Document ID: chunk:federal_register_of_legislation:C2010A00074:clause:3_1
Version: federal_register_of_legislation:C2010A00074
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 70265–72766

1  Subsection 29‑70(1)
Repeal the subsection, substitute:
 (1) A tax invoice is a document that complies with the following requirements:
 (a) it is issued by the supplier of the supply or supplies to which the document relates, unless it is a *recipient created tax invoice (in which case it is issued by the *recipient);
 (b) it is in the *approved form;
 (c) it contains enough information to enable the following to be clearly ascertained:
 (i) the supplier's identity and the supplier's *ABN;
 (ii) if the total *price of the supply or supplies is at least $1,000 or such higher amount as the regulations specify, or if the document was issued by the recipient—the recipient's identity or the recipient's ABN;
 (iii) what is supplied, including the quantity (if applicable) and the price of what is supplied;
 (iv) the extent to which each supply to which the document relates is a *taxable supply;
 (v) the date the document is issued;
 (vi) the amount of GST (if any) payable in relation to each supply to which the document relates;
 (vii) if the document was issued by the recipient and GST is payable in relation to any supply—that the GST is payable by the supplier;
 (viii) such other matters as the regulations specify;
 (d) it can be clearly ascertained from the document that the document was intended to be a tax invoice or, if it was issued by the recipient, a recipient created tax invoice.
Note: If the recipient is a member of a GST group, section 48‑57 may relax the requirements relating to the recipient's identity or the recipient's ABN.
 (1A) A document issued by an entity to another entity may be treated by the other entity as a *tax invoice for the purposes of this Act if:
 (a) it would comply with the requirements for a tax invoice but for the fact that it does not contain certain information; and
 (b) all of that information can be clearly ascertained from other documents given by the entity to the other entity.
Note: The requirements for a tax invoices are primarily contained in subsection (1), but can be affected by sections 48‑57 and 54‑50.
 (1B) However, the Commissioner may treat as a *tax invoice a particular document that would not, apart from this subsection, be a tax invoice.
Note: A request to the Commissioner, to which the Commissioner agrees, to treat a document as a tax invoice is taken to be a notification of your entitlement to the relevant input tax credit: see subsection 105‑55(2A) in Schedule 1 to the Taxation Administration Act 1953.