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mus(Initiate)Initiate
7 Jan 2024

Hello,


I have encountered a situation with my pet insurance policy invoices where GST and Stamp Duty are under a single 'GST' label. I seek advice on the legality and correctness of this practice.


Issue Description:


  1. My recent invoices from the insurer list a GST of $30.01 on a premium of $142.87, totalling $172.88, suggesting a GST rate of approximately 21.01%.
  2. Upon contacting the insurer, they acknowledged that the standard GST should be 10% and explained that the remaining 11% represents the Stamp Duty for Victoria.
  3. The invoice does not separate these two charges; instead, it labels the entire 21.01% as GST.

Specific Questions:


  • Bundling of Charges: Is it legally permissible for an insurer to bundle GST and Stamp Duty under a single 'GST' label on invoices? Are there specific guidelines or regulations in Australian taxation law regarding the separate display of these charges?


  • Invoice Validity: Given this bundling of GST and Stamp Duty, is the invoice still considered valid and compliant with Australian taxation laws? If not, what are the implications for my financial records and claims?


  • Reporting and Rectification: If this practice needs to be corrected, how should I proceed to report it and seek rectification? What are my options for ensuring accurate and compliant invoicing in the future?

I seek to understand this situation's legal and practical aspects and guide my next steps, as I have not been able to find anything online related to this scenario.


Thank you for your time and help.

1,469 views
2 replies
1,469 views
2 replies

Most helpful response

Most helpful replyATO Certified Response

TonyATO(Community Support)Community Support
ATO Certified Response9 Jan 2024

Hello @mus


That definitely doesn't sound right as GST and stamp duty are two different things, so they should be shown separately on the tax invoice.


If they have made an error, it could potentially make the invoice invalid, so I suggest asking for a replacement invoice. If they aren't willing to provide a replacement, you could refer them to the tax ruling regarding tax invoices or report them by making a tip-off.

All replies

Most helpful replyATO Certified Response

TonyATO(Community Support)Community Support
ATO Certified Response9 Jan 2024

Hello @mus


That definitely doesn't sound right as GST and stamp duty are two different things, so they should be shown separately on the tax invoice.


If they have made an error, it could potentially make the invoice invalid, so I suggest asking for a replacement invoice. If they aren't willing to provide a replacement, you could refer them to the tax ruling regarding tax invoices or report them by making a tip-off.

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Clarification on Bundling of Stamp Duty and GST on Insurance Policy Invoices | ATO Community