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Legislative Instrument

Goods and Services Tax: Particular Attribution Rules for supplies and acquisitions relating to the operation of a Collecting Society under the Copyright Act Determination (No. 34) 2015

I, James O'Halloran, Deputy Commissioner of Taxation, make this determination under subsection 29-25(1) of the A New Tax System (Goods and Services Tax) Act 1999, being satisfied under paragraph 29-25(2)(d) of the Act that it is necessary to prevent the provisions of Division 29 and Chapter 4 applying in a way that is inappropriate in circumstances involving a supply or acquisition made in connection with a remuneration notice given to a collecting society for the purposes of the Copyright Act 1968.

James O'Halloran
Deputy Commissioner of Taxation

Dated: 15 September 2015

   1. Name of Determination

This determination is the Goods and Services Tax: Particular Attribution Rules for supplies and acquisitions relating to the operation of a Collecting Society under the Copyright Act Determination (No. 34) 2015.

  2.     Commencement

This determination commences on the day after registration.

  3.     Repeal of previous instrument

A New Tax System (Goods and Services Tax) Act 1999 (Particular Attribution Rules for supplies and acquisitions relating to the operation of a Collecting Society under the Copyright Act) Determination (No. 1) 2000 – F2005B02439, registered on 28/9/2005 is repealed from the commencement of this determination..

  4.     Application

This determination applies to circumstances involving a supply or acquisition made in connection with a remuneration notice given to a collecting society for the purposes of the Copyright Act 1968.

  5.     Determination

Particular attribution rule for goods and services tax (GST) payable on a taxable supply made by a copyright owner that is subject to a remuneration notice given to a collecting society

The GST payable by you, as a copyright owner, on a taxable supply that you make, that is the subject of a remuneration notice given to a collecting society, is attributable to the earlier of:

       (a)          the tax period in which you become aware that any of the consideration has been received; or,

       (b)          the tax period in which you become aware that an invoice has been issued relating to the supply.

However, if you account on a cash basis, then:

       (c)     if, in a tax period, you become aware that all of the consideration has been received for a taxable supply – the GST payable on the supply is attributable to that tax period; or,

       (d) if, in a tax period, you become aware that part of the consideration
          has been received for a taxable supply – the GST payable on the supply is attributable to that tax period, but only to the extent of the consideration that you become aware has been received, or,

       (e)     if, in