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

Chapter 4 - The special rules

Part 4-2 - Special rules mainly about supplies and acquisitions

Note:

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

Division 93 - Time limit on entitlements to input tax credits

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History

Div 93 inserted by No 20 of 2010, s 3 and Sch 1 item 7, 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

(i) GST returns referred to in paragraph (a); or

(ii) assessments referred to in paragraph (b).

Former Div 93 repealed by No 156 of 2000, s 3 and Sch 6 item 31, applicable in relation to net amounts for tax periods starting on or after 1 July 2000. Div 93 formerly read:

Division 93 - Returnable containers
93-1 What this Division is about
This Division allows for input tax credits for the acquisition of returnable containers from people who are not making taxable supplies. 93-5 Creditable acquisitions of returnable containers
(1)
If you acquire a *returnable container from an entity that is not *registered or *required to be registered, the fact that the supply of the container to you is not a *taxable supply does not stop the acquisition being a *creditable acquisition.

(2)
A container is a returnable container if entities of a kind provided under a *State law or *Territory law are obliged under that law:

(a) to accept delivery of that container when empty; and

(b) to pay a refund to the entity delivering the container.

(3)
This section has effect despite section 11-5 (which is about what is a creditable acquisition).
93-10 How much are the input tax credits for creditable acquisitions of returnable containers?
(1)
The amount of the input tax credit on a *creditable acquisition of a *returnable container is an amount equal to 1/11 of:

(a) the *consideration that you provide, or are liable to provide, for the acquisition; or

(b) if that consideration is more than the amount of the refund that you are obliged to pay under the *State law or *Territory law in question - the amount of the refund that you are obliged to pay.

(2)
However, this section does not apply if the supply of the container to you is a *taxable supply.

(3)
This section has effect despite section 11-25 (which is about the amount of input tax credits for creditable acquisitions).
93-15 Attributing creditable acquisitions of returnable containers
(1)
If you are entitled to the input tax credit for a *creditable acquisition of a *returnable container but the supply of the container was not a *taxable supply, the input tax credit for the acquisition is attributable to:

(a) the tax period in which any *consideration is received for a subsequent *taxable supply of the container; or

(b) if, before any of the consideration is received, you have issued an *invoice relating to the supply - the tax period in which the invoice is issued.

(2)
However, if you *account on a cash basis, then:

(a) if, in a tax period, all of the *consideration is received for the subsequent *taxable supply - the input tax credit for the acquisition is attributable to that tax period; or

(b) if, in a tax period, part of the consideration is received - the input tax credit for the acquisition is attributable to that tax period, but only to the extent that the consideration is received in that tax period; or

(c) if, in a tax period, none of the consideration is received - none of the input tax credit for the acquisition is attributable to that tax period.

(3)
Subsection 29-10(3) does not apply in relation to a *creditable acquisition of a *returnable container if the supply of the container was not a *taxable supply.

(4)
This section has effect despite section 29-10 (which is about attributing the input tax credits for creditable acquisitions).
93-20 Ownership of returnable containers
To avoid doubt, if a *returnable container is delivered to you in circumstances under which you are obliged, under a *State law or *Territory law, to make a refund to the entity delivering the container, your acceptance of the delivery is an acquisition of the container:

(a) whether or not you owned the container immediately prior to the delivery; and

(b) whether or not you become the owner of the container on that delivery. 93-25 Food packaging that was supplied GST-free
This Division does not apply to the acquisition of a *returnable container if the supply of the container to the entity from which you acquired it was a supply of packaging that was *GST-free under section 38-6.
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History

S 93-25 inserted by No 176 of 1999, s 3 and Sch 1 item 97, effective 1 July 2000.

93-10 Exceptions to time limit on entitlements to input tax credits

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(1)
(Repealed by No 39 of 2012)

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History

S 93-10(1) repealed by No 39 of 2012, s 3 and Sch 1 item 245, effective 1 January 2017 and applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. S 93-10(1) formerly read:

Commissioner has notified you of excess or refund etc.

