A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-4 - Special rules mainly about net amounts and adjustments  

Note:

The special rules in this Part mainly modify the operation of Part 2-4 , but they may affect other Parts of Chapter 2 in minor ways.

Division 142 - Excess GST  

Subdivision 142-A - Excess GST unrelated to adjustments  

142-16   No refund of excess GST relating to supplies treated as non-taxable importations  

(1)    
This section applies to an amount of GST on a supply (the low value goods GST ) that is taken into account in your *assessed net amount for a tax period if:

(a) you incorrectly treated the low value goods GST as payable on a supply of goods; and

(b) an importation of the goods was a *taxable importation, but was incorrectly treated as being a *non-taxable importation under section 42-15 ; and

(c) the *recipient of the supply is a *consumer of the supply.

(2)    
For the purposes of each *taxation law, the low value goods GST is taken to have always been payable on a *taxable supply until:

(a) to the extent (if any) that you have *passed on the GST to another entity - you reimburse the other entity for the passed on GST; and

(b) an entity provides to you a declaration or information that indicates that GST has been paid on the *taxable importation.