Quick answer: Often a referral service supplied by a GST-registered business for consideration can fall within the general taxable-supply rules, but the GST outcome depends on the actual arrangement and any relevant exceptions. A professional firm should confirm the treatment of its referral agreement rather than assuming every commission is automatically GST-free or GST-inclusive.
This is a tax-characterisation question, not something to guess from the word "commission."
Start with the general taxable-supply test
Section 9-5 of the GST Act looks at whether:
- there is a supply for consideration;
- the supply is made in the course or furtherance of an enterprise;
- it is connected with Australia; and
- the supplier is registered or required to be registered.
A supply can still be outside GST or treated differently where a specific exception applies.
A referral can itself be a service
ATO material includes examples where services that bring customers to another business are treated as supplies for consideration. That does not mean every referral arrangement has identical GST treatment, but it shows why the payment should not simply be ignored for GST purposes.
Questions to settle before the first payment
A professional firm should clarify:
- whether the stated referral amount is GST-inclusive or plus GST;
- whether the referrer is registered for GST;
- what tax invoice or recipient-created tax invoice process is being used;
- when the commission is treated as earned;
- how adjustments or clawbacks are handled.
Keep GST separate from credit-law disclosure
Whether GST applies to the payment is a tax question.
Whether the referral fee needs to be disclosed to the client under credit or professional-conduct rules is a different question.
A good partner agreement deals with both rather than mixing them together.
Related referral guides
- Finance referral income for accountants
- Finance referral rules for advisers
- How finance referral partnerships work
- GPS Finance partner program
Sources and verification
General information only. Referral, licensing, professional-conduct, tax and disclosure obligations depend on the activity, profession, client and arrangement. This is not legal, tax or accounting advice. Check the requirements that apply to your practice before relying on a referral exemption or accepting remuneration.
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