Goods and Services Tax Determination

GSTD 2004/1A4 - Addendum

Goods and services tax: when will the requirement to hold a tax invoice or adjustment note be waived as a result of a court or tribunal decision?

Addendum

This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953 (TAA). It amends Goods and Services Tax Determination GSTD 2004/1 to take into account the:

·
amendment to section 29-70 of the A New Tax System (Goods and Services Tax) Act 1999 by the Tax Laws Amendment (2010 GST Administration Measure No. 2) Act 2010; and
·
amendments to the TAA made by the Indirect Tax Laws Amendment (Assessment) Act 2012.

GSTD 2004/1 is amended as follows:

1. Footnote 5

In the second sentence omit ' (No.1) 2000'; substitute '2012'.

2. Paragraph 6

(a) In the second sentence after 'assessment' insert 'or amended assessment'.

(b) At the begining of the fourth sentence omit 'If' and insert 'For tax periods that start before 1 July 2012 if'.

(c) In the fifth sentence omit 'the assessment' and substitute 'an assessment or amended assessment'.

3. Footnote 13

(a) Omit 'Section' and insert 'For tax periods that start before 1 July 2012 section'.

(b) At end of first sentence insert 'For tax periods that start on or after 1 July 2012 an assessment is made when the BAS is lodged: section 155-15 of Schedule 1 to the TAA.'.

4. Footnote 14

At the end of the second sentence insert 'The right to object against an assessment (including an amended assessment) for a tax period that starts on or after 1 July 2012 is given by section 155-90 of Schedule 1 to the TAA.'.

5. Paragraph 8

(a) In the second sentence after 'assessment' omit 'of net amount'.

(b) In the second sentence before 'of Schedule 1' insert 'or section 350-10'.

(c) In the third sentence before 'that where' omit 'The effect of section 59 is'; substitute 'This means'.

(d) In the third sentence after 'an assessment' omit 'of net amount'.

6. Footnote 15

(a) In the first sentence after 'Section 105-100' and before 'of Schedule 1' insert 'and item 2 of subsection 350-10(1) '.

(b) In the first sentence after 'TAA' omit 'is'; substitute 'are'.

7. Paragraph 9

In the third sentence omit 'subsections 29-70(1)'; substitute 'subsections 29-70(1B)'.

8. Paragraph 14

(a) In the first sentence in the first dot point omit '29-70(1)'; substitute '29-70(1B)'.

(b) In the third dot point before 'whether a' omit 'the operation of subsection 29-10(4) of the GST Act, that is,'.

(c) In the third dot point before 'will need' insert 'or application for amendment'.

(d) In the second sentence omit '29-70(1)'; substitute '29-70(1B)'.

9. Paragraph 15

(a) Omit the second sentence; substitute 'If the BAS has already been lodged for that period the BAS will need to be revised[17] or an amendment made to an assessment[18], to claim the input tax credit.'.

10. Example Paragraph 17

In the second sentence omit '29-70(1)' substitute '29-70(1B)'.

11. Example Paragraph 18

(a) Omit the first sentence 'Under section 105-10 of Schedule 1 to the TAA Jiesi requested that an assessment be made of her net amount for the tax period in which payment for the equipment occurred.'.

(b) In the second sentence before 'Jiesi objected' omit 'The Commissioner made an assessment for the relevant tax period and'.

(c) In the second sentence before 'assessment' omit 'the'; substitute 'her'

12. Example Paragraph 19

In the second sentence omit '29-70(1)' substitute '29-70(1B)'.

13. Date of effect

After Note 2 Insert ' Note 3 : The Addendum to this Determination that issued on 17 April 2013, explains the Commissioner's view of the law as it applied to tax invoices from 1 July 2010 and to self assessment for indirect taxes from 1 July 2012.'.

14. Legislative references

(a) Omit 'GSTA 1999 29-10(4)

(b) Insert:

·
TAA 1953 Sch 1 155-15
·
TAA 1953 Sch 1 155-90
·
TAA 1953 Sch 1 350-10
·
TAA 1953 Sch 1 350-10(1)

(c) Omit 'ANTS (GST) Adjustment Note Information Requirements Determination (No. 1) 2000' substitute 'ANTS (GST) Adjustment Note Information Requirements Determination 2012'.

This Addendum applies on and from 1 July 2012.

Commissioner of Taxation
17 April 2013

Footnotes


For tax periods starting before 1 July 2012.


For tax periods starting on or after 1 July 2012.

References

ATO references:
NO 1-4HIE6MG

ISSN: 1443-5179