GST Rights and Obligations in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Goods and Services Tax (GST) is a 10% tax on most goods, services, and other items sold or consumed in Australia. It is governed by A New Tax System (Goods and Services Tax) Act 1999.
You must register for GST if your business has a GST turnover of $75,000 or more per year (or $150,000 or more for non-profit organisations). If your turnover is below these thresholds, registration is voluntary.
Once registered, you must charge GST on your taxable supplies, lodge a Business Activity Statement (BAS) — usually quarterly — and pay the GST you collected minus any GST credits you are entitled to on your business purchases.
Some items are GST-free, including most basic food, health services, education, and exports. Others are input-taxed, such as financial supplies and residential rent, meaning no GST is charged and no credits can be claimed.
If you are registered, you must issue tax invoices for sales of $82.50 or more (including GST) when requested by the buyer.
When does it apply?
This applies to businesses and sole traders operating in Australia.
- You must register if your annual GST turnover is $75,000 or more.
- Taxi and rideshare drivers must register for GST regardless of turnover.
- You can voluntarily register below the threshold to claim GST credits on business purchases.
What to Do If You Are Unsure About Your Australian GST Registration or BAS Obligations
- Register for GST through the Australian Business Register (ABR) if required.
- Lodge your BAS on time — quarterly BAS is due 28 days after the end of each quarter.
- Issue tax invoices for taxable sales of $82.50 or more when requested.
- Claim GST credits on business purchases — keep tax invoices as evidence.
- Separate GST-free and input-taxed items in your accounting records.
What should you NOT do?
- Don't charge GST if you are not registered — it is an offence to collect GST without being registered.
- Don't claim GST credits on private purchases — only business expenses qualify.
- Don't ignore your BAS — late lodgement attracts penalties and interest from the ATO.
- Don't charge GST on GST-free supplies such as basic food and medical services.
- Don't forget to cancel your registration if your turnover drops below $75,000 and you no longer wish to be registered.
How New South Wales differs from federal law
GST is a federal tax administered by the ATO under the A New Tax System (Goods and Services Tax) Act 1999. NSW businesses registered for GST follow the same rules as all other states.
- NSW businesses with annual turnover of $75,000 or more (or $150,000 for non-profits) must register for GST and lodge Business Activity Statements (BAS) with the ATO.
- NSW does not impose any additional state-level sales tax — the GST replaced all state indirect taxes through the Intergovernmental Agreement on Federal Financial Relations.
- All GST revenue is distributed to the states and territories. NSW receives its share based on the Commonwealth Grants Commission horizontal fiscal equalisation methodology.
- NSW businesses must issue tax invoices for sales of $82.50 or more (GST-inclusive) and keep records for at least 5 years.
Additional Steps in New South Wales
Register for GST through the Australian Business Register (abr.gov.au). Lodge BAS through your myGov ATO account or through a registered BAS agent or tax agent.
Relevant Law: A New Tax System (Goods and Services Tax) Act 1999 (Cth); Taxation Administration Act 1953 (Cth), Schedule 1
Common Questions
When does gst rights and obligations apply?
This applies to businesses and sole traders operating in Australia.You must register if your annual GST turnover is $75,000 or more.Taxi and rideshare drivers must register for GST regardless of turnover.You can voluntarily register below the threshold to claim GST credits on business purchases.
What should I do if I'm not sure whether I need to register for GST in Australia?
Register for GST through the Australian Business Register (ABR) if required.Lodge your BAS on time — quarterly BAS is due 28 days after the end of each quarter.Issue tax invoices for taxable sales of $82.50 or more when requested.Claim GST credits on business purchases — keep tax invoices as evidence.Separate GST-free and input-taxed items in your accounting records.
What mistakes should I avoid with gst rights and obligations?
Don't charge GST if you are not registered — it is an offence to collect GST without being registered.Don't claim GST credits on private purchases — only business expenses qualify.Don't ignore your BAS — late lodgement attracts penalties and interest from the ATO.Don't charge GST on GST-free supplies such as basic food and medical services.Don't forget to cancel your registration if your turnover drops below $75,000 and you no longer wish to be registered.
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