Travelex Limited v Commissioner of Taxation

[2009] FCAFC 133

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Catchwords

1. Taxation
2. › Goods and services tax
3. › GST-free supplies
4. › Exports and supplies for consumption outside Australia
5. › Supply of things other than goods or real property
6. › Whether supply of foreign currency is a 'supply in relation to rights'
7. › Whether rights incidental to holding legal tender are 'rights' within item 4
8. › A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 9-5, 9-10, 38-190(1) item 4
1. Taxation
2. › Goods and services tax
3. › Statutory construction
4. › Characterisation of supply
5. › Practical and business point of view
6. › Whether juristic disaggregation of rights inherent in currency supplied is permissible
7. › A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 9-10(2)(e), 9-10(2)(f), 9-10(4), 38-190(1)

Quick Take

The sale of foreign currency to departing travellers does not qualify as a GST-free supply under item 4 of s 38-190(1), even where the currency is intended for use outside Australia; such supplies are input taxed as financial supplies.

Case Details

Citation[2009] FCAFC 133

CourtFCAFC

JurisdictionCommonwealth

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Cited by8

2025NSW Self Insurance Corporation v CN1 Pty LimitedNSWCATAP 27
2020N & M Martin Holdings Pty Ltd v Commissioner of TaxationFCA 1186
2020Peter Greensill Family Co Pty Ltd (trustee) v Commissioner of TaxationFCA 559
2020Commissioner of Taxation v Travelex LimitedFCAFC 10
and 4 more after sign-in

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