Barter/In-Kind Transactions 1. Standard QH-IMP-267-2-7:2015 Statement This Standard describes the GST implications for Barter/In-Kind transactions. 2. Scope Compliance with this standard is mandatory. This Standard shall apply to all employees, contractors and consultants within the Department of Health divisions and commercialised business units as well as Hospital and Health Services. 3. Requirements Introduction The nature of barter/in-kind transactions is that the parties agree to exchange certain goods, services, or rights of equal value to fulfil their obligations to each other without the exchange of money. Consideration for a supply may be monetary or “in kind” in nature. Barter/in-kind transaction should be treated as a supply for non-monetary consideration by each party. Important: Queensland Health’s (QH) Financial Management Practice Manual (FMPM) states – “Accounts receivable are not to be set off against an account payable even though the debtor and the supplier are one and the same person or entity unless the balances have arisen out of error or mistake of fact”. While the paramount financial policy document under the Financial Accountability Act 2009 must be followed, it is recognised that there may be situations where staff are unaware that a Barter/InKind transaction has occurred. When a situation arises where the consideration for a supply is wholly (or partly) non-monetary, a GST inclusive market value needs to be established for the non-monetary portion of the consideration (and added to any monetary amount) to work out the Goods and Services Tax (GST) inclusive price of the supply. The market value is the price that would be negotiated between knowledgeable and willing buyer & seller for an arm’s length transaction. This means that the normal GST rules apply as they would with a monetary payment – that is, a tax invoice is required for a barter/in-kind transaction, ABN obligations apply to barter/in-kind transactions and you must keep records of all transactions. Summary of Tax Codes Description Tax Code Sale Tax Code Purchases Queensland Health Non-Capital Expenditure Taxable Supply (Non-Capital - Item) – with compliant tax invoice P0 Taxable Supply – tax invoice not valid (N.B. under $82.50 compliant tax invoice not required – code to P0) P2 Taxable Supply – but not able to be claimed as an Input Tax Credit (e.g. residential property expenses) P1 Supplier Not Registered for GST P5 GST-Free Supply P5 Taxable Supply of Services & Rights in Australia P0 Supply of Services & Rights outside Australia P5 Queensland Health Capital Expenditure Taxable Supply (Capital Item) – with compliant tax invoice C0 Taxable Supply (Capital Item) – tax invoice not valid C2 Capital Items fully used for making input Taxed Sales & Income (e.g. new residential property, capital costs related to QH residential buildings/housing) C1 Capital Items that are GST-Free (e.g. medical equipment listed under Schedule 3 – home dialysis machines, telephone communications devices, or capital items supplied from non-GST registered suppliers) C5 Queensland Health Revenue Supplies QH makes that are a Taxable Supply – with compliant tax invoice S0 Supplies QH makes that are GST-free (excluding exports) S5 Determining if Transaction is a Taxable Supply For a supply to be a taxable supply it must satisfy all of the criteria below: • It is a supply for consideration; and • The supply is made in the course or furtherance of an enterprise; and • The supply is connected with Australia; and • The entity making the supply is registered or required to be registered; and • The supply is not GST-Free or Input Taxed. The consequence of a supply being a taxable supply is that the goods and/or services are subject to GST. The GST is based on the GST inclusive market value of the property or services bartered. Tax invoices (for the GST amount only) will need to be issued to enable input tax credits to be claimed FMPM: Barter/In-Kind Transactions Chief Finance Officer System Support Services 09/06/2015 Page 2 of 5 PRINTED COPIES ARE UNCONTROLLED by either party, (refer to Standards – Processing GST only Transactions), or if a mixed supply, i.e. part taxable and part “barter/in-kind” transaction an invoice will need to be raised for the GST amount of the taxable part. Non-Monetary Consideration A barter or in-kind transaction is where property or services are traded for other property or services. This is treated as a supply for consideration by each party and is referred to as nonmonetary consideration. To identify if consideration is provided for a supply, you must first: • Determine whether the consideration for the supply is expressed as an amount of money; • Identify anything for which a GST inclusive market value needs to be calculated; • Identify when the consideration is received and