31/01/2024
GST Registration
A question often posed by clients to their Tax Agent or BAS Agent when going into business for the first time is “Do I have to register for GST?”. The question is perhaps even more common when the client’s operations are still fledgling or “micro” in nature. The answer, as is often the case, is that it depends.
While the general threshold for GST registration is reasonably well-known, there are a number of lesser-known subtleties that go hand in hand with the registration rules.
In this edition of Getting Technical, we’ll do a refresher on the rules regarding GST registration and the related issues to look out for. We’ll also delve into the factors to be weighed up when a business is contemplating GST registration in circumstances where the decision to register is a voluntary one.
What is GST Registration?
Before we look at the technicalities of the GST registration requirements, let’s start with what GST registration actually is.
In simple terms, a GST registration is one of a number of different tax registrations that can attach to an Australian Business Number (ABN). Other registrations which, like GST, can attach to an ABN include PAYG Withholding, Fringe Benefits Tax, Luxury Car Tax, Fuel Tax Credits and Wine Equalisation Tax.
You must have an ABN before you can apply for a GST registration.
A GST registration can be sought at the same time that an ABN is applied for. This can be done either through the Australian Business Register (www.abr.gov.au) or Online Services for Agents (OSfA).
Alternatively, a GST registration can be tacked on to an existing ABN. This can be done through the Business Registration Service (https://register.business.gov.au/additional), Online Services for Agents (OSfa) or Online Services for Business (OSfB).
GST Registration Requirements
Broadly speaking, there are three scenarios that can lead to the requirement to register for GST.
Scenario 1 - You Wish to Claim Fuel Tax Credits
If a business wants to claim fuel tax credits, then a GST registration is essential, regardless of the business’ GST turnover.
Scenario 2 - You provide taxi or limousine travel for passengers (including ride-sourcing)
GST registration is a requirement - regardless of GST turnover – when a business provides taxi or limousine travel for passengers (including ride-sourcing). This applies to both owner-drivers and the leasing or rental of a taxi.
When the GST system was introduced in 2000, the then government chose to apply compulsory GST registration to taxi drivers for several reasons including:
to avoid the confusion created if some taxis did not charge GST, but others did
to avoid the added problem that would arise if a passenger were using a taxi for a business trip (creditable acquisition); in such a case, the passenger would want to be able to claim GST credits for all fares
meter rates are set by each State authority. After 1 July 2000, all meters were adjusted to reflect GST. If some drivers were registered but others were not, all would be collecting the higher rate. This would disadvantage drivers who had to be registered and therefore pass on 1/11th of their fare in GST.
In relation to ride-sourcing, the GST Act definition of ‘taxi travel’ was considered in the 2017 case of Uber B.V. v FCT . The Court held the relevant definition of ‘taxi travel’ extended to services provided by an Uber driver.
Scenario 3 – Your GST turnover exceeds the GST turnover threshold
When a business has a GST turnover which reaches the GST turnover threshold, a GST registration is compulsory. We will now examine these two key terms, starting with GST turnover threshold.
A business reaches the GST turnover threshold if either of the following limbs are met:
(a) projected GST turnover is $75,000 or more ($150,000 or more for non-profit organisations); or
(b) both:
current GST turnover is $75,000 or more ($150,000 or more for non-profit organisations); and
the Commissioner cannot be satisfied that projected GST turnover is below $75,000 ($150,000 for non-profit organisations)
Current GST turnover is GST turnover for the current month and the previous 11 months. Projected GST turnover is GST turnover for the current month and the next 11 months.
GST turnover is a business’ total income (as distinct from profit) excluding:
GST included in sales
sales to associates that aren't for payment and aren't taxable
sales not connected with an enterprise run by the business
sales that are not connected to Australia
input-taxed sales
When working out projected GST turnover, you can also exclude:
amounts received for the sale of a capital asset
any sale made, or likely to be made, solely as a consequence of ceasing to carry on an enterprise, or substantially and permanently reducing the size or scale of an enterprise.
Consequence of not registering when required to
There is a requirement for a business to register for GST within 21 days of their GST turnover reaching the GST turnover threshold.
If a business doesn’t register for GST when required to, it can be liable to pay GST on sales made since the date it was required to register. This is potentially a significant consequence as it effectively means 1/11th of the sales income is lost. Penalties and interest may also apply.
Backdating a GST registration
A GST registration is capable of being backdated. For tax periods commencing on or after 1 July 2012, backdating a GST registration is limited to 4 years. If a GST registration is backdated, this will spawn Business Activity Statements which will require completion for the tax periods affected by the backdate.
When registration is optional – to register or not to register?
Now that we have looked at the legislative requirements around when a business must register for GST, it is worth also considering the arguments for and against registration in situations where registration is optional. In other words, if a business does not meet the registration requirements, what are the pros and cons of voluntarily registering.
Ultimately, whether registering for GST is advantageous or disadvantageous depends on various factors, including the nature and scale of the business. Here are some general advantages and disadvantages to consider.
Advantages of registering for GST:
Input tax credits: The business can recover the GST paid on their capital purchases and expenses.
Business legitimacy: Being GST-registered can enhance the credibility and legitimacy of a business. It may also be a requirement for dealing with certain suppliers or participating in government tenders.
Market competitiveness: Some customers and businesses prefer to deal with GST-registered entities as it ensures transparency in tax compliance.
Cross-border transactions: If a business is involved in international trade, having a GST registration may facilitate smoother transactions and compliance with global trade regulations.
Disadvantages of Registering for GST:
Administrative burden: Managing GST compliance can be administratively burdensome. This includes keeping more detailed records that might otherwise be the case (especially the need to obtain complying tax invoices for expenses incurred above $82.50 GST inclusive) and preparing and lodging Business Activity Statements.
Competitive disadvantage when dealing with non-registered customers: Non-registered customers will find a business’ prices to be more competitive if they are not uplifted by GST. This is because a non-registered customer has no ability to claim GST charged to them.
Cash flow: Businesses need to collect GST on sales and remit it to the ATO. This can impact cash flow, especially for small businesses, as the funds collected need to be held (and not spent) until the next BAS is due for payment.
Complexity: GST regulations can be complex and subject to frequent changes. Keeping up with these changes and ensuring compliance may require additional time and resources.
Potential audits: Being GST-registered may increase the likelihood of being audited by the ATO. This could lead to additional scrutiny and potential penalties if errors or non-compliance are found.
Ultimately, the decision to register for GST (when it is a voluntary one) should be based on a careful consideration of the specific circumstances and requirements of a business. If a business does choose to register, generally it must stay registered for at least 12 months