Chapter 2
-
The basic rules
Part 2-4
-
Net amounts and adjustments
Division 19
-
Adjustment events
Subdivision 19-C
-
Adjustments for acquisitions
19-70
Where adjustments for acquisitions arise
(1)
You have an
adjustment
for an acquisition for which you are entitled to an input tax credit (or would be entitled to an input tax credit if the acquisition were a *
creditable acquisition
) if:
(a)
in relation to the acquisition, one or more *
adjustment events
occur during a tax period; and
(b)
an input tax credit on the acquisition was attributable to an earlier tax period (or, if the acquisition was not a creditable acquisition, would have been attributable to an earlier tax period had the acquisition been a creditable acquisition); and
(c)
as a result of those adjustment events, the *
previously attributed input tax credit amount
for the acquisition (if any) no longer correctly reflects the amount of the input tax credit (if any) on the acquisition (the
corrected input tax credit amount
).
History
S 19-70(1) amended by No 134 of 2004, s 3 and Sch 2 item 4, by omitting the words
"
taking into account any change of circumstances that has given rise to an adjustment for the acquisition under this Subdivision or Division 21 or 129
"
at the end of para (c), applicable in relation to net amounts for tax periods starting, or that started, on or after:
(a) for entities that, on 1 October 2004, had quarterly tax periods applying to them
-
1 October 2004; or
(b) for other entities
-
1 November 2004.
S 19-70 amended by No 177 of 1999, s 3 and Sch 1 item 15, by substituting
"
taking into account any change of circumstances that has given rise to an adjustment for the acquisition under this Subdivision or Division 21 or 129
"
for
"
taking into account any adjustments for the acquisition
"
in para (c), effective 1 July 2000.
(2)
In working out the *
corrected input tax credit amount
for the acquisition:
(a)
take into account any change of circumstances that has given rise to an adjustment for the acquisition under this Subdivision or Division
21
,
129
,
133
or
134
; and
(b)
if an adjustment relating to the acquisition under Division
131
was attributable to an earlier tax period:
(i)
do not take into account that adjustment; and
(ii)
treat the acquisition as one in relation to which Division
131
had not applied.
History
S 19-70(2) amended by No 21 of 2010, s 3 and Sch 1 item 3, by substituting
"
, 133 or 134
"
for
"
or 133
"
in para (a), applicable in relation to payments made on or after 1 July 2010.
S 19-70(2) amended by No 20 of 2010, s 3 and Sch 1 item 3, by substituting
"
, 129 or 133
"
for
"
or 129
"
in para (a), applicable, and taken to have applied, in relation to acquisitions and adjustments that are taken into account in:
(a) GST returns given to the Commissioner under the
A New Tax System (Goods and Services Tax) Act 1999
after 7.30 pm Australian Eastern Standard Time on 12 May 2009; or
(b) assessments made by the Commissioner under Subdivision
105-A
in Schedule
1
to the
Taxation Administration Act 1953
after that time; or
(c) amendments of:
(i) GST returns referred to in paragraph (a); or
(ii) assessments referred to in paragraph (b).
S 19-70(2) inserted by No 134 of 2004, s 3 and Sch 2 item 5, applicable in relation to net amounts for tax periods starting, or that started, on or after:
(a) for entities that, on 1 October 2004, had quarterly tax periods applying to them
-
1 October 2004; or
(b) for other entities
-
1 November 2004.