ATO’s view of food product GST classification upheld by AAT

This decision draws attention to the ATO’s active engagement with taxpayers in relation to GST product classification, as discussed by Catherine Ommundson and Rory Tattersall.

In a recent decision, Chobani Pty Ltd and Commissioner of Taxation (Taxation) [2023] AATA 1664 (16 June 2023), the Administrative Appeals Tribunal (AAT) agreed with the Commissioner of Taxation (Commissioner) that Chobani’s well-known “Flip” yoghurt products should be taxable for GST purposes (i.e. subject to GST).  The AAT affirmed the Commissioner’s decision to disallow Chobani’s objection in relation to the taxable treatment of its Flip product.  The decision was reached on the...

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Authors: Catherine Ommundson, Rory Tattersall

Published Date: 10 July 2023