Australia GST - Export service
The "Export Service" Problem: Field services performed by an Australian entity in a foreign country (PNG) for a foreign resident (the PNG Buyer) are almost certainly GST-free (zero-rated) as an "export service" under Australian GST law. They are not a "Taxable Supply." A single service cannot typically be subject to both PNG GST and Australian GST. * PNG GST applies because the services are performed in PNG. * AU GST applies only if the service is a "Taxable Supply" under Australian law. The parties agree the Price payable under this Agreement is exclusive of GST. : This is a standard and well-drafted "gross-up" clause. It is protective for the Seller, ensuring that any GST liability is an additional cost to the Buyer and does not eat into the Seller's margin. This clause is good for the Seller.