Gee, isn't it always the way when you summarise. There are a number of exceptions to withholding tax when an ABN is not quoted, and 1 sub-section of those is set out below. I think (a) may cover our Artist in a large number of cases. Point is. You don't have to register for an ABN (even if you cop 48% withholding), so why should that be an unwritten requirement of the application forms? --- Quoting Tax Admin Act --- Payment for a supply 12-190 Recipient does not quote <ABN> No need to quote <ABN> (4) The payer need not withhold an amount under this section if: (a) the payment is made otherwise than in the course or furtherance of an *enterprise *carried on in Australia by the payer; or (b) the payment (disregarding so much of it as relates to *GST payable on the *supply) or, if the payer has also made, or proposes to make, one or more other payments to the other entity for the supply, the total of all the payments (disregarding so much of them as relates to *GST payable on the supply) does not exceed $50 or such higher amount as is specified in regulations in force for the purposes of subsection 29-80(1) of the *GST Act; or (c) the supply is made in the course or furtherance of an activity, or series of activities, done as a member of a local governing body established by or under a *State law or *Territory law; or (d) the supply is wholly *input taxed. > -----Original Message----- > From: Lindsay Robinson [mailto:lindsay§brightandnoisy.com] > Sent: Friday, 16 August 2002 3:06 PM > To: dns§lists.auda.org.au > Subject: RE: [DNS] Personal name registration > > > Quote from the ATO Website > (http://www.ato.gov.au/content.asp?doc=/content/Businesses/132 > 85.htm&bn= > AS/BS/OB/OB01/A ) > > When will a business need to have an ABN? > Applying for an ABN is not compulsory. However, if you are required to > register for GST, you will need to apply for an ABN as well. > This can be > done on the same form. If you are not required to register > for GST, you > can still apply for an ABN. > > If you are carrying on an enterprise, you need an ABN and GST > registration in order to claim GST credits for any GST you > have paid for > goods and/or services you have used in your business. If you are > supplying goods or services, you will need to be able to > quote an ABN so > that others businesses do not withhold tax at the top > marginal rate when > they pay you. > > All businesses with an annual turnover of $50 000 or more > must register > for GST (though, there are special rules for taxi drivers) > and will need > an ABN to do this. Organisations with a lower annual turnover > may choose > to register. > > All non-profit organisations with an annual turnover of $100 > 000 or more > must register for GST and therefore need an ABN. Also businesses that > need to be endorsed as a gift deductible recipient or an income tax > exempt charity, or both, require an ABN. > > > Lindsay > > -----Original Message----- > From: Chris Disspain [mailto:ceo§auda.org.au] > Sent: Friday, 16 August 2002 2:58 PM > To: dns§lists.auda.org.au > Subject: RE: [DNS] Personal name registration > > Lindsay is correct (at least according to the ATO). If you > are carrying > on a business you must have an ABN. You do not have to > register for GST > purposes unless you earn more than 50K p.a. If you are not registered > for GST you must still quote your ABN on your invoice otherwise the > customer is supposed to withhold 48%. > > Thee confusion is that most people think that the ABN is tied up with > GST. It isn't. You have to have an ABN if you are in business > irrespective of whether you are registered for GST. > > Regards, > > Chris Disspain > CEO - auDA > ceo§auda.org.au > www.auda.org.au > > > -----Original Message----- > From: Lindsay Robinson [mailto:lindsay§brightandnoisy.com] > Sent: Friday, 16 August 2002 12:57 > To: dns§lists.auda.org.au > Subject: RE: [DNS] Personal name registration > > I believe so yes Rod, I believe that anyone who runs a > business needs an > abn unless it is a hobby(then it is not classed as a > business) otherwise > 40% or something needs to be withheld on payment. The over $50,000 is > for registration for GST. I only earn a few thousand a year > but I still > have an ABN. > > > Lindsay > > -----Original Message----- > From: Rod Keys [mailto:rod§ddns.com.au] > Sent: Friday, 16 August 2002 12:50 PM > To: dns§lists.auda.org.au > Subject: Re: [DNS] Personal name registration > > doesn't everyone going into business be it sole trader or > what ever need > to > register a ABN? > ----- Original Message ----- > From: "Cooke, Tony" <tony.cooke§deacons.com.au> > To: <dns§lists.auda.org.au> > Sent: Friday, August 16, 2002 12:46 PM > Subject: RE: [DNS] Personal name registration > > > > No contradiction! The Policy is clear that as a sole trader (even > without > > registered business name) he is eligible. See Schedule C - 1.c). > > > > The problem is the application forms for most (not sure if it's all) > > Resellers and Registrars require an ACN, Business Name Registration > Number, > > Association Incorporation number or Trade Mark Registration or > Application > > number (some even require another number with the TM number). > > > > There is no basis in the policy for insisting on an ABN for > applications > > under 1.c) nor for any other number when relying on 1.c), e) or f). > There > > is no requirement in the Policy that sole traders must either earn > over > > $50,000 or elect to have an ABN. The web forms, simply do not > correspond > to > > the stated Policy. > > > > Tony Cooke > > Senior Associate > > Deacons > > Level 24 > > 385 Bourke Street > > Melbourne VIC 3000 > > Direct +61 3 8686 6678 > > Fax +61 3 8686 6505 > > Email tony.cooke§deacons.com.au > > Website www.deacons.com.au > > > > > > > -----Original Message----- > > > From: Matthew King [mailto:mking§cinfo.com.au] > > > Sent: Friday, 16 August 2002 10:51 AM > > > To: dns§auda.org.au > > > Subject: [DNS] Personal name registration > > > > > > > > > What is the latest on registering a .com.au under personal names? > > > > > > I have a client who is an artist (and thus trades under his own > name) > > > who wants his commercial domain to match his name. > > > > > > The NSW dept. of fair trade says "You can conduct business in NSW > > > under your own name without registering a business name, provided > you > > > don't change or add anything to your name. " what is the latest on > > > this issue as per AUDA SCHEDULE C ELIGIBILITY AND ALLOCATION RULES > > > FOR COM.AU > > > > > > There seems to be a contradiction there.. > > > > > > Matt King > > > > > > > > > -------------------------------------------------------------- > > > ------------- > > > List policy, unsubscribing and archives => > > > http://www.auda.org.au/list/dns/ > > > Please do not retransmit articles on this list without > > > permission of the > > > author, further information at the above URL. (354 subscribers.) > > > > > > > > > DEACONS - Confidential Communication > > The information contained in this e-mail is confidential and may be > subject to legal professional privilege. It is intended solely > > for the addressee. If you receive this e-mail by mistake please > promptly > inform us by reply e-mail and then delete the e-mail > > and destroy any printed copy. 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(354 subscribers.) > > > > -------------------------------------------------------------- > ---------- > --- > List policy, unsubscribing and archives => > http://www.auda.org.au/list/dns/ > Please do not retransmit articles on this list without > permission of the > > author, further information at the above URL. (354 subscribers.) > > --- > Incoming mail is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.381 / Virus Database: 214 - Release Date: 2/08/2002 > > > --- > Outgoing mail is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.381 / Virus Database: 214 - Release Date: 2/08/2002 > > > > -------------------------------------------------------------- > ------------- > List policy, unsubscribing and archives => > http://www.auda.org.au/list/dns/ > Please do not retransmit articles on this list without > permission of the > author, further information at the above URL. (354 subscribers.) >Received on Fri Oct 03 2003 - 00:00:00 UTC
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