A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-4 - Special rules mainly about net amounts and adjustments  

Division 142 - Excess GST  

Subdivision 142-A - Excess GST unrelated to adjustments  

142-15   When section 142-10 does not apply  

Commissioner satisfied it is inappropriate for that section to apply

(1)  
Treat section 142-10 as never having applied to the extent that the Commissioner is satisfied that:


(a) applying that section would be inconsistent with the principle that excess GST is not to be refunded if this would give an entity a windfall gain; and


(b) you have requested a decision under this subsection in the *approved form.

(2)  
The Commissioner must notify you in writing of any decision relating to you made under subsection (1). If there never was a supply

(3)  
Treat section 142-10 as never having applied to the extent that:


(a) you treated the excess GST as payable on a supply, but in fact there never was a supply; and


(b) you reimburse the other entity for the *passed-on GST.

So far as it relates to your creditable acquisitions

(4)  
Section 142-10 does not apply for the purposes of applying subsection 11-15(2) (about creditable purpose) to you. If the recipient knows you have not paid the excess GST

(5)  
Section 142-10 does not apply for the purposes of applying a *taxation law to the other entity if, and while, that other entity knows, or could reasonably be expected to have known, that you have not paid the excess GST to the Commissioner.




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