Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

TAX LAWS AMENDMENT (2009 GST ADMINISTRATION MEASURES) BILL 2010

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Tax Laws Amendment (2009 GST
Administration Measures) Bill 2009
No. , 2009
(Treasury)
A Bill for an Act to amend legislation relating to
indirect tax, and for related purposes
i Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Time limit on entitlements to input tax credits and
fuel tax credits
3
Part 1--Amendments relating to input tax credits
3
A New Tax System (Goods and Services Tax) Act 1999
3
Income Tax Assessment Act 1997
9
Taxation Administration Act 1953
9
Part 2--Amendments relating to fuel tax credits
10
Fuel Tax Act 2006
10
Taxation Administration Act 1953
12
Part 3--Application of amendments
13
Schedule 2--Refund collection system
14
A New Tax System (Goods and Services Tax) Act 1999
14
A New Tax System (Wine Equalisation Tax) Act 1999
17
Taxation Administration Act 1953
18
Schedule 3--Agency provisions
20
A New Tax System (Goods and Services Tax) Act 1999
20
Taxation Administration Act 1953
23
Schedule 4--Gambling activities by entities outside Australia
24
A New Tax System (Goods and Services Tax) Act 1999
24
Schedule 5--Recovering overpaid refunds
25
A New Tax System (Goods and Services Tax) Act 1999
25
A New Tax System (Luxury Car Tax) Act 1999
25
Fuel Tax Act 2006
26
Taxation Administration Act 1953
26
Schedule 6--Interaction of associate provisions
28
A New Tax System (Goods and Services Tax) Act 1999
28
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 ii
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 1
A Bill for an Act to amend legislation relating to
1
indirect tax, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Tax Laws Amendment (2009 GST
5
Administration Measures) Act 2009.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day this Act receives the Royal Assent.
3. Schedule 2,
items 1 and 2
1 July 2010.
1 July 2010
4. Schedule 2,
items 3 and 4
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 6;
and
(b) the start of 1 July 2010.
5. Schedule 2,
items 5 to 23
1 July 2010.
1 July 2010
6. Schedules 3 to
6
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Amendments relating to input tax credits Part 1
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 3
Schedule 1--Time limit on entitlements to
1
input tax credits and fuel tax credits
2
Part 1--Amendments relating to input tax credits
3
A New Tax System (Goods and Services Tax) Act 1999
4
1 Section 11-99 (at the end of the table)
5
Add:
6
16
Time limit on entitlements to input tax
credits
Division 93
2 Section 17-99 (after table item 9B)
7
Insert:
8
9C
Providing additional consideration under
gross-up clauses
Division 133
3 Paragraphs 19-70(2)(a) and 19-75(c)
9
Omit "or 129", substitute ", 129 or 133".
10
4 Section 19-99 (after table item 2)
11
Insert:
12
2A
Providing additional consideration under
gross-up clauses
Division 133
5 Section 37-1 (after table item 23)
13
Insert:
14
23A
Providing additional consideration under
gross-up clauses
Division 133
6 Section 37-1 (before table item 36)
15
Insert:
16
35C
Time limit on entitlements to input tax
credits
Division 93
7 After Division 90
17
Insert:
18
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 1 Amendments relating to input tax credits
4 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Division 93--Time limit on entitlements to input tax credits
1
93-1 What this Division is about
2
Your entitlements to input tax credits for creditable acquisitions
3
cease unless you include them in your net amounts within 4 years.
4
However, this time limit might not apply to any such entitlements
5
relating to amounts that the Commissioner has notified to you, that
6
arise as a result of fraud or evasion, or that you have notified to the
7
Commissioner.
8
Note:
These amounts are dealt with in sections 105-50 and 105-55 in
9
Schedule 1 to the Taxation Administration Act 1953.
10
93-5 Time limit on entitlements to input tax credits
11
(1) You cease to be entitled to an input tax credit for a
*
creditable
12
acquisition to the extent that you have not taken it into account in
13
working out your
*
net amount for:
14
(a) the tax period to which the input tax credit would be
15
attributable under subsection 29-10(1) or (2); or
16
(b) any other tax period for which you give to the Commissioner
17
a
*
GST return during the period of 4 years after the day on
18
which you were required to give to the Commissioner a GST
19
return for the tax period referred to in paragraph (a).
20
Note:
Section 93-10 sets out circumstances in which your entitlement to the
21
input tax credit does not cease under this section.
22
(2) This section has effect despite section 11-20 (which is about who is
23
entitled to input tax credits for creditable acquisitions).
24
93-10 Exceptions to time limit on entitlements to input tax credits
25
Commissioner has notified you of excess or refund etc.
