GST on migration agent fees, and what it applies to

A migration agent’s quote often contains two very different amounts: the agent’s own professional fee, and the Department’s visa application charge. People regularly confuse the two, especially when GST appears on one part of the quote but not the other. Another common problem is a quote that shows a professional fee first, then adds GST later, even though the Code of Conduct says fees must be quoted GST inclusive.

The two main parts of a migration quote#

Most migration quotes have at least two separate cost items.

The first is the professional fee. This is the amount charged by the registered migration agent or Australian legal practitioner for their work, such as assessing documents, preparing forms, lodging an application and communicating during the matter. Where the provider is registered for GST, that professional fee generally attracts GST.

The second is the Department’s charge. This is the visa application charge or another government fee paid to the Department of Home Affairs. It is not the agent’s income, and it is not the same thing as the professional fee.

These amounts should be separated clearly. That makes it easier to compare quotes and to see what is being paid to the adviser, and what is being paid to the government. On VisaBid, this is one reason itemised quotes matter, because they help people compare like with like when they describe a case and get quotes.

What GST usually applies to#

GST generally applies to the agent’s or lawyer’s own professional services, if that business is registered for GST. In practical terms, that means the professional fee often includes a GST component. Many migration matters are quoted with professional fees ranging from a few hundred dollars for limited work to several thousand dollars for a full application, depending on the visa stage and the amount of work involved.

The Department’s visa application charge is different. It is a government charge, not the agent’s own taxable income from providing migration assistance. An agent may collect that amount from a client and pass it on to the Department, but that does not turn the Department fee into the agent’s professional fee.

Some quotes also include third party costs. These can include translation fees, skills assessment fees, police checks, medicals, English tests, courier costs or barrister fees. Whether GST applies to those amounts depends on the supplier and the way the cost is charged, so the quote should show each item separately rather than bundle everything into one unclear figure.

Why GST-inclusive quoting matters#

The Migration Agents Code of Conduct 2021 requires clarity about fees. Under s46, a registered migration agent must provide a fee structure that includes disbursements and fees, and fees must be quoted as GST inclusive where GST is payable.

That matters because a quote can look cheaper than it really is if GST is added later. For example, if a professional fee is shown as one amount and the invoice later adds 10 per cent GST on top, the original quote was not presented in the way s46 requires. The total payable for the professional fee should already be shown GST inclusive.

This rule helps people compare providers fairly. If one quote says "$2,000 plus GST" and another says "$2,200 including GST", those figures are not being shown in the same way. Under s46, the compliant presentation is the GST-inclusive one.

A proper written agreement is also part of the process. Under s42, the agent must give a written agreement setting out the services and fees, and under s51, the agent must not ask for or accept payment before that agreement is in place. The consumer guide must also be given first under s38. You can read more about that on VisaBid’s consumer guide page.

What a compliant quote should show#

A clear quote does not need complicated tax language. It does need enough detail to show exactly what is being charged and why.

In practice, a compliant quote usually separates the following items:

• professional fee for the migration work
• GST on the professional fee, if payable, or a GST-inclusive total
• Department charges
• other third party costs or disbursements
• any staged fees, such as fees for preparation, lodgement or later steps

The cleanest format is often a GST-inclusive professional fee with a note stating that the amount includes GST. The Department’s charge should appear as a separate line item. This makes it clear that the government charge is not part of the adviser’s earnings.

Invoices and receipts also matter after the quote stage. Under s49, the agent must give invoices and receipts that record the transaction properly. If money is held on behalf of a client, the client account rules in s50 may also apply.

Red flags to look for in migration fee quotes#

Some fee problems are easy to miss, especially when a quote is sent by message or discussed over the phone before any written agreement arrives.

One red flag is a quote that says "plus GST" on the professional fee instead of showing the GST-inclusive total. Another is a quote that combines the professional fee and the Department charge into one grand total without explaining which part goes where. That can make comparison difficult and can hide the true adviser fee.

A further red flag is a request for money before any written agreement is given. Under s51 of the Code, payment is not meant to be taken before the agreement required by s42 is in place. It is also sensible to check whether the person offering migration assistance is actually registered, because giving immigration assistance in Australia while unregistered can breach s280 of the Migration Act 1958, and charging for it can raise issues under s281. A MARN can be checked on VisaBid’s operator check page.

Another warning sign is vague language about what the fee covers. A quote may say "full service" but not explain whether that includes preparing forms, uploading documents, dealing with requests for further information, or attending to health and character steps. The clearer the itemisation, the easier it is to compare quotes and understand future invoices.

How to compare quotes properly#

The safest way to compare migration quotes is to compare the same categories across each provider.

First, isolate the professional fee. Check whether it is shown as GST inclusive. If it is not, the quote is not being presented in the format required by s46 where GST is payable.

Second, separate out the Department’s charge and any other third party costs. Department charges change over time and are maintained on the relevant visa pages, so they are not useful as a measure of which adviser is cheaper. What usually differs most between providers is the professional fee, the scope of work and the level of service included.

Third, check whether the work is staged. Some providers quote one fee for an initial stage and later charge more for further steps. That is not necessarily improper, but the structure should be clear in writing from the start. VisaBid’s cost estimator can help with broad expectations before comparing detailed written quotes.

Finally, look at compliance details, not just price. A proper quote process usually includes the consumer guide under s38, a written agreement under s42, a GST-inclusive fee structure under s46 and proper invoicing under s49. A cheaper quote that does not follow those basics may be harder to rely on later.

If the quote looks wrong#

A person does not need to accept an unclear quote. It is reasonable to ask for the professional fee, GST, Department charges and disbursements to be broken out separately in writing.

If the concern is about a registered migration agent’s conduct, the Code of Conduct is the main reference point. Issues about fee presentation, invoicing, money handling and documents can often be traced back to specific sections such as s42, s46, s49, s50 and s54. VisaBid also has a page about complaints and next steps.

It is also important to keep documents. Written quotes, invoices, receipts and service agreements form the basic record of what was promised and what was paid. Under s56, agents must retain certain records for seven years.

Common questions#

Do migration agent fees include GST in Australia?#

The professional fee generally includes GST where the migration agent or legal practice is registered for GST. Under s46 of the Migration Agents Code of Conduct 2021, fees must be quoted GST inclusive where GST is payable. The Department’s charge is a separate item.

Is GST charged on the visa application fee?#

The Department’s visa application charge is a government charge, not the migration agent’s professional fee. In a quote, it should usually appear as a separate amount from the adviser’s fee. The GST issue usually relates to the adviser’s own professional services, not to the government charge as the agent’s income.

Can a migration agent quote plus GST?#

Where GST is payable, s46 of the Code requires fees to be quoted GST inclusive. That means a quote that lists the professional fee and then adds GST later is not presented in the required format. The total for that fee should already include the GST amount.

What should be on a migration agent invoice or receipt?#

The invoice or receipt should clearly identify what was charged, including the professional fee, any Department charges collected, and other disbursements or third party costs. Under s49 of the Code, proper invoices and receipts must be given. If client money is being held before it is applied, s50 on client accounts may also be relevant.

---

About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.