Tax Laws Amendment (2009 GST Administration Measures) Act 2010 (20 of 2010)
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 1 Amendments relating to input tax credits
A New Tax System (Goods and Services Tax) Act 1999
11 After Division 132
Insert:
Division 133 - Providing additional consideration under gross-up clauses
133-1 What this Division is about
You may have a decreasing adjustment for an acquisition that you made if, to take account of a GST liability that the supplier is subsequently found to have, you provide additional consideration at a time when you can no longer claim an input tax credit.
133-5 Decreasing adjustments for additional consideration provided under gross-up clauses
(1) You have a decreasing adjustment if:
(a) you made an acquisition on the basis that:
(i) it was not a *creditable acquisition because the supply to which the acquisition relates was not a *taxable supply; or
(ii) it was *partly creditable because the supply to which the acquisition relates was only partly a taxable supply; and
(b) you provided *additional consideration for the acquisition in compliance with a contractual obligation that required you, or had the effect of requiring you, to provide additional consideration if:
(i) in a case where subparagraph (a)(i) applies - the supply was later found to be a taxable supply, or to be partly a taxable supply; or
(ii) in a case where subparagraph (a)(ii) applies - the supply was later found to be a taxable supply to a greater extent; and
(c) GST on the supply has not ceased to be payable (other than as a result of its payment); and
(d) at the time you provided the additional consideration, you were no longer entitled to an input tax credit for the acquisition.
Note: Section 93-5 may provide a time limit on your entitlement to an input tax credit.
(2) The amount of the *decreasing adjustment is the difference between:
(a) what would have been the *previously attributed input tax credit amount for the acquisition if:
(i) the *additional consideration for the acquisition had been provided as part of the original *consideration for the acquisition; and
(ii) in a case where you have not held a *tax invoice for the acquisition - you held such an invoice; and
(iii) subsection 29-10(4) did not apply in relation to the acquisition; and
(b) the previously attributed input tax credit amount.
(3) To avoid doubt, additional consideration for an acquisition includes a part of the *consideration for the acquisition that:
(a) relates to the amount of GST payable on the *taxable supply to which the acquisition relates; and
(b) at the time of the acquisition, the parties to the transaction under which the acquisition was made assumed was not payable.
133-10 Availability of adjustments under Division 19 for acquisitions
(1) If:
(a) you have a *decreasing adjustment under this Division for an acquisition; and
(b) the circumstances that gave rise to the adjustment also constitute an *adjustment event;
you do not have a decreasing adjustment under section 19-70 for the acquisition in relation to those circumstances.
(2) This section has effect despite section 19-70 (which is about adjustments for acquisitions arising because of adjustment events).
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