A New Tax System (Goods and Services Tax) Act. Australia

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СКАЧАТЬ to that tax period, but only to the extent that the consideration is provided in that tax period; or

      (c) if, in a tax period, none of the consideration is provided — none of the adjustment is attributable to that tax period.

      (3) If:

      (a) you have a *decreasing adjustment arising from an *adjustment event; and

      (b) you do not hold an *adjustment note for the adjustment when you give to the Commissioner a *GST return for the tax period to which the adjustment (or any part of the adjustment) would otherwise be attributable;

      then:

      (c) the adjustment (including any part of the adjustment) is not attributable to that tax period; and

      (d) the adjustment (or part) is attributable to the first tax period for which you give to the Commissioner a GST return at a time when you hold that adjustment note.

      However, this subsection does not apply in circumstances of a kind determined in writing by the Commissioner to be circumstances in which the requirement for an adjustment note does not apply.

      For the giving of GST returns to the Commissioner, see Division 31.

      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.

      29–39 Special rules relating to attribution rules

      Chapter 4 contains special rules relating to attribution rules, as follows:

      Checklist of special rules

      Item

      For this case…

      See:

      1

      Agents and insurance brokers

      Division 153

      2

      Associates

      Division 72

      3

      Cancelled lay-by sales

      Division 102

      4

      Cessation of registration

      Division 138

      5

      Changes in the extent of creditable purpose

      Division 129

      6

      Changing your accounting basis

      Division 159

      7

      Company amalgamations

      Division 90

      8

      Deposits as security

      Division 99

      8A

      Distributions from deceased estates

      Division 139

      8B

      Non-deductible expenses

      Division 69

      9

      Pre-establishment costs

      Division 60

      10

      Reimbursement of employees etc.

      Division 111

      11

      Representatives of incapacitated entities

      Division 58

      11A

      Second-hand goods

      Division 66

      12

      Supplies and acquisitions made on a progressive or periodic basis

      Division 156

      13

      Supplies of things acquired etc. without full input tax credits

      Division 132

      13A

      Third party payments

      Division 134

      14

      Tradex scheme goods

      Division СКАЧАТЬ