CR 2015/67 – GST treatment of waste management supplied by NSW Councils

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  • #19147
    Susan Pardy
    Participant

      Cootamundra Shire

      Good morning all,
      We have received notification of a class ruling that was handed down yesterday (CR 2015/67 which replaces 2013/19). I have copied the whole ruling here (apologies for the length) because I am as yet unable to find it published on the Internet. But in short, it has determined that “all fees and charges for kerbside collection of waste are not consideration for a supply, so that these services are exempt from GST. This is regardless of whether the fees paid in relation to the service are compulsory or optional as kerbside collection of waste is a basic activity of local government”. The concerning part (for those of us that do charge GST on, say, non-residential waste services) is that even though it was ruled yesterday, they have said that it addresses the GST treatment of the supply on or after 1 July 2015.
      We haven’t done too much yet in investigating the ramifications, but I know some of you would love to get your teeth stuck into this, so here is the full ruling (sorry for the format, when I can find a PDF link I will pass around the website location. Alternatively, if you shoot me an email I can send you the Word document).

      #19149
      Susan Pardy
      Participant

        Cootamundra Shire

        A follow up for anyone who would like to see the PDF version, it is now available online: http://law.ato.gov.au/pdf/pbr/cr2015-067.pdf

        Thanks
        Susan

        #19148
        Darryl Telfer
        Participant

          Central Darling Shire

          Paragraph 8 sets out the date of effect as “8. This ruling applies from the 26 August 2015..”
          We will treat anything previously taxable and supplied prior to 26/8 as taxable and anything from 26/8 as exempt. System wise a bit challenging with part year adjustments as any cancellations of those originally taxed need to have GST reversed also and new services from 26/8 need to be exempt (something that could easily be accidentally overlooked).

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