provided for attribution purposes; and • Issue a tax invoice that sets out the price for the supply. Consideration includes: • Any payment, or any act or forbearance, in connection with a supply of anything; • Any payment, or any act or forbearance, in response to or for the inducement of a supply of anything. It does not matter whether the payment, act or forbearance was voluntary, or whether it was by the recipient of the supply. Payment in a non-monetary or in an “in kind” form includes supplies such as: • Providing goods; • Granting a right or performing a service (an act); and • Entering into an obligation, for example to refrain from selling a particular product (or forbearance). Example of a Barter/In-Kind Transaction COMPANY ‘A’ & ‘B’ EXCHANGE GOODS OF EQUAL VALUE SCENARIO: ‘A’ sells a computer to ‘B’ in return for 10 office chairs (both ‘A’ and ‘B’ are GST Registered). The GST inclusive market value of the computer and chairs is the same for each, being $5,500. As the consideration is non-monetary, the price for the supply of the computer is the GST inclusive market value of the chairs, that is, $5,500. TRANSACTION BY ‘A’: • • • ‘A’ supplies the computer for consideration (that is, for the chairs) and, as the supply is not otherwise GST free or input taxed ‘A’ makes a taxable supply. The GST payable to the Australian Taxation Office (ATO) by ‘A’ is calculated as shown below: GST inclusive price (market value) Calculate GST at 1/11th of GST inclusive price $5,500 $5,500 divided by 11 FMPM: Barter/In-Kind Transactions Chief Finance Officer System Support Services 09/06/2015 Page 3 of 5 PRINTED COPIES ARE UNCONTROLLED GST $ 500 As the acquisition of the computer by ‘B’ is a creditable acquisition, ‘B’ is entitled to claim an input tax credit of $500, provided ‘B’ has a compliant tax invoice when ‘B’ submits their Business Activity Statement (BAS) return. TRANSACTION BY B: • • ‘B’ makes a taxable supply of the chairs to ‘A’ who provides the computer as consideration. The GST payable to the ATO by ‘B’ is calculated as shown below: GST inclusive price (market value) $5,500 Calculate GST at 1/11th of GST inclusive price $5,500 divided by 11 GST $ 500 As the acquisition ‘A’ makes is a creditable acquisition, ‘A’ is entitled to claim an input tax credit of $500, provided ‘A’ has a compliant tax invoice when ‘A’ submits their BAS return. Queensland Health’s Invoice Requirements Mutual liabilities to pay for supplies cannot be off set against each other in QH. Each of the supplies is to be a separate supply with separate consideration. The GST on each supply must be included in the calculation of the net amount by each supplier and each recipient may claim input tax credits for that tax to the extent allowed by the GST Act and provided that a compliant tax invoice is held and they are registered for GST. In Queensland Health the best way to treat these types of transactions is to pay a supplier upon receiving a compliant tax invoice from them and separately raising another compliant invoice to the entity for goods/services QH has provided to them. This is also a requirement of the Financial Management Practice Manual. Note: A tax invoice must be received and a tax invoice issued by QH for all barter/in-kind transactions. GST obligations apply to barter /in-kind transactions and records must be kept of all transactions. The records must be kept for five years after the completion of the transactions or acts to which they relate. Tax Invoice Requirements The GST Act requires that a compliant Tax Invoice for a taxable supply must contain certain information as a minimum requirement. For complete details on the requirements of a valid Tax Invoice refer to GST Standard – Tax Invoices found on QHEPS. 4. Related legislation and documents • Financial Management Practice Manual • A New Tax System (Goods and Services Tax) Act 1999 • GSTD 2004/4: can consideration for a supply be provided or received without transferring money (such as where the parties only make book entries recording their agreement that the supply is paid for)? • GSTR 2001/6 GST: Non-monetary consideration • GST Standard – Tax Invoices FMPM: Barter/In-Kind Transactions Chief Finance Officer System Support Services 09/06/2015 Page 4 of 5 PRINTED COPIES ARE UNCONTROLLED 5. Definitions Term Definition GST Act A New Tax System (Goods and Services Tax) Act 1999 ATO Australian Taxation Office Version Control Version Date Comments 1 26/06/2005 2 16/01/2006 Colleen Horrobin 3 12/03/2007 Colleen Horrobin 4 02/05/2008 Shayari Singh 5 01/05/2010 Richard Baker 6 17/12/2010 Katia Flanigan 7 01/06/2015 Policy Rationalisation Project FMPM: Barter/In-Kind Transactions Chief Finance Officer System Support Services 09/06/2015 Page 5 of 5 PRINTED COPIES ARE UNCONTROLLED
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