A common query: GST treatment of grants issued by non-profits

The Purpose team sometimes fields queries about the application of GST to grants, where a non-profit runs its own grant-giving program. These may be devolved Government grants, or they may be funded through donations received by the org.
 
In these cases, what is the GST treatment on the grant? Has the definition of a ‘supply’ been met, in relation to the grant? Here’s some advice we provide to clients on the subject… 

  • Irrespective of where an organisation receives its funding, we only need to determine if the grant recipient provides a taxable supply in the course of operating their business.
     
  • Based on the GST Act (A New Tax System (Goods and Services Tax) Act 1999), section 9-10, the meaning of supply includes an entry into, or a release from, an obligation to do anything.
     
  • So – we need to look at the grant agreement in question and ask: is there a clear, binding obligation for the grant’s recipient to perform a project, as per agreement?
     
  • If yes, on this basis, there is a taxable supply provided by the grant recipient to the organisation, therefore the GST should apply.

See Example 3 of the Goods and Services Tax ruling (GSTR2012) below, which addresses the same issue: 



The supply test will be the determinate in the vast majority of cases. There remains only a few exceptions, such as the below-cost supply of accommodation for by a non-profit.   
 
Your Purpose service team is always available to advise on issues of GST application so please reach out if you have any queries.

2024-07-23T02:49:09+00:00 May 14th, 2024|NFP sector|