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AUSTRALIAN EDUCATION ACT 2013 - SECT 125A

GST - inclusive payments

  (1)   If:

  (a)   an amount is payable to a State or Territory in accordance with a determination made under:

  (i)   section   25 (timing and amounts of recurrent funding); or

  (ii)   paragraph   28(1)(b) (capital funding for block grant authorities); or

  (iii)   paragraph   29(1)(aa) (funding in prescribed circumstances); and

  (b)   the amount is payable in relation to an acquisition (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ); and

  (c)   either:

  (i)   an input tax credit (within the meaning of that Act) would arise for that acquisition; or

  (ii)   a decreasing adjustment (within the meaning of that Act) would arise for that acquisition;

the amount is to be increased by the amount of the input tax credit or the amount of the decreasing adjustment, as the case requires.

Example:   If an amount of $10 is payable to a State or Territory in accordance with a determination made under section   25 in relation to an acquisition (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ) for which an input tax credit (within the meaning of that Act) would arise, the amount payable is to be increased to $11. The amount of $11 reflects an increase of $1 on the amount determined, since $1 is the amount of the input tax credit that would arise.

  (2)   An increase under subsection   ( 1) is to be disregarded for the purposes of applying any limit in this Act.

  (3)   An increase under subsection   ( 1) is to be disregarded for the purposes of section   9 (definition of overpayment).


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