Commonwealth Consolidated Acts

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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 142.16

No refund of excess GST relating to supplies treated as non-taxable importations

             (1)  This section applies to an amount of GST on a supply (the low value goods GST ) that is taken into account in your * assessed net amount for a tax period if:

                     (a)  you incorrectly treated the low value goods GST as payable on a supply of goods; and

                     (b)  an importation of the goods was a * taxable importation, but was incorrectly treated as being a * non-taxable importation under section 42-15; and

                     (c)  the * recipient of the supply is a * consumer of the supply.

             (2)  For the purposes of each * taxation law, the low value goods GST is taken to have always been payable on a * taxable supply until:

                     (a)  to the extent (if any) that you have * passed on the GST to another entity--you reimburse the other entity for the passed on GST; and

                     (b)  an entity provides to you a declaration or information that indicates that GST has been paid on the * taxable importation.



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