26
(1) You do not cease under section 93-5 to be entitled to an input tax
27
credit to the extent that:
28
(a) the input tax credit arises out of circumstances that also gave
29
rise to the whole or a part of:
30
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Amendments relating to input tax credits Part 1
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 5
(i) an amount, or an amount of an excess, in relation to
1
which paragraph 105-50(3)(a) in Schedule 1 to the
2
Taxation Administration Act 1953 applies; or
3
(ii) a refund, other payment or credit in relation to which
4
paragraph 105-55(1)(b) in Schedule 1 to that Act
5
applies; and
6
(b) the Commissioner gave to you the notice referred to in that
7
paragraph not later than 4 years after the end of the tax period
8
to which the credit would be attributable under subsection
9
29-10(1) or (2) of this Act.
10
Note 1:
Section 105-50 in Schedule 1 to the Taxation Administration Act 1953
11
deals with the time limit within which the Commissioner can recover
12
indirect tax amounts, and section 105-55 in Schedule 1 to that Act
13
deals with the time limit within which you can claim amounts relating
14
to indirect tax.
15
Note 2:
Section 93-15 of this Act may preclude this subsection from applying
16
to the input tax credit, in which case section 93-5 of this Act will
17
apply.
18
Excess relates to amount avoided by fraud or evaded
19
(2) You do not cease under section 93-5 to be entitled to an input tax
20
credit to the extent that the input tax credit arises out of
21
circumstances that also gave rise to:
22
(a) the whole or a part of an amount in relation to which
23
paragraph 105-50(3)(b) in Schedule 1 to the Taxation
24
Administration Act 1953 applies; or
25
(b) an amount of an excess, in relation to which that paragraph
26
applies.
27
Note 1:
Section 105-50 in Schedule 1 to the Taxation Administration Act 1953
28
deals with the time limit within which the Commissioner can recover
29
indirect tax amounts.
30
Note 2:
Section 93-15 of this Act may preclude this subsection from applying
31
to the input tax credit, in which case section 93-5 of this Act will
32
apply.
33
You have notified the Commissioner of refund etc.
34
(3) You do not cease under section 93-5 to be entitled to an input tax
35
credit to the extent that:
36
(a) the input tax credit arises out of circumstances that also gave
37
rise to the whole or a part of a refund, other payment or credit
38
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 1 Amendments relating to input tax credits
6 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
in relation to which paragraph 105-55(1)(a) in Schedule 1 to
1
the Taxation Administration Act 1953 applies; and
2
(b) you gave to the Commissioner the notice referred to in that
3
paragraph not later than 4 years after the end of the tax period
4
to which the credit would be attributable under subsection
5
29-10(1) or (2) of this Act.
6
Note 1:
Section 105-55 in Schedule 1 to the Taxation Administration Act 1953
7
deals with the time limit within which you can claim amounts relating
8
to indirect tax.
9
Note 2:
Section 93-15 of this Act may preclude this subsection from applying
10
to the input tax credit, in which case section 93-5 of this Act will
11
apply.
12
93-15 GST ceasing to be payable on the related supply
13
Section 93-10 does not apply if:
14
(a) GST has ceased to be payable (other than as a result of its
15
payment) on the supply that is related to the
*
creditable
16
acquisition for which you would be entitled to an input tax
17
credit but for this section; and
18
(b) at the time of the cessation, you did not hold a
*
tax invoice
19
for the creditable acquisition.
20
8 Section 129-80 (heading)
21
Repeal the heading, substitute:
22
129-80 Effect of adjustment under Division 19, 21 or 133
23
9 Section 129-80
24
Omit "Division 19 or 21", substitute "Division 19, 21 or 133".
25
10 Subsection 132-5(2) (paragraph (c) of the definition of
26
adjusted input tax credit)
27
Omit "Division 129", substitute "Division 129 or 133".
28
11 After Division 132
29
Insert:
30
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Amendments relating to input tax credits Part 1
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 7
Division 133--Providing additional consideration under
1
gross-up clauses
2
133-1 What this Division is about
3
You may have a decreasing adjustment for an acquisition that you
4
made if, to take account of a GST liability that the supplier is
5
subsequently found to have, you provide additional consideration
6
at a time when you can no longer claim an input tax credit.
7
133-5 Decreasing adjustments for additional consideration provided
8
under gross-up clauses
9
(1) You have a decreasing adjustment if:
10
(a) you made an acquisition on the basis that:
11
(i) it was not a
*
creditable acquisition because the supply to
12
which the acquisition relates was not a
*
taxable supply;
13
or
14
(ii)
it
was
*
partly creditable because the supply to which the
15
acquisition relates was only partly a taxable supply; and
16
(b)
you
provided
*
additional consideration for the acquisition in
17
compliance with a contractual obligation that required you, or
18
had the effect of requiring you, to provide additional
19
consideration if:
20
(i) in a case where subparagraph (a)(i) applies--the supply
21
was later found to be a taxable supply, or to be partly a
22
taxable supply; or
23
(ii) in a case where subparagraph (a)(ii) applies--the supply
24
was later found to be a taxable supply to a greater
25
extent; and
26
(c) GST on the supply has not ceased to be payable (other than
27
as a result of its payment); and
28
(d) at the time you provided the additional consideration, you
29
were no longer entitled to an input tax credit for the
30
acquisition.
31
Note:
Section 93-5 may provide a time limit on your entitlement to an input
32
tax credit.
