GST Article ‘ Claiming ITCs in reliance on corporate credit card information
This article considers the ability to rely on Corporate Credit Card Statements to claim ITCs in lieu of holding Tax Invoices.
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- On 14 August 2017, WTI 2017/5 titled Goods and Services Tax: Waiver of Tax Invoice Requirement (Corporate Card Statements) Legislative Instrument 2017 (the Legislative Instrument) was registered.
- The Legislative Instrument — which applies to tax periods commencing on or after 14 August 2017 — relieves entities from the tax invoice requirements for the purposes of claiming ITCs. Instead, the entity can rely on a corporate card statement which satisfies the information requirements in the Legislative Instrument.
- The Legislative Instrument repeals and replaces previously registered instruments which are substantially the same.
Section 29-10(3) of the GST Act enables the Commissioner to issue written determinations that possession of a tax invoice is not a pre-requisite to claiming an input tax credit (ITC) in circumstances that are specified in the determination. Issue of such a determination does not relieve the recipient of the supply from accurately claiming an ITC, it merely relieves the recipient of holding supporting evidence of the acquisition in the form of tax invoice.
WTI 2017/5 essentially re-states earlier determinations that enable an entity which uses corporate credit cards issued by certain credit providers specified in the determination to use the credit statement as supporting evidence of supply in lieu of a tax invoice. The credit card statement must contain certain information in order to qualify for such use.
Ability to rely on corporate credit cards without the need for a tax invoice
A corporate cardholder is not required to hold a tax invoice for a creditable acquisition for the purposes of attributing an ITC for the creditable acquisition to a tax period if at the time the cardholder lodges its GST return/BAS for the tax period:
- the cardholder holds a corporate card statement that meets the clause 9 information requirements (see below) which records the creditable acquisition;
- the cardholder has in place an effectively regulated corporate policy that ensures the cardholders use the statement accurately to claim ITCs – see clause 13; and
- the requirement to hold a tax invoice in relation to the acquisition where the statement shows an estimated GST amount — or there is an error in relation to the acquisition — does not apply (see clauses 8(1)(c) and 11(b); and
- the corporate card provider:
- meets the accuracy requirements in clause 12, i.e. if it has reason to consider any information set out in relation to the transaction or an estimated GST amount is not accurate, the corporate card provider/acquirer must not include that information on the corporate card statement; and
- uses either of the two methods identified in clause 8(2) to provide the requisite transaction information.
One method is having in place an accurate method of obtaining or calculating the transaction information required (clause 8(2)(b)). Under the alternate method – the signed statement method — the corporate card provider/acquirer obtains a signed statement from the supplier that provides the information required by clause 10 (see clause 8(2)(c)).
Note that point (c) above, in effect, precludes reliance on a credit card statement as sufficiently evidencing the supply where the credit card supplier has estimated the GST applicable on the supply due the merchant accepting the credit card in payment of mixed supplies (i.e. taxable supplies and GST-free/input-taxed supplies) or taxable supplies where the GST is not 1/11th of the purchase price.
Corporate card statement information requirements
The corporate card statement may be used to claim ITCs for a creditable acquisition if the statement contains all the information as required by clause 9 of the Legislative Instrument, namely:
- the date of issue of the corporate card statement;
- the identity or ABN of the cardholder;
- the name(s) of the person(s) or department(s) that uses the corporate card to purchase the creditable acquisition, or in the case of fuel cards, the vehicle identifier;
- for the particular transactions containing the creditable acquisition:
- the date the cardholder acquired the supply;
- the identity of the supplier, or driver ID for a supply of taxi travel;
- the ABN of the supplier;
- the Branch Registration Number of the supplier (where applicable);
- a brief description of the supply or, if that is not available, a description or recognised code identifying the supplier’s industry;
- the GST payable; and
- the total amount paid.
For an accruals taxpayer who chooses to rely on the Legislative Instrument to claim ITCs, the ITCs will be attributed to the tax period in which all or part of the consideration was provided.
The Legislative Instrument is not applicable to low value transactions (i.e. transactions that do not exceed $75) as there is no requirement to hold a tax invoice. Although it offers relief from the administrative burden of satisfying the tax invoice requirements for every creditable acquisition over $75, the purchaser will still need to be able to show that the ITC claimed relates to something acquired for a creditable purpose — i.e. it was acquired in carrying on an enterprise, and it does not relate to the making of input taxed supplies and it is not of a private or domestic nature.
The ATO has issued an explanatory statement in relation to the determination.
Disclaimer: Information provided in this article, while correct at time of publishing, is subject to change.