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

Chapter 2 - The basic rules  

Part 2-6 - Tax periods  

Division 29 - What is attributable to tax periods  

Subdivision 29-A - The attribution rules  

29-25   Commissioner may determine particular attribution rules  

(1)    
The Commissioner may, in writing, determine the tax periods to which:


(a) GST on * taxable supplies of a specified kind; or


(b) input tax credits for * creditable acquisitions of a specified kind; or


(c) input tax credits for * creditable importations of a specified kind; or


(d) * adjustments of a specified kind;

are attributable.


(2)    
However, the Commissioner must not make a determination under this section unless satisfied that it is necessary to prevent the provisions of this Division and Chapter 4 applying in a way that is inappropriate in circumstances involving:


(a) a supply or acquisition in which possession of goods passes, but title in the goods will, or may, pass at some time in the future; or


(b) a supply or acquisition for which payment is made or an * invoice is issued, but use, enjoyment or passing of title will, or may, occur at some time in the future; or


(c) a supply or acquisition occurring, but still being subject to a statutory cooling off period under an * Australian law ; or


(d) a supply or acquisition occurring before the supplier or * recipient knows it has occurred; or


(e) a supply or acquisition occurring before the supplier or recipient knows the total * consideration ; or


(f) a supply or acquisition made under a contract that is subject to preconditions; or


(g) a supply or acquisition made under a contract that provides for retention of some or all of the consideration until certain conditions are met; or


(h) a supply or acquisition for which the GST treatment will be unknown until a later supply is made.


(3)    
Determinations under subsection (1) override the provisions of this Division (except this section) and Chapter 4 , but only to the extent of any inconsistency.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.