Part 5
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Special transitional rules
23
Input tax credits relating to compulsory third party schemes
(1)
You are not entitled to an input tax credit for:
(a)
a premium, contribution or similar payment made under, or a levy paid in connection with, a compulsory third party scheme, if the premium, contribution or similar payment relates to a period commencing before 1 July 2003; or
(b)
a premium paid, in respect of a period of cover commencing before 1 July 2003, on an insurance policy issued under a compulsory third party scheme.
History
S 23(1) amended by No 12 of 2003, s 3, Sch 4 items 1 and 2 by inserting ``, if the premium, contribution or similar payment relates to a period commencing'' after ``scheme'' in para (a), and by inserting ``in respect of a period of cover commencing'' after ``paid,''in para (b), applicable in relation to net amounts for tax periods starting on or after 1 July 2000.
(1AA)
It does not matter, for the purposes of subsection (1), whether the payment occurred before, on or after 1 July 2003.
History
S 23(1AA) inserted by No 12 of 2003, s 3, Sch 4 item 3, applicable in relation to net amounts for tax periods starting on or after 1 July 2000.
(1A)
If, because of subsection (1), you are not entitled to an input tax credit for an acquisition you make,
section 29-70
of the GST Act (which is about tax invoices) does not apply in relation to the supply to which the acquisition relates.
History
S 23(1A) inserted by No 92 of 2000, s 3 and Sch 8 item 6, effective 9 July 1999.
(2)
A
compulsory third party scheme
is:
(a)
a statutory compensation scheme; or
(b)
a scheme or arrangement, established by an Australian law, under which insurance policies are issued;
that is specified in the regulations, or that is of a kind specified in the regulations.
History
S 23 substituted by No 177 of 1999, s 3 and Sch 2 item 21, effective 9 July 1999. S 23 formerly read:
23 Input tax credits for insurance premiums
(1)
You are not entitled to an input tax credit for a premium paid on an insurance policy before 1 July 2003 unless:
(a)
you are registered; and
(b)
you have notified the Commissioner, in the approved form, that you intend to claim all input tax credits for which you are entitled for payments of the premiums on insurance policies before 1 July 2003; and
(c)
the policy commences on or after the day on which your notification takes effect.
(2)
You may only notify the Commissioner once, and you may not revoke your notification.
(3)
You may only notify the Commissioner:
(a)
before you become registered; or
(b)
at the time that you lodge a GST return.
(4)
Your notification takes effect on:
(a)
if you notified the Commissioner before you became registered
-
the date of effect of your registration; or
(b)
if you notified the Commissioner at the time that you lodged a GST return
-
the day after the day on which you lodged the GST return.
S 23 substituted by No 176 of 1999, s 3 and Sch 6 item 12, effective 9 July 1999. S 23 formerly read:
23 Input tax credits for insurance premiums
You are not entitled to an input tax credit for a premium paid on an insurance policy before 1 July 2003 unless you notify the Commissioner, in the approved form, that you are claiming an input tax credit for payment of the premium.