Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Chapter 7 - Reviewable GST decisions
Overview
7.1 This Chapter explains how you will be able to use existing review mechanisms in the Taxation Administration Act 1953 to challenge decisions made under the GST law if you are dissatisfied with them. Division 7 of new Part VI lists all the decisions made under a GST law which are subject to review through these mechanisms.
Explanation of the legislation
7.2 The mechanisms and conditions for a person dissatisfied with a taxation decision to object against the decision and, ultimately, to request a review or appeal against the decision are set out in existing Part IVC of the Taxation Administration Act 1953 .
7.3 These provisions will apply if you wish to object against a reviewable GST decision that you are not satisfied with. [New subsection 62(1)]
7.4 Reviewable GST decisions made under provisions of the GST Act are listed in the table in new subsection 62(2) . Reviewable GST decisions made under Part VI are listed in the table in new subsection 62(3) .
7.5 Unless a specific time limit applies to the particular decision you are dissatisfied with, existing section 14ZW requires that you must lodge your objection within 60 days after notice of the decision has been served on you. This rule will apply to most types of reviewable GST decisions including declarations made under the general anti-avoidance provision (Division 165 of the GST Act).
7.6 Assessments made under Division 2 of new Part VI are reviewable GST decisions to which a specific time limit applies. For these decisions you must lodge your objection within 4 years after the end of the relevant tax period or 4 years after the importation of goods to which the assessment objected against relates, or within 60 days of the relevant assessment notice being served on you, whichever is the later. [Schedule 1, item 6]