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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 93.10

Exceptions to time limit on entitlements to input tax credits

Amendment of assessments in relation to supplies

             (4)  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.

Request to treat document as tax invoice

             (5)  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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