Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 29.25

Commissioner may determine particular attribution rules

             (1)  The Commissioner may, in writing, determine the tax periods to which:

                     (a)  GST on * taxable supplies of a specified kind; or

                     (b)  input tax credits for * creditable acquisitions of a specified kind; or

                     (c)  input tax credits for * creditable importations of a specified kind; or

                     (d)  * adjustments of a specified kind;

are attributable.

             (2)  However, the Commissioner must not make a determination under this section unless satisfied that it is necessary to prevent the provisions of this Division and Chapter 4 applying in a way that is inappropriate in circumstances involving:

                     (a)  a supply or acquisition in which possession of goods passes, but title in the goods will, or may, pass at some time in the future; or

                     (b)  a supply or acquisition for which payment is made or an * invoice is issued, but use, enjoyment or passing of title will, or may, occur at some time in the future; or

                     (c)  a supply or acquisition occurring, but still being subject to a statutory cooling off period under an * Australian law; or

                     (d)  a supply or acquisition occurring before the supplier or * recipient knows it has occurred; or

                     (e)  a supply or acquisition occurring before the supplier or recipient knows the total * consideration; or

                      (f)  a supply or acquisition made under a contract that is subject to preconditions; or

                     (g)  a supply or acquisition made under a contract that provides for retention of some or all of the consideration until certain conditions are met; or

                     (h)  a supply or acquisition for which the GST treatment will be unknown until a later supply is made.

             (3)  Determinations under subsection (1) override the provisions of this Division (except this section) and Chapter 4, but only to the extent of any inconsistency.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback