A New Tax System (Goods and Services Tax) Act 1999
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 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 .
Pending amendment
S 29-10(3) will be amended by No 72 of 2025, s 3 and Sch 4 item 36, effective 1 January 2026, by inserting " (if any) " after " first tax period " in para (b).
(4)
If the * GST return for a tax period does not take into account an input tax credit attributable to that tax period:
(a) the input tax credit is not attributable to that tax period; and
(b) the input tax credit is attributable to the first tax period for which you give the Commissioner a GST return that does take it into account.
Note:
Section 93-5 or 93-15 may provide a time limit on your entitlement to an input tax credit.
Pending amendment
S 29-10(4) will be substituted with s 29-10(4) - (6) by No 72 of 2025, s 3 and Sch 4 item 37, effective 1 January 2026. S 29-10(4) - (6) will read:
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) .
No 72 of 2025, s 3 and Sch 4 item 43 contains the following application provision:
43 Application of amendments
A New Tax System (Goods and Services Tax) Act 1999
(1)
Subject to subitems (2), (3) and (4), the amendments made to the
A New Tax System (Goods and Services Tax) Act 1999
by this Division apply in relation to an input tax credit to the extent that the tax period to which the input tax credit would be attributable, under subsections
29-10(1)
,
(2)
and
(3)
of that Act, started or starts on or after 1 July 2012.
(2)
The amendments do not apply in relation to the input tax credit if, on 27 July 2023:
(a)
the input tax credit has not been taken into account in an assessment of a net amount of yours; and
(b)
it is more than 4 years after the day on which you were required to give to the Commissioner a GST return for the tax period to which the input tax credit would be attributable under subsection
29-10(1)
or
(2)
of the
A New Tax System (Goods and Services Tax) Act 1999
.
(3)
Subitem (4) applies to the input tax credit to which you are or were entitled for a creditable acquisition, to the extent that the input tax credit has not been taken into account in an assessment of a net amount of yours for the tax period to which the input tax credit would be attributable under subsections
29-10(1)
,
(2)
and
(3)
of the
A New Tax System (Goods and Services Tax) Act 1999
, if:
(a)
that tax period started on or after 1 July 2012; and
(b)
before the commencement of this item:
(i)
the GST return for a later tax period took the input tax credit into account; or
(ii)
you applied for an amendment of an assessment of a net amount of yours for a later tax period, in the approved form for the purposes of section
155-45
of Schedule
1
to the
Taxation Administration Act 1953
, to take the input tax credit into account.
(4)
You are taken to have elected, in accordance with subsection
29-10(5)
of the
A New Tax System (Goods and Services Tax) Act 1999
(as amended by this Division), for:
(a)
the input tax credit not to be attributable to the tax period mentioned in paragraph (3)(a) of this item; and
(b)
the input tax credit to be attributable to the later tax period mentioned in paragraph (3)(b) of this item.
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