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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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