table in that section and that happens during a reporting period, the entity is not so required if:

                  (a)               the total value of the consideration that:

                      (i)                  is received by the entity during the reporting period; and

                      (ii)                relates to the supply by the entity, including by a contractor or subcontractor on behalf of the entity, of a cleaning service;

                  is less than 10% of the entity's relevant GST turnover as at the end of the reporting period; and

                  (b)               the transaction is not described