33
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 1 Amendments relating to input tax credits
8 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
(2) The amount of the
*
decreasing adjustment is the difference
1
between:
2
(a) what would have been the
*
previously attributed input tax
3
credit amount for the acquisition if:
4
(i)
the
*
additional consideration for the acquisition had
5
been provided as part of the original
*
consideration for
6
the acquisition; and
7
(ii) in a case where you have not held a
*
tax invoice for the
8
acquisition--you held such an invoice; and
9
(iii) subsection 29-10(4) did not apply in relation to the
10
acquisition; and
11
(b) the previously attributed input tax credit amount.
12
(3) To avoid doubt, additional consideration for an acquisition
13
includes a part of the
*
consideration for the acquisition that:
14
(a) relates to the amount of GST payable on the
*
taxable supply
15
to which the acquisition relates; and
16
(b) at the time of the acquisition, the parties to the transaction
17
under which the acquisition was made assumed was not
18
payable.
19
133-10 Availability of adjustments under Division 19 for acquisitions
20
(1)
If:
21
(a) you have a
*
decreasing adjustment under this Division for an
22
acquisition; and
23
(b) the circumstances that gave rise to the adjustment also
24
constitute an
*
adjustment event;
25
you do not have a decreasing adjustment under section 19-70 for
26
the acquisition in relation to those circumstances.
27
(2) This section has effect despite section 19-70 (which is about
28
adjustments for acquisitions arising because of adjustment events).
29
12 Section 195-1
30
Insert:
31
additional consideration includes the meaning given by subsection
32
133-5(3).
33
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Amendments relating to input tax credits Part 1
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 9
13 Section 195-1 (after table item 6 of the definition of
1
decreasing adjustment)
2
Insert:
3
6A Section
133-5
*
Decreasing adjustments for
*
additional
consideration provided under gross-up
clauses
Income Tax Assessment Act 1997
4
14 Subsection 995-1(1)
5
Insert:
6
tax invoice has the meaning given by section 195-1 of the
*
GST
7
Act.
8
Taxation Administration Act 1953
9
15 At the end of subsection 105-55(1) in Schedule 1
10
Add:
11
Note:
Division 93 of the GST Act puts a time limit on your entitlement to an
12
input tax credit. Division 47 of the Fuel Tax Act 2006 puts a time limit
13
on your entitlement to a fuel tax credit.
14
16 After subsection 105-55(2) in Schedule 1
15
Insert:
16
(2A) A request by you to the Commissioner to treat a document as a
*
tax
17
invoice for the purposes of attributing a credit to a
*
tax period is
18
taken to be a notification, for the purposes of paragraph (1)(a), of
19
your entitlement to the credit if:
20
(a) you made the request within the 4 year period referred to in
21
that paragraph in relation to the credit; and
22
(b) the Commissioner agrees to the request (whether or not
23
within that period).
24
25
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 2 Amendments relating to fuel tax credits
10 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Part 2--Amendments relating to fuel tax credits
1
Fuel Tax Act 2006
2
17 At the end of Part 3-3
3
Add:
4
Division 47--Time limit on entitlements to fuel tax credits
5
Table of Subdivisions
6
Guide to Division 47
7
47-A
Time limit on entitlements to fuel tax credits
8
Guide to Division 47
9
47-1 What this Division is about
10
Your entitlements to fuel tax credits cease unless you include them
11
in your net fuel amounts within 4 years.
12
However, this time limit might not apply to any such entitlements
13
relating to amounts that the Commissioner has notified to you, that
14
arise as a result of fraud or evasion, or that you have notified to the
15
Commissioner.
16
Note:
These amounts are dealt with in sections 105-50 and 105-55 in
17
Schedule 1 to the Taxation Administration Act 1953.
18
Subdivision 47-A--Time limit on entitlements to fuel tax credits
19
Table of Sections
20
47-5
Time limit on entitlements to fuel tax credits
21
47-10
Exceptions to time limit on entitlements to fuel tax credits
22
47-5 Time limit on entitlements to fuel tax credits
23
You cease to be entitled to a fuel tax credit to the extent that you
24
have not taken it into account in working out your
*
net fuel amount
25
for:
26
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Amendments relating to fuel tax credits Part 2
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 11
(a)
the
*
tax period or
*
fuel tax return period to which the fuel tax
1
credit would be attributable under subsection 65-5(1), (2) or
2
(3); or
3
(b) any other tax period, or fuel tax return period, for which you
4
give to the Commissioner a return under section 61-15 during
5
the period of 4 years after the day on which you were
6
required to give to the Commissioner such a return for the tax
7
period or fuel tax return period referred to in paragraph (a).
8
Note:
Section 47-10 sets out circumstances in which your entitlement to the
9
fuel tax credit does not cease under this section.
10
47-10 Exceptions to time limit on entitlements to fuel tax credits
11
Commissioner has notified you of excess or refund etc.
