Re: Not a taxi company
@big_D
While I agree with your post, you're actually chasing after their red-herring.
It doesn't matter at all whether Uber is a 'taxi company' or a 'technology company', nor whether they dispatch taxis or or not, nor whether they use computers and 'apps' or radios and meters.
That's because it's not really about Uber Australia the company or Uber in the Netherlands or how they are shunting funds back and forward. In some respects they could operate entirely from overseas as there is no need to provide any services to drivers or customers locally.
What it's really about is the Uber drivers.
THEY are the ones actually providing the service to the consumer and, as that service is taxable under the GST, they are the ones who are required - by law - to collect that 10% and then remit it to the ATO.
That is the heart of the issue here and most everything else it just distraction. The reason is that GST is a consumption tax borne by the consumer and so is levied on the cost of the sale to the consumer. It has nothing to do with the revenue or anything else: if a taxable sale is made for $55 then $5 of that is GST that is paid by the consumer for the sole purpose of it going to the Government. That $5 is not there for the Uber driver to keep.
So what Uber as a company actually is and whatever semantic somersaults they pull are absolutely irrelevant to GST. GST is a tax on the consumer at the point of purchase so all that matters is the service that the consumer is paying to be supplied with.
Uber passengers are paying for a service offered and used and consumed in Australia and that service is provided by an entity (the driver) in Australia who is engaged in activities done "in the form of a business".
The back-end technicalities of what is involved, end-to-end, in providing that service has no bearing on that because the service being paid for by the consumer - the passenger - is to be driven from one location to another location by someone in a vehicle provided for public hire for a fee and.
Why does Uber care if their drivers have to register for the GST?
First, it identifies them and so makes it far easier to deal with driver if it is ruled that they are breaking state taxi regulations. Second, and this is perhaps the bigger one, it means that Uber will have to pay their drivers more, which means either taking a smaller cut for themselves or raising the fares, which will remove some of their competitive edge.
In essence, Uber drivers (in Australia) have been supplementing their earnings by pocketing the GST that should, by law, be remitted to the government. Thus they are able to accept a lower base payment. Remitting that GST collected to the ATO means that they must re-evaluate their earnings and may find that driver an Uber car is no longer feasible unless prices are raised.