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Where you supply the software to a recipient located in Australia, it is a taxable supply.
Where you supply the software to a recipient located outside Australia, it is a GST-free supply under item 3 in the table in subsection 38-190(1) of the GST Act.
You must obtain the following information if the recipient of the supply is a company, partnership or trust:
• the residential status of the company, partnership or trust and their physical location at the time of the supply
• if the company, partnership or trust has no presence either through an agent or permanent establishment in Australia
• that the company, partnership or trust is not controlled or run by Australian residents
• if the non-resident company, partnership or trust has a presence in Australia, whether it is in relation to the supply.
If the US client does not satisfy any of the above conditions, then it is a GST-free supply. If this were the case, then you would not require to register for GST unless you choose to.
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