12
(1) You do not cease under section 47-5 to be entitled to a fuel tax
13
credit to the extent that:
14
(a) the fuel tax credit arises out of circumstances that also gave
15
rise to the whole or a part of:
16
(i) an amount, or an amount of an excess, in relation to
17
which paragraph 105-50(3)(a) in Schedule 1 to the
18
Taxation Administration Act 1953 applies; or
19
(ii) a refund, other payment or credit in relation to which
20
paragraph 105-55(1)(b) or (3)(b) in Schedule 1 to that
21
Act applies; and
22
(b) the Commissioner gave to you the notice referred to in that
23
paragraph not later than 4 years after the end of the tax period
24
to which the credit would be attributable under subsection
25
65-5(1), (2) or (3) of this Act.
26
Note:
Section 105-50 in Schedule 1 to the Taxation Administration Act 1953
27
deals with the time limit within which the Commissioner can recover
28
indirect tax amounts, and section 105-55 in Schedule 1 to that Act
29
deals with the time limit within which you can claim amounts relating
30
to indirect tax.
31
Excess relates to amount avoided by fraud or evaded
32
(2) You do not cease under section 47-5 to be entitled to a fuel tax
33
credit to the extent that the fuel tax credit arises out of
34
circumstances that also gave rise to:
35
Schedule 1 Time limit on entitlements to input tax credits and fuel tax credits
Part 2 Amendments relating to fuel tax credits
12 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
(a) the whole or a part of an amount in relation to which
1
paragraph 105-50(3)(b) in Schedule 1 to the Taxation
2
Administration Act 1953 applies; or
3
(b) an amount of an excess, in relation to which that paragraph
4
applies.
5
Note:
Section 105-50 in Schedule 1 to the Taxation Administration Act 1953
6
deals with the time limit within which the Commissioner can recover
7
indirect tax amounts.
8
You have notified the Commissioner of refund etc.
9
(3) You do not cease under section 47-5 to be entitled to a fuel tax
10
credit to the extent that:
11
(a) the fuel tax credit arises out of circumstances that also gave
12
rise to the whole or a part of a refund, other payment or credit
13
in relation to which paragraph 105-55(1)(a) or (3)(a) in
14
Schedule 1 to the Taxation Administration Act 1953 applies;
15
and
16
(b) you gave to the Commissioner the notice referred to in that
17
paragraph not later than 4 years after the end of the tax period
18
to which the credit would be attributable under subsection
19
65-5(1), (2) or (3) of this Act.
20
Note:
Section 105-55 in Schedule 1 to the Taxation Administration Act 1953
21
deals with the time limit within which you can claim amounts relating
22
to indirect tax.
23
Taxation Administration Act 1953
24
18 At the end of subsection 105-55(3) in Schedule 1
25
Add:
26
Note:
Division 47 of the Fuel Tax Act 2006 puts a time limit on your
27
entitlement to a fuel tax credit.
28
29
Time limit on entitlements to input tax credits and fuel tax credits Schedule 1
Application of amendments Part 3
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 13
Part 3--Application of amendments
1
19 Application of amendments relating to input tax credits
2
The amendments made by Part 1 of this Schedule apply, and are taken
3
to have applied, in relation to acquisitions and adjustments that are
4
taken into account in:
5
(a) GST returns given to the Commissioner under the A New Tax
6
System (Goods and Services Tax) Act 1999 after 7.30 pm
7
Australian Eastern Standard Time on 12 May 2009; or
8
(b) assessments made by the Commissioner under
9
Subdivision 105-A in Schedule 1 to the Taxation
10
Administration Act 1953 after that time; or
11
(c)
amendments
of:
12
(i) GST returns referred to in paragraph (a); or
13
(ii) assessments referred to in paragraph (b).
14
20 Application of amendments relating to fuel tax credits
15
The amendments made by Part 2 of this Schedule apply, and are taken
16
to have applied, in relation to acquisitions, manufacturing, importations
17
and adjustments that are taken into account in:
18
(a) returns given to the Commissioner under section 61-15 of the
19
Fuel Tax Act 2006 on or after 1 July 2010; or
20
(b) amendments of such returns.
21
22
Schedule 2 Refund collection system
14 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Schedule 2--Refund collection system
1
2
A New Tax System (Goods and Services Tax) Act 1999
3
1 After paragraph 38-185(3)(e)
4
Insert:
5
; and (f) if that entity is covered by paragraph 168-5(1A)(c)--the
6
supplier has a declaration by that entity stating that:
7
(i) a payment has not been sought under section 168-5 for
8
the supply; and
9
(ii) if the goods are wine (within the meaning of the A New
10
Tax System (Wine Equalisation Tax) Act 1999)--a
11
payment has not been sought under section 25-5 of that
12
Act for the supply.
13
2 At the end of subsection 38-185(3)
14
Add:
15
Note:
The entity will be covered by paragraph 168-5(1A)(c) if the entity is
16
an individual who resides in an external Territory.
