on 16-08-2018 07:44 PM
I've bought an item from OS and now that eBay are charging 10% GST for low value imported goods, I've asked the question of how can I receive an invoice from eBay for this 10% GST charge, so I can claim back the GST spent on BAS.
So far I've had a bit of a run around, trying to help the staff on the other end of the conversation understand the situation, but I'm not really sure I'm getting any closer to what I want.
Has anyone else enquired about this in the past or got a solution from eBay that is satisfactory for ATO record keeping requirements?
Thanks.
16-08-2018 08:42 PM - edited 16-08-2018 08:44 PM
on 16-08-2018 09:07 PM
Hey kopenhagen5.
Thanks for your response. Unfortunately, that page is not sufficient as an invoice for the ATO.
I'm still in discussion with eBay, but it appears that they should not be charging GST to ABN holders. I'm not sure however if they have a process to distinguish ABN vs non-ABN purchases though.
on 16-08-2018 09:49 PM
on 16-08-2018 10:46 PM
I have talked to ebay 3 times about this issue after I visited the ATO site and found this info regarding" Do you import goods worth A$1,000 or less? I was told by eBay Rep the policy is that GST and Australian ABN only applies to sellers and sellers fees.
This part of the info from the ATO Page: Do you import goods worth A$1,000 or less?
You should not be charged GST if you:
are registered for GST
import the low value goods for business use in Australia, and
provide your ABN to the supplier and a statement that you are registered for GST.
If you're charged GST incorrectly you should contact the supplier to let them know that you're registered for GST, and request a refund.
Note that not all receipts that have GST applied will be tax invoices. They will need to contain an ABN to be considered a tax invoice. Overseas suppliers may be registered in the simplified GST system and have an ARN instead of an ABN
on 16-08-2018 11:18 PM
This is about the third time you have posted that ATO info.
Given that it is unlikely any of us are tax lawyers (or whatever the correct term is), I'm not sure what you expect us to do. Or add. If I was an expert in tax law, I certainly wouldn't give my advice away for free. Nor would any competent lawyer, given the fact that this is an internet chat board, you don't know the credentials of anybody offering advice, no professional would open themselves up to the can of worms THAT could produce....
You have the ATO information - it is probably better if you negotiate with eBay directly, or sic the ATO onto them.
on 17-08-2018 09:09 AM
From what others have said, in paypal it shows the GST as a separate payment that goes to a separate account. I think so long as you can show what the gst was on an item that's good enough for an invoice for claiming back the GST.
on 17-08-2018 01:28 PM
Thanks for your reply brerrabbit.
Unfortunately, the info on that screen does not qualify as an invoice for taxation purposes, so cannot be used to claim as GST credits.
on 18-08-2018 12:17 AM
I wonder if the same rules apply as for Australian sales? By which I mean the following:
"When you make a taxable sale of more than $82.50 (including GST), your GST-registered customers need a tax invoice from you to be able to claim a credit for the GST in the purchase price.
If a customer asks you for a tax invoice, you must provide one within 28 days of their request."
https://www.ato.gov.au/Business/GST/Issuing-tax-invoices/
If so, that would mean eBay has an obligation to provide a proper tax invoice upon request.
on 18-08-2018 08:28 AM
It appears pretty clear cut to me. Ebay has incorrectly charged you GST.
It is not a matter of obtaining a tax invoice and then claiming on your BAS.
The ATO has advised that this is not possible because it is the supplier (ebay) that has incorrectly charged you GST and incorrectl charged GST must be refunded by the supplier (ebay)
However the business also has obligations in that you need to contact the supplier (ebay) and affirm that you are registered for GST, supplying them with your ABN and that your purchases are commercial transactions....prefeeably with a read receipt email.
The ATO also has expectations of eBay (the supplier)
GST only applies to sales of low value imported goods to consumers in Australia.
Your customer is not a consumer if they are a GST-registered business who purchases the goods for use in their business in Australia.
Your Australian GST-registered business customers will expect that you do not charge GST on sales of low value imported goods to them. If you incorrectly charge GST, this can disadvantage your customers and they may seek a refund of the GST amount from you.