Goods and Services Tax Ruling

GSTR 2003/12A4 - Addendum

Goods and services tax: when consideration is provided and received for various payment instruments and other methods of payment

Addendum

This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends Goods and Services Tax Ruling GSTR 2003/12 to reflect amendments made to the A New Tax System (Goods and Services Tax) Act 1999 by:

·
the Tax Laws Amendment (2010 GST Administration Measures No.1) Act 2010 in relation to subsection 29-10(4), and
·
the Tax Laws Amendment (2009 GST Administration Measures) Act 2010 in relation to the addition of Division 93.

This Addendum also makes further minor amendments to GSTR 2003/12 and updates the references section.

GSTR 2003/12 is amended as follows:

1. Paragraph 8

Omit Notes 1, 2 and 3 after paragraph 8, insert;


8A. Changes made to this Ruling by Addenda that issued on 11 July 2007, 31 October 2012, 28 August 2013 and 20 November 2013 have been incorporated into this version of the Ruling.[1A]

2. Footnotes 4 and 7

Omit the text of the footnotes; substitute:


Subsection 29-10(3). However, there may be circumstances where an input tax credit may be attributed to a tax period without the recipient holding a tax invoice. Further, a particular document can be treated as a tax invoice even if it does not meet all of the tax invoice requirements. See Goods and Services Tax Ruling GSTR 2013/1 Goods and services tax: tax invoices for further information.

3. Footnotes 6 and 9

Omit the text of the footnotes; substitute 'Subsection 29-10(3).'.

4. Paragraph 18

After the paragraph; insert:


18A. If the BAS for a tax period states a net amount that does not take into account an input tax credit attributable to that tax period, the input tax credit may be attributable to a later tax period under subsection 29-10(4) (subject to the four year time limit contained in Division 93).[6A]

5. Paragraph 20

After the paragraph; insert:


20A. If the BAS for a tax period states a net amount that does not take into account an input tax credit attributable to that tax period, the input tax credit may be attributable to a later tax period under subsection 29-10(4) (subject to the four year time limit contained in Division 93).[9A]

6. Legislative references

Insert:

-
ANTS(GST)A99 Div 93
-
ANTS(GST)A99 93-5(1)
-
ANTS(GST)A99 93-10
-
ANTS(GST)A99 93-15

This Addendum applies both before and after its date of issue, subject to the commencement and application provisions of each amending Act or Regulation to which it refers.

Commissioner of Taxation
20 November 2013

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Footnotes


Refer to each Addendum to see how that Addendum amends this Ruling.


Under subsection 93-5(1) you cease to be entitled to an input tax credit for a creditable acquisition to the extent that the input tax credit has not been taken into account in your assessment of a net amount, within four years after the day you were required to lodge a GST return for the tax period to which the input tax credits would have been attributable under subsections 29-10(1) or 29-10(2). Further, section 93-15 denies entitlement to an input tax credit for a creditable acquisition if GST has ceased to be payable on the relevant supply and a tax invoice was not held at that time. However, you do not cease to be entitled to an input tax credit if section 93-10 is met.


Under subsection 93-5(1) you cease to be entitled to an input tax credit for a creditable acquisition to the extent that the input tax credit has not been taken into account in your assessment of a net amount, within four years after the day you were required to lodge a GST return for the tax period to which the input tax credits would have been attributable under subsections 29-10(1) or 29-10(2). Further, section 93-15 denies entitlement to an input tax credit for a creditable acquisition if GST