17
3 After paragraph 38-185(4)(e)
18
Insert:
19
; and (f) if the associate is covered by paragraph 168-5(1A)(c)--the
20
supplier has a declaration by the associate stating that:
21
(i) a payment has not been sought under section 168-5 for
22
the supply; and
23
(ii) if the goods are wine (within the meaning of the A New
24
Tax System (Wine Equalisation Tax) Act 1999)--a
25
payment has not been sought under section 25-5 of that
26
Act for the supply.
27
4 At the end of subsection 38-185(4)
28
Add:
29
Note:
The associate will be covered by paragraph 168-5(1A)(c) if the
30
associate is an individual who resides in an external Territory.
31
5 Section 168-1
32
Refund collection system Schedule 2
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 15
After "baggage,", insert "or you are a resident of an external Territory
1
and send goods home,".
2
6 Before subsection 168-5(1)
3
Insert:
4
Exporting goods as accompanied baggage
5
7 After subsection 168-5(1)
6
Insert:
7
Resident of external Territory sending goods home
8
(1A)
If:
9
(a) you make an acquisition of goods the supply of which to you
10
is a
*
taxable supply; and
11
(b) the acquisition is of a kind specified in the regulations; and
12
(c) at the time of the acquisition, you are an individual to whom
13
one of the following subparagraphs applies:
14
(i) you reside in an external Territory;
15
(ii) your domicile is in an external Territory;
16
(iii) you have actually been in an external Territory,
17
continuously or intermittently, during more than half of
18
the last 12 months; and
19
(d) at the time of the acquisition, you are not
*
registered or
20
*
required to be registered; and
21
(e) you leave Australia, and export the goods to the external
22
Territory:
23
(i) in circumstances not covered by paragraph (1)(c); and
24
(ii) in circumstances specified in the regulations;
25
the Commissioner must, on behalf of the Commonwealth, pay to
26
you an amount equal to:
27
(f) the amount of the GST payable on the taxable supply; or
28
(g) such proportion of that amount of GST as is specified in the
29
regulations.
30
8 Before subsection 168-5(2)
31
Insert:
32
Schedule 2 Refund collection system
16 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Paying the refund
1
9 Subsection 168-5(2)
2
Omit "The amount", substitute "An amount payable under this section".
3
10 At the end of section 168-5
4
Add:
5
You may be found not to be a resident of an external Territory
6
(3) Subparagraph (1A)(c)(ii) does not apply to you if the
7
Commissioner is satisfied that your permanent place of abode is
8
outside that external Territory.
9
(4) Subparagraph (1A)(c)(iii) does not apply to you if the
10
Commissioner is satisfied:
11
(a) that your usual place of abode is outside that external
12
Territory; and
13
(b) that you do not intend to take up residence in that Territory.
14
11 At the end of Division 168
15
Add:
16
168-10 Supplies later found to be GST-free supplies
17
(1)
If:
18
(a) you are paid an amount under subsection 168-5(1A) for a
19
supply; and
20
(b) the supply is or becomes a
*
GST-free supply;
21
you become liable to repay the amount (the recoverable amount)
22
to the Commonwealth on the later of the following days (the due
23
day):
24
(c) the day you were paid the recoverable amount;
25
(d) the day the supply becomes a GST-free supply.
26
(2) You are liable to pay general interest charge on the whole, or any
27
part, of the recoverable amount that remains unpaid after the due
28
day for each day in the period that:
29
(a) starts on the due day; and
30
(b) finishes at the end of the last day at the end of which any of
31
the following remains unpaid:
32
Refund collection system Schedule 2
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 17
(i) the recoverable amount;
1
(ii) general interest charge on any of the recoverable
2
amount.
3
A New Tax System (Wine Equalisation Tax) Act 1999
4
12 Section 25-1
5
After "baggage,", insert "or you are a resident of an external Territory
6
and send wine home,".
7
13 Before subsection 25-5(1)
8
Insert:
9
Exporting wine as accompanied baggage
10
14 After subsection 25-5(1)
11
Insert:
12
Resident of external Territory sending wine home
13
(1A)
If:
14
(a)
you
have
*
borne wine tax on wine that you purchased; and
15
(b) the purchase is of a kind specified in the regulations; and
16
(c) an amount is payable to you under subsection 168-5(1A) of
17
the
*
GST Act for the
*
taxable supply corresponding to the
18
purchase;
19
the Commissioner must, on behalf of the Commonwealth, pay to
20
you an amount equal to:
21
(d) the amount of the wine tax that you have borne on the wine;
22
or
23
(e) such proportion of that amount of wine tax as is specified in
24
the regulations.
25
15 Before subsection 25-5(2)
26
Insert:
27
Working out amounts of wine tax borne
28
16 Before subsection 25-5(3)
29
Schedule 2 Refund collection system
18 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Insert:
1
Paying the refund
2
17 Subsection 25-5(3)
3
Omit "The amount", substitute "An amount payable under this section".