(1)
You do not cease under section 93-5 to be entitled to an input tax credit to the extent that:

(a) the input tax credit arises out of circumstances that also gave rise to the whole or a part of:

(i) an amount, or an amount of an excess, in relation to which paragraph 105-50(3)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; or

(ii) a refund, other payment or credit in relation to which paragraph 105-55(1)(b) in Schedule 1 to that Act applies; and

(b) the Commissioner gave to you the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 29-10(1) or (2) of this Act.
Note 1:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts, and section 105-55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.

Note 2:

Section 93-15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93-5 of this Act will apply.

Note 3:

Sections 105-50 and 105-55 in Schedule 1 to the Taxation Administration Act 1953 only apply in relation to tax periods starting before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

S 93-10(1) amended by No 39 of 2012, s 3 and Sch 1 item 224, by inserting notes 3 and 4, effective 1 July 2012.

(2)
(Repealed by No 39 of 2012)

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History

S 93-10(2) repealed by No 39 of 2012, s 3 and Sch 1 item 245, effective 1 January 2017 and applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. S 93-10(2) formerly read:

Excess relates to amount avoided by fraud or evaded

(2)
You do not cease under section 93-5 to be entitled to an input tax credit to the extent that the input tax credit arises out of circumstances that also gave rise to:

(a) the whole or a part of an amount in relation to which paragraph 105-50(3)(b) in Schedule 1 to the Taxation Administration Act 1953 applies; or

(b) an amount of an excess, in relation to which that paragraph applies.
Note 1:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.

Note 2:

Section 93-15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93-5 of this Act will apply.

Note 3:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

S 93-10(2) amended by No 39 of 2012, s 3 and Sch 1 item 225, by inserting notes 3 and 4, effective 1 July 2012.

(3)
(Repealed by No 39 of 2012)

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History

S 93-10(3) repealed by No 39 of 2012, s 3 and Sch 1 item 245, effective 1 January 2017 and applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. S 93-10(3) formerly read:

You have notified the Commissioner of refund etc.

(3)
You do not cease under section 93-5 to be entitled to an input tax credit to the extent that:

(a) the input tax credit arises out of circumstances that also gave rise to the whole or a part of a refund, other payment or credit in relation to which paragraph 105-55(1)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; and

(b) you gave to the Commissioner the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 29-10(1) or (2) of this Act.
Note 1:

Section 105-55 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which you can claim amounts relating to indirect tax.

Note 2:

Section 93-15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93-5 of this Act will apply.

Note 3:

Section 105-55 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

S 93-10(3) amended by No 39 of 2012, s 3 and Sch 1 item 226, by inserting notes 3 and 4, effective 1 July 2012.

Amendment of assessments in relation to supplies

(4)

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You do not cease under section 93-5 to be entitled to an input tax credit if:

(a) the input tax credit is for a * creditable acquisition that relates to making a supply; and

(b) during the period of 4 years mentioned in subsection 93-5(1) , a * net amount of yours is * assessed on the basis that the supply is * input taxed ; and

(c) after the end of that 4-year period, the Commissioner amends the assessment of your net amount for the tax period to which the supply is attributable under section 155-35 , 155-45 or 155-50 , or paragraph 155-60(a) or (b) , in Schedule 1 to the Taxation Administration Act 1953 on the basis that the supply is not input taxed; and

(d) the input tax credit is taken into account in an assessment of a net amount of yours (the credit assessment ):

(i) after the end of that 4-year period; and

(ii) at a time when the Commissioner may amend the assessment of your net amount for the tax period mentioned in subsection 93-5(1) of this Act (whether the credit assessment or another assessment) under Subdivision 155-B in Schedule 1 to the Taxation Administration Act 1953 on the basis that you are entitled to the input tax credit.

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Request to treat document as tax invoice

(5)

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If:

(a) you requested the Commissioner to treat a document under subsection 29-70(1B) as a * tax invoice for the purposes of attributing an input tax credit to a tax period; and

(b) you made the request before the end of the 4-year period mentioned in subsection 93-5(1) in relation to the tax period; and

(c) the Commissioner agrees to the request after the end of the 4-year period;

you do not cease under section 93-5 to be entitled to the input tax credit to the extent that, had the Commissioner agreed to the request before the end of the 4-year period, you would not cease under that section to be entitled to the credit.

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