GST Food Guide
GST Food Guide
GST Food Guide
2005
SEGMENT AUDIENCE FORMAT PRODUCT ID
We make every effort to ensure that this information and advice (NAT 3185)
is accurate. If you follow our advice, which subsequently turns ■ Simpler GST accounting for the food and grocery
out to be incorrect, or our advice is misleading and you make a industry (NAT 7162), and
mistake as a result, you won’t be subject to a penalty or interest ■ GST and food-schedules 1 and 2 (NAT 3393).
charge although you’ll be required to pay any underpaid tax. For general information on GST refer to:
You are protected under GST law if you have acted on any GST ■ GST for small business (NAT 3014).
information in this publication. If you have relied on GST advice
For a copy of any of our publications or for other
in this Tax Office publication and that advice has later changed,
information:
you will not have to pay any extra GST for the period up to
■ visit www.ato.gov.au
the date of the change. Similarly, you will not have to pay any
penalties or interest. ■ phone 13 28 66
■ obtain a fax by phoning 13 28 60, or
If you feel this publication does not fully cover your
■ write to us at PO Box 9935 in your capital city.
circumstances, please seek help from the Tax Office or a
professional adviser. Since we regularly revise our publications The Australian Food and Grocery Council also have
to take account of any changes to the law, you should make information for business engaged in the production,
sure this edition is the latest. The easiest way to do this is by preparation and/or sale of food available on their website
checking for a more recent version on our website at at www.afgc.org.au
www.ato.gov.au
If you don’t speak English well and want to talk to a tax
officer, phone the Translating and Interpreting Service on
13 14 50 for help with your call.
If you have a hearing or speech impairment and have
access to appropriate TTY or modem equipment, phone
13 36 77. If you do not have access to TTY or modem
equipment, phone the Speech to Speech Relay Service
on 1300 555 727.
01 SIMPLE RULES 3
What is food? 5
Pet food 5
Prepared meals 5
Snack packs 7
Confectionery 8
Savoury snacks 8
Hot food 8
Premises 8
01 Simple rules
Is your item covered by any of the simple rules? These rules
will identify the GST status of almost all of the food items you
sell. This section will also help you to understand when GST
is applied to food items in the food supply chain.
If you can’t work out the GST status of a food item or you need
to clarify some terminology, go to section 2.
■ Bread and bread rolls without a sweet coating (such as ■ Bakery products such as cakes, pastries, pies, sausage
icing) or filling. A glaze is not considered a sweet coating rolls (but not including bread and bread rolls)
■ Cooking ingredients, such as flour, sugar, pre-mixes and ■ Biscuits, crispbreads, crackers, cookies, pretzels, cones
cake mixes and wafers
■ Fats and oils for cooking ■ Savoury snacks, confectionery, ice-cream and similar
products (see ‘Savoury snacks’ on page 8)
■ Unflavoured milk, cream, cheese and eggs
■ Carbonated and flavoured beverages (including flavoured
■ Spices, sauces and condiments
milk) unless 100% fruit or vegetable juice
■ Bottled drinking water, or fruit or vegetable juice
■ All food and beverages sold in restaurants or for
(of at least 90% by volume)
consumption on the premises (see ‘Premises’ on page 8)
■ Tea and coffee (unless ready-to-drink)
■ Hot food (takeaway)
■ Baby food and infant formula
■ Food marketed as prepared meals and some prepared
■ All meats for human consumption food, including platters (see ‘Platters and other similar
(except prepared meals or savoury snacks) arrangements of food’ on page 6)
■ Fruit, vegetables, fish, and soup ■ Any food not for human consumption
(fresh, frozen, dried, canned or packaged)
■ Pet food or any food labelled or specified for animals
■ Spreads for bread (such as honey, jam and peanut butter)
■ Breakfast cereals
Consumer Consumer
PET FOOD
Any food labelled or specified for animals is not considered to
be food under the GST Act, as it is not for human consumption.
Pet food is taxable.
SNACK PACKS
EXAMPLE: Packaging
Snack packs can contain a combination of GST-free and taxable
goods. How they are treated for GST purposes will depend on
their contents and packaging. Richard is a breakfast cereal manufacturer. He buys
50,000 cardboard boxes from a paper manufacturer for
$22,000, including $2,000 GST. The sale is subject to GST
EXAMPLE: Snack packs as the boxes do not contain any food. Packaging is not
considered ‘packaging for food’ until it contains, and is sold
Where a GST-free food item is packaged together with a with, food.
taxable food item (for example cheese and biscuits) as a Richard then packs the breakfast cereal in the cardboard
snack pack, it is subject to GST. The snack pack will be boxes and sells ‘boxes of breakfast cereal’ to a retailer
taxable as the items are packaged together, marketed and for $100,000. The sale of the breakfast cereal is GST-
sold as a single product. free. The packaging (cardboard box) is also GST-free as it
contains the breakfast cereal and is considered normal and
necessary packaging for food.