4
18 At the end of Division 25
5
Add:
6
25-10 Purchases later found to be GST-free supplies
7
(1)
If:
8
(a) you are paid an amount under subsection 25-5(1A) for a
9
purchase; and
10
(b) the supply corresponding to the purchase is or becomes a
11
*
GST-free supply;
12
you become liable to repay the amount (the recoverable amount)
13
to the Commonwealth on the later of the following days (the due
14
day):
15
(c) the day you were paid the recoverable amount;
16
(d) the day the supply becomes a GST-free supply.
17
(2) You are liable to pay general interest charge on the whole, or any
18
part, of the recoverable amount that remains unpaid after the due
19
day for each day in the period that:
20
(a) starts on the due day; and
21
(b) finishes at the end of the last day at the end of which any of
22
the following remains unpaid:
23
(i) the recoverable amount;
24
(ii) general interest charge on any of the recoverable
25
amount.
26
Taxation Administration Act 1953
27
19 Subsection 8AAB(5) (after table item 1AA)
28
Insert:
29
1AB 168-10 A New Tax System (Goods and Services Tax)
Act 1999
Refund collection system Schedule 2
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 19
20 Subsection 8AAB(5) (before table item 1A)
1
Insert:
2
1AD 25-10
A New Tax System (Wine Equalisation Tax)
Act 1999
21 Subsection 250-10(2) in Schedule 1 (before table item 15)
3
Insert:
4
13
repayments of amounts
paid under tourist
refund scheme
168-10
A New Tax System (Goods and
Services Tax) Act 1999
22 Subsection 250-10(2) in Schedule 1 (after table item 20)
5
Insert:
6
21
repayments of amounts
paid under tourist
refund scheme
25-10
A New Tax System (Wine
Equalisation Tax) Act 1999
23 Application
7
(1)
The amendments made by this Schedule apply in relation to goods
8
acquired, and wine purchased, on or after 1 July 2010.
9
(2)
However, if this Act does not receive the Royal Assent on or before
10
1 July 2010, the amendments made by items 3 and 4 of this Schedule
11
apply in relation to goods acquired, and wine purchased, on or after the
12
day this Act receives the Royal Assent.
13
14
Schedule 3 Agency provisions
20 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Schedule 3--Agency provisions
1
2
A New Tax System (Goods and Services Tax) Act 1999
3
1 Division 153 (heading)
4
Repeal the heading, substitute:
5
Division 153--Agents etc. and insurance brokers
6
2 Section 153-1
7
Omit "acquisition made through an agent", substitute "acquisition made
8
through, or facilitated by, an entity on your behalf".
9
3 Subsection 153-15(2) (note)
10
Repeal the note, substitute:
11
Note:
If Subdivision 153-B is to apply to the supply, there will be an
12
arrangement under which only your agent can issue the tax invoice:
13
see paragraph 153-50(1)(d).
14
4 Subdivision 153-B (heading)
15
Repeal the heading, substitute:
16
Subdivision 153-B--Principals and intermediaries as separate
17
suppliers or acquirers
18
5 Section 153-50 (heading)
19
Repeal the heading, substitute:
20
153-50 Arrangements under which intermediaries are treated as
21
suppliers or acquirers
22
6 Section 153-50
23
Before "An", insert "(1)".
24
7 Section 153-50
25
Omit "(the agent)", substitute "(the intermediary)".
26
8 Paragraph 153-50(a)
27
Agency provisions Schedule 3
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 21
Repeal the paragraph, substitute:
1
(a) the intermediary will, on the principal's behalf, do any or all
2
of the following:
3
(i) make supplies to third parties;
4
(ii) facilitate supplies to third parties (including by issuing
5
*
invoices relating to, or receiving
*
consideration for,
6
such supplies);
7
(iii) make acquisitions from third parties;
8
(iv) facilitate acquisitions from third parties (including by
9
providing consideration for such acquisitions); and
10
9 Paragraphs 153-50(c), (d) and (e)
11
Omit "agent" (wherever occurring), substitute "intermediary".
12
10 At the end of section 153-50
13
Add:
14
(2) For the purposes of subsection (1), an entity can be an intermediary
15
whether or not the entity is the agent of the principal.
16
11 Subsection 153-55(1)
17
Omit "agent" (wherever occurring), substitute "intermediary".
18
12 Subsection 153-55(2)
19
Omit "to the agent", substitute "to the intermediary".
20
13 Paragraph 153-55(2)(a)
21
Omit "agent's supply) that the agent", substitute "intermediary's
22
supply) that the intermediary".
23
14 Paragraph 153-55(2)(b)
24
Omit "agent in respect of the agent's", substitute "intermediary in
25
respect of the intermediary's".
26
15 Subsection 153-55(2)
27
Omit "The agent", substitute "The intermediary".
28
16 Subsection 153-55(3)
29
Schedule 3 Agency provisions
22 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Omit "agent for the agent's", substitute "intermediary for the
1
intermediary's".
2
17 Paragraphs 153-55(3)(a) and (b)
3
Omit "agent" (wherever occurring), substitute "intermediary".
4
18 Subsection 153-60(1)
5
Omit "agent" (wherever occurring), substitute "intermediary".
