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

Chapter 2 - The basic rules  

Part 2-6 - Tax periods  

Division 29 - What is attributable to tax periods  

Subdivision 29-A - The attribution rules  

29-10   Attributing the input tax credits for your creditable acquisitions  

(1)    
The input tax credit to which you are entitled for a * creditable acquisition is attributable to:


(a) the tax period in which you provide any of the * consideration for the acquisition; or


(b) if, before you provide any of the consideration, an * invoice is issued relating to the acquisition - the tax period in which the invoice is issued.

(2)    
However, if you * account on a cash basis , then:


(a) if, in a tax period, you provide all of the * consideration for a * creditable acquisition - the input tax credit for the acquisition is attributable to that tax period; or


(b) if, in a tax period, you provide part of the consideration - the input tax credit for the acquisition is attributable to that tax period, but only to the extent that you provided the consideration in that tax period; or


(c) if, in a tax period, none of the consideration is provided - none of the input tax credit for the acquisition is attributable to that tax period.

(3)    
If you do not hold a * tax invoice for a * creditable acquisition when you give to the Commissioner a * GST return for the tax period to which the input tax credit (or any part of the input tax credit) on the acquisition would otherwise be attributable:


(a) the input tax credit (including any part of the input tax credit) is not attributable to that tax period; and


(b) the input tax credit (or part) is attributable to the first tax period (if any) for which you give to the Commissioner a GST return at a time when you hold that tax invoice.

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 a tax invoice does not apply.

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



Input tax credits not taken into account in assessments

(4)    


Subsections (5) and (6) apply to the input tax credit to which you are entitled for a * creditable acquisition to the extent that:

(a)    the input tax credit would otherwise be attributable to a particular tax period; and

(b)    the input tax credit has not been taken into account in an * assessment of a * net amount of yours for that tax period.

Note:

The input tax credit would not otherwise be attributable to a particular tax period if you do not hold a tax invoice for the creditable acquisition when you give to the Commissioner a GST return for the tax period: see paragraph (3)(a) .


(5)    


To the extent this subsection applies to the input tax credit, you may, by notifying the Commissioner in the * approved form , elect for:

(a)    the input tax credit not to be attributable to that tax period; and

(b)    the input tax credit to be attributable to a later specified tax period.

Note:

Division 93 may provide a time limit on your entitlement to an input tax credit.


(6)    


You cannot revoke or amend an election you make under subsection (5) .



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