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10 May 2024

I am an Australian sole-trader (just starting out), subcontracted to an Australian business which is providing consultancy services to a New Zealand (only) client on NZ activities. I undertake my work in New Zealand and from Australia.


My immediate client is clear that GST is not chargeable on their invoice to the overall client as it is international services.


However, my understanding is that I should charge GST on my invoice to my client, for both my hours worked and my expenses - this is based on advice from my tax adviser and from ATO-community, however, as the work is overseas the situations are different to the examples on ATO-community and I am looking for confirmation!


The expenses include Autralian expenses including GST eg Uber to airport, GST-exempt costs such as international airfares and international costs that include foreign GST (in NZ) - eg hotel costs.


I understand that as an ABN to ABN transaction I need to add GST to all the costs above

  • $ for Hours + GST
  • $ for all rechargeable expenses + GST (which compounds the GST on local costs as oncharging taxes and fees is taxable)

I then go through the BAS process to reconcile any (Australian) GST I have paid, and in parallel any costs incurred which are not chargeable to the client may become deductible business expenses for income tax purposes .


As my client pays me GST on the originally GST-exempt expenses, but wants to pass on to the overall client without GST, they can do so by using the GST to me as a credit against their overall GST account - However, my immediate client thinks I shouldn't charge them GST on the original GST-exempt or international transactions and these should be passed through on my invoice without GST.

On this logic I would think that all the costs would be GST-exempt as for an overseas service, or none would be?


Can you please confirm if:

  1. I simply invoice all my costs + GST or
  2. I can pass through costs without Australian GST added?

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6 replies

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Taxduck(Taxicorn)Taxicorn
10 May 2024

As taken from ATO website.

"A tax invoice that includes taxable and non-taxable items, must clearly show which items are taxable. Items are non-taxable if they are GST-free or input-taxed."

Full link to the above

https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/tax-invoices

Answer is 2


10 May 2024

Thanks taxduck - I'd like it to be that simple, but this seems at odds with the following answers on atocommunity which all indicate that on-charging becomes its own supply, and that the original GST-free status (eg for international airfares) goes at that point:


https://community.ato.gov.au/s/question/a0JRF000000yslV2AQ/p00282030

https://community.ato.gov.au/s/question/a0J9s000000RSFa/p00225314

https://community.ato.gov.au/s/question/a0J9s0000001FRU/p00035667

https://community.ato.gov.au/s/question/a0JRF000000KQ3B/p00261442


BUT then there are some responses which indicate prior agreement comes into play:

https://community.ato.gov.au/s/question/a0JRF000000SERR/p00265474

https://community.ato.gov.au/s/question/a0J9s0000001GDI/p00038626

These indicate I can essentially deal with "my" GST liability for local expenses and pass on the original costs plus the "new" GST I have to collect which ends up back at the same amount, rather than the compounding effect the alternative creates..


Bearing in mind both parties in this immediate transaction are based in Australia and registered for GST.


So I am still confused! I don't believe the costs I incurred meet the critieria of being tax-free (eg an Uber here) or input-taxed (which seems to be mostly real estate -related??) - an international airfare is GST-free when sold by the airline - but the first round of responses I listed above indicate it (and similar GST-free costs) become GST-incurring when on-charged...

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As an Australian subcontractor to an Australian business doing work overseas, how do I treat GST ? | ATO Community