Goods and Services Tax Ruling

GSTR 2000/12A3 - Addendum

Goods and services tax: attributing GST payable and input tax credits for supplies and acquisitions under lay-by sale agreements

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Addendum

This Addendum amends Goods and Services Tax Ruling GSTR 2000/12 to reflect changes in the law as a result of:

•

Tax Laws Amendment (2010 GST Administration Measures No. 1) Act 2010,

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Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010,

•

Indirect Tax Laws Amendment (Assessment) Act 2012,

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the addition of Division 93 to the A New Tax System (Goods and Services Tax) Act 1999 by the Tax Laws Amendment (2009 GST Administration Measures) Act 2010,

•

the repeal of regulations 29.70.01 and 29.70.02 of the A New Tax System (Goods and Services Tax) Regulations 1999 by the A New Tax System (Goods and Services Tax) Amendment Regulations 2010 (No. 1), and

•

the addition of regulation 29-80.02 to the A New Tax System (Goods and Services Tax) Regulations 1999 by the A New Tax System (Goods and Services Tax) Amendment Regulations 2009 (No. 2).

This Addendum also makes further minor amendments to GSTR 2000/12 and updates the references section.

GSTR 2000/12 is amended as follows:

1. Table of Contents

Omit:

Background     1

2. Paragraphs 1 to 5

Omit the paragraphs and associated heading.

3. Paragraph 12

(a) Omit '[to tax periods commencing]'.

(b) After paragraph 12, omit notes 1 and 2; insert:

12A. Changes made to this Ruling by Addenda that issued on 11 July 2007, 31 October 2012 and 20 November 2013 have been incorporated into this version of the Ruling.^[1A]

4. Paragraph 20

(a) Omit the paragraph including the footnote; substitute:

20. If the BAS for a tax period states a net amount that does not take into account an input tax credit attributable to that tax period, the input tax credit may be attributable to a later tax period under subsection 29-10(4) (subject to the four year time limit contained in Division 93).^[8]

(b) After the paragraph insert:

20A. Subsection 29-70(1) sets out the requirements for a tax invoice.^[8A] The required information may not necessarily be included on an invoice, in which case an invoice will not be a tax invoice. A tax invoice is required to be given to the recipient of the supply, by the supplier, within 28 days of a request by the recipient.^[8B]

5. Paragraph 24

After the paragraph; insert:

24A. If the BAS for a tax period states a net amount that does not take into account an input tax credit attributable to that tax period, the input tax credit may be attributable to a later tax period under subsection 29-10(4) (subject to the four year time limit contained in Division 93).^[14A]

24B. Subsection 29-70(1) sets out the requirements for a tax invoice.^[14B] The required information may not necessarily be included on an invoice, in which case an invoice will not be a tax invoice. A tax invoice is required to be given to the recipient of the supply, by the supplier, within 28 days of a request by the recipient.^[14C]

6. Footnote 18

Omit the footnote; substitute:

^18. There is no requirement to hold an adjustment note for a decreasing adjustment of an amount that does not exceed $75 (subsection 29-80(2) and regulation 29-80.02 of the A New Tax System (Goods and Services Tax) Regulations 1999).

7. Paragraph 32

Omit 'paragraphs (a) to (g)', substitute: 'paragraphs (a) to (h)'.

8. Paragraph 36

After 'determination' insert footnote 21A:

^21A. A New Tax System (Goods and Services Tax) Act 1999 (Particular Attribution Rules for Lay-By Sales) Determination (No. 1) 2000.

9. Paragraph 39

After 'paragraphs 42 to 68'; omit 'below' and insert 'of this Ruling'.

10. Paragraph 43

After 'paragraphs 44 and 45'; omit 'below' and insert 'of this Ruling'.

11. Footnote 24

Omit the footnote; substitute:

^24. See Goods and Services Tax Ruling GSTR 2000/29 Goods and services tax: attributing GST payable, input tax credits and adjustments and particular attribution rules made under section 29-25. This ruling was previously issued in draft form as GSTR 1999/D7.

12. Footnotes 22, 26, 27, 28, 29, 30, 32 and 33

Insert a full stop at the end of each footnote.

13. Detailed content list

Omit:

Background     1

14. Related Rulings / Determinations

Insert:

GSTR 2000/29; GSTR 2013/1

15. Legislative references

(a) Omit:

-

ANTS(GST)A99 29-25(2)(c)

-

ANTS(GST)A99 29-25(2)(d)

-

ANTS(GST)A99 29-25(2)(e)

-

ANTS(GST)A99 29-25(2)(g)

-

ANTS(GST)R99 29-70

-

ANTS(GST)R99 29-71

Insert:

-

ANTS(GST)A99 29-10(4)

-

ANTS(GST)A99 29-15

-

ANTS(GST)A99 29-25(2)(h)

-

ANTS(GST)A99 29-70(1)

-

ANTS(GST)A99 29-70(1A)

-

ANTS(GST)A99 29-70(1B)

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ANTS(GST)A99 29-70(2)

-

ANTS(GST)A99 Div 93

-

ANTS(GST)A99 93-5(1)

-

ANTS(GST)A99 93-10

-

ANTS(GST)A99 93-15

-

ANTS (GST)R99 29-80.02

(b) After Legislative references, insert:

Other references:

-

A New Tax System (Goods and Services Tax) Act 1999 (Particular Attribution Rules for Lay-By Sales) Determination (No. 1) 2000

This Addendum applies both before and after its date of issue, subject to the commencement and application provisions of each amending Act or Regulation to which it refers.

Commissioner of Taxation
20 November 2013

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

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References

ATO references:
NO 1-21HP7HI