6
19 Subsection 153-60(2)
7
Omit ", the agent", substitute ", the intermediary".
8
20 Paragraph 153-60(2)(a)
9
Omit "agent's acquisition) that the agent", substitute "intermediary's
10
acquisition) that the intermediary".
11
21 Paragraph 153-60(2)(b)
12
Omit "agent by the principal in respect of the agent's", substitute
13
"intermediary by the principal in respect of the intermediary's".
14
22 Subsection 153-60(2)
15
Omit "from the agent", substitute "from the intermediary".
16
23 Subsection 153-60(3)
17
Omit "agent for the agent's", substitute "intermediary for the
18
intermediary's".
19
24 Paragraphs 153-60(3)(a) and (b)
20
Omit "agent" (wherever occurring), substitute "intermediary".
21
25 Subsection 153-65(1)
22
Repeal the subsection, substitute:
23
(1) The Commissioner may determine in writing that:
24
(a) supplies of a specified kind to third parties that any entity
25
(the intermediary) makes or facilitates (including by issuing
26
*
invoices relating to, or receiving
*
consideration for, such
27
supplies) on behalf of any other entity (the principal); or
28
Agency provisions Schedule 3
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 23
(b) acquisitions of a specified kind from third parties that any
1
entity (the intermediary) makes or facilitates (including by
2
providing consideration for such acquisitions) on behalf of
3
any other entity (the principal);
4
are taken to be supplies or acquisitions that are of a kind to which
5
an arrangement of a kind referred to in section 153-50 applies, and
6
that are made in accordance with that arrangement.
7
26 Subsection 153-65(2)
8
Omit "either the agent", substitute "either the intermediary".
9
27 Paragraph 153-65(2)(a)
10
Omit "that the agent makes to third parties", substitute "to third parties
11
that the intermediary makes or facilitates (including by issuing
*
invoices
12
relating to, or receiving
*
consideration for, such supplies)".
13
28 Paragraph 153-65(2)(b)
14
Omit "that the agent makes from third parties", substitute "from third
15
parties that the intermediary makes or facilitates (including by
16
providing consideration for such acquisitions)".
17
29 Subsections 188-24(1) and (2)
18
Omit "agent", substitute "intermediary".
19
Taxation Administration Act 1953
20
30 Subsection 382-5(5) in Schedule 1
21
Omit "agent", substitute "intermediary (within the meaning of that
22
section)".
23
31 Application
24
The amendments made by this Schedule apply in relation to supplies
25
and acquisitions made on or after 1 July 2010.
26
27
Schedule 4 Gambling activities by entities outside Australia
24 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Schedule 4--Gambling activities by entities
1
outside Australia
2
3
A New Tax System (Goods and Services Tax) Act 1999
4
1 Subsection 126-10(3)
5
Omit "under section 38-270".
6
2 Application
7
(1)
The amendment made by this Schedule applies in relation to monetary
8
prizes that you become liable to pay on or after the first day of the first
9
quarterly tax period that starts on or after the commencement of this
10
Schedule.
11
(2)
For the purposes of subitem (1), it does not matter whether quarterly tax
12
periods are the tax periods that apply to you.
13
14
Recovering overpaid refunds Schedule 5
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 25
Schedule 5--Recovering overpaid refunds
1
2
A New Tax System (Goods and Services Tax) Act 1999
3
1 Section 35-5
4
Before "If", insert "(1)".
5
2 At the end of section 35-5 (after the notes)
6
Add:
7
(2) However, if the amount paid, or applied under the Taxation
8
Administration Act 1953, exceeds the amount to which you are
9
properly entitled under subsection (1), the excess is to be treated as
10
if it were GST that became payable, and due for payment, by you
11
at the time when the amount was paid or applied.
12
Note:
The main effect of treating the amount as if it were GST is to apply
13
the collection and recovery rules in Part 3-10 in Schedule 1 to the
14
Taxation Administration Act 1953, such as a liability to pay the
15
general interest charge under section 105-80 in that Schedule.
16
3 Application
17
The amendment made by item 2 applies in relation to amounts payable
18
under subsection 35-5(1) of the A New Tax System (Goods and Services
19
Tax) Act 1999 (as amended by this Schedule) for tax periods starting on
20
or after the commencement of this Schedule.
21
A New Tax System (Luxury Car Tax) Act 1999
22
4 At the end of Division 17
23
Add:
24
17-15 Excess credits must be repaid
25
If the amount of a credit you claim exceeds the amount to which
26
you are properly entitled under section 17-5, the excess is to be
27
treated as if it were luxury car tax that became payable, and due for
28
payment, by you at the time when the credit was paid or applied to
29
you.
30
Note:
The main effect of treating the amount as if it were luxury car tax is to
31
apply the collection and recovery rules in Part 3-10 in Schedule 1 to
32
Schedule 5 Recovering overpaid refunds
26 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
the Taxation Administration Act 1953, such as a liability to pay the
1
general interest charge under section 105-80 in that Schedule.
2
5 Application
3
The amendment made by item 4 applies in relation to claims made on or
4
after the commencement of this Schedule.