HAMPERS AND MIXED SUPPLIES
Where a mix of GST-free and taxable individually packaged If Richard packs the cereal in a re-useable plastic container,
goods is packed and sold together (such as a hamper the plastic container will be taxable, as it is not considered
containing a packet of biscuits, a box of chocolates, a coffee normal and necessary packaging for the breakfast cereal.
cup and a jar of coffee), these items are to be taxed individually
as a mixed sale. The biscuits, chocolates and cup are taxable
and the coffee is GST-free. NORMAL AND NECESSARY PACKAGING
Paper and plastic bags supplied for groceries that are supplied
For the purposes of GST, a hamper can be a basket, decorative free of charge to the customer are not subject to GST.
box or other similar container holding any number of separately
identifiable products. The hamper will be taxed as a mixed sale. Containers, spoons, straws or similar objects that are usually
You should note that if the hamper consists of a ‘basket’ or sold separately, rather than being packaged with the food, are
similar packaging that has a lasting value (for example, a picnic not considered normal and necessary packaging. Even though
basket), the supply of the basket will be subject to GST. You these items are a separate sale, they are often provided free of
should refer to ‘Normal and necessary packaging’ for more charge (for example, straws supplied separately with bottled
information. water). If such items are provided free to help purchasers
prepare or consume the food, and the items have no lasting
value (for example, they are disposable), they are not subject
FOOD PAST ITS USE-BY DATE to GST. A de minimis rule can be adopted in circumstances
Food past its use-by date is not automatically considered
where GST-free food is contained in packaging that may
unfit for human consumption. The seller must determine the
not be considered normal and necessary. If the cost price of
condition of the food.
the packaging is relatively low and is below the de minimis
As there is no formal fitness test, the use-by date is a guide for threshold, we will accept that the packaging is normal and
the seller to determine whether the food is suitable for human necessary and the sale of the packaging is GST-free.
consumption.
The de minimis rule applies when packaging of GST-free food
Food not for human consumption is not considered to be food is not charged at a separate price and the cost price of the
under the GST Act and is taxable. The use-by date does not packaging is the lesser of:
directly govern the GST status of the product. ■ $3 excluding GST, or
■ 20% of the wholesale value of the total sale.
Packaging that is more than usual and necessary for the sale of PREMISES
the food is taxable. For example, if breakfast cereal is supplied Premises in relation to a sale of food includes:
in a plastic container intended for re-use, the container is ■ the place where the sale takes place, for example,
taxable. The sale would be partly taxable (container) and partly supermarkets, restaurants, cafes, snack bars, hotels, clubs,
GST-free (cereal). reception lounges, aircraft, boats, trains, venues for catered
Special promotional packaging of food (for example, a rack for functions or food courts where tables are supplied for
spices) is not normal and necessary. Promotional items that customers of food retailers
accompany the food and packaging are also not normal and ■ the grounds surrounding restaurants, cafes, snack bars,
necessary (for example, drink containers and recipe books of hotels, clubs reception lounges and venues for catered
lasting value). These promotional items accompanying the food functions, and
and packaging, and items that are usually supplied separately, ■ any venues associated with leisure sport or entertainment,
are not covered by the de minimis rule. with clear boundaries or limits.
However, premises do not include public thoroughfares unless
For more information on packaging refer to Goods an area has been designated for use in connection with the
and Services Tax Determination GSTD 2000/6 Goods and food supply outlet.
Services Tax: when is the supply of food packaging GST- The following venues associated with leisure, sport or
free in terms of section 38-6 of the A New Tax System entertainment fit within the definition of ‘premises’ in the context
(Goods and Services Tax) Act 1999? of ‘a sale of food for consumption on the premises it is supplied
To access GST determinations visit www.ato.gov.au and from’:
select ‘Rulings and law’, ‘Public determinations’, ‘GST’. ■ football grounds ■ exhibition halls
■ sports grounds ■ theme parks
■ golf courses ■ showgrounds
CONFECTIONERY ■ gyms ■ aquariums
Confectionery is subject to GST. Confectionery includes food ■ ice-skating rinks ■ galleries
that is marketed as confectionery, such as chocolate and lollies
■ motor racing circuits ■ gardens
as well as muesli bars and glacé fruit. However, candied peel is
■ racecourses ■ museums
not confectionery.
■ swimming pools ■ zoos
■ tennis centres ■ cinemas
SAVOURY SNACKS
■ tenpin bowling alleys ■ concert halls
Foods that were defined as savoury snacks for wholesale sales
tax purposes are considered taxable savoury snacks for GST ■ air-show venues ■ entertainment centres, and
purposes (with some minor changes). Caviar and other fish roe ■ theatres ■ amusement parks/arcades.
products are specifically included as savoury snacks. Seeds and
nuts that have been processed or treated by salting, spicing,
smoking or roasting, or similarly processed or treated, are also For more information on premises refer to:
taxable. Raw nuts are GST-free. ■ Goods and services tax determination GSTD 2000/4
Goods and Services Tax: what does the word
‘premises’ mean in the expression, ‘a supply of food for
HOT FOOD consumption on the premises from which it is supplied’?
Hot food means food for consumption that has been heated and
above the generally surrounding air temperature.
■ Goods and services tax determination GSTD 2000/5
Food that you sell while it is still warm because it happens to be Goods and Services Tax: when is a supply of food, in
freshly baked is GST-free (unless it falls under another category terms of paragraph 38-3(1)(a) of the A New Tax System
of taxable food). For example, freshly baked bread is GST-free. (Goods and Services Tax) Act 1999, ‘for consumption on
the premises from which it is supplied’?
Hot and cold food supplied as a single item for consumption
away from the premises (such as sausage and onion on a slice To access GST determinations visit www.ato.gov.au and
of bread) is subject to GST. select ‘Rulings and law’, ‘Public determinations’, ‘GST’.