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Former Div 93 repealed by No 156 of 2000, s 3 and Sch 6 item 31, applicable in relation to net amounts for tax periods starting on or after 1 July 2000.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

93-15 GST no longer able to be taken into account

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You are not entitled to an input tax credit for a *creditable acquisition to the extent that GST on the related supply has not been taken into account in the *assessment of the supplier ' s *net amount for the tax period to which that GST is attributable if:

(a) the period of review (within the meaning of section 155-35 in Schedule 1 to the Taxation Administration Act 1953 ) for that assessment has ended; and

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(b) when that period of review ended, you did not hold a *tax invoice for the creditable acquisition.

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History

S 93-15 substituted by No 21 of 2015, s 3 and Sch 7 item 5, applicable in relation to each creditable acquisition for which the GST on the related supply is attributable to a tax period, or tax periods, starting after 19 March 2015. S 93-15 formerly read:

93-15 GST ceasing to be payable on the related supply
You are not entitled to an input tax credit for a * creditable acquisition if:

(a) GST has ceased to be payable (other than as a result of its payment) on the supply that is related to the creditable acquisition; and

(b) at the time of the cessation, you did not hold a * tax invoice for the creditable acquisition.

S 93-15 amended by No 39 of 2012, s 3 and Sch 1 items 83 and 84, by substituting " You are not entitled to an input tax credit for a *creditable acquisition " for " Section 93-10 does not apply " and " creditable acquisition " for " *creditable acquisition for which you would be entitled to an input tax credit but for this section " in para (a), 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 93-15 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).

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