5
Fuel Tax Act 2006
6
6 At the end of section 61-5
7
Add:
8
(3) However, if the amount (the refund) paid, or applied under the
9
Taxation Administration Act 1953, for a
*
tax period or
*
fuel tax
10
return period exceeds the
*
amount to which you are properly
11
entitled under subsection (1) for that period, you must pay the
12
excess to the Commissioner as if:
13
(a) the excess were a
*
net fuel amount for that period; and
14
(b) that net fuel amount were an amount greater than zero and
15
equal to the excess; and
16
(c) despite section 61-10, that net fuel amount became payable,
17
and due for payment, by you at the time when the refund was
18
paid or applied.
19
Note:
Treating the excess as if it were a net fuel amount has the effect of
20
applying the collection and recovery rules in Part 3-10 in Schedule 1
21
to the Taxation Administration Act 1953, such as a liability to pay the
22
general interest charge under section 105-80 in that Schedule.
23
7 Application
24
The amendment made by item 6 applies in relation to amounts payable
25
under subsection 61-5(1) of the Fuel Tax Act 2006 for tax periods, and
26
fuel tax return periods, starting on or after the commencement of this
27
Schedule.
28
Taxation Administration Act 1953
29
8 Subsection 250-10(2) in Schedule 1 (after table item 10)
30
Insert:
31
12
excess refund of GST
35-5(2)
A New Tax System (Goods and
Services Tax) Act 1999
Recovering overpaid refunds Schedule 5
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 27
9 Subsection 250-10(2) in Schedule 1 (after table item 15)
1
Insert:
2
16
excess luxury car tax
credits
17-15
A New Tax System (Luxury Car
Tax) Act 1999
10 Subsection 250-10(2) in Schedule 1 (before table item 20)
3
Insert:
4
18
excess wine tax credits
17-25
A New Tax System (Wine
Equalisation Tax) Act 1999
11 Subsection 250-10(2) in Schedule 1 (table item 36)
5
Omit "61-10", substitute "61-5(3), 61-10".
6
7
Schedule 6 Interaction of associate provisions
28 Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009
Schedule 6--Interaction of associate
1
provisions
2
3
A New Tax System (Goods and Services Tax) Act 1999
4
1 Subsection 38-185(1) (after table item 2)
5
Insert:
6
2A Export
of
goods--supplies
to associates
without
consideration
a supply of goods without
*
consideration to an
*
associate
of the supplier, but only if the supplier exports them from
Australia.
2 At the end of section 38-185
7
Add:
8
(4) Without limiting item 2A in the table in subsection (1), a supplier
9
of goods is treated, for the purposes of that item, as having
10
exported the goods from Australia if:
11
(a) before the goods are exported, the supplier supplies them to
12
an entity that:
13
(i)
is
an
*
associate of the supplier; and
14
(ii)
is
not
*
registered or
*
required to be registered; and
15
(b) the associate exports the goods from Australia within 60 days
16
(or such further period as the Commissioner allows) after the
17
earlier of the following:
18
(i) the day the goods were delivered in Australia to the
19
associate;
20
(ii) the day the goods were made available in Australia to
21
the associate; and
22
(c) the goods have been entered for export within the meaning of
23
section 113 of the Customs Act 1901; and
24
(d) since their supply to the associate, the goods have not been
25
altered or used in any way, except to the extent (if any)
26
necessary to prepare them for export; and
27
(e) the supplier has sufficient documentary evidence to show that
28
the goods were exported.
29
Interaction of associate provisions Schedule 6
Tax Laws Amendment (2009 GST Administration Measures) Bill 2009 No. , 2009 29
However, if the goods are reimported into Australia, the supply is
1
not GST-free unless the reimportation is a
*
taxable importation.
2
3 At the end of Subdivision 72-A
3
Add:
4
72-20 Supplies and acquisitions that would otherwise be sales etc.
5
(1) If, apart from a lack of
*
consideration:
6
(a) a supply to your
*
associate from you; or
7
(b) a supply to you from your associate;
8
would be a sale or some other kind of supply, the supply is taken
9
for the purposes of the
*
GST law to be a supply of that kind.
10
(2) If, apart from a lack of
*
consideration:
11
(a) an acquisition by your
*
associate from you; or
12
(b) an acquisition by you from your associate;
13
would be by sale or some other means, the acquisition is taken for
14
the purposes of the
*
GST law to be an acquisition by that means.
15
72-25 Supplies that would otherwise be GST-free, input taxed or
16
financial supplies
17
The fact that a supply to or from your
*
associate is without
18
*
consideration does not stop the supply from being any of the
19
following for the purposes of the
*
GST law:
20
(a)
a
*
GST-free supply;
21
(b) a supply that is
*
input taxed;
22
(c)
a
*
financial supply.
23
4 Application
24
The amendments made by this Schedule apply in relation to supplies,
25
and acquisitions, made on or after the commencement of this Schedule.
26

 

[Index] [Search] [Download] [Related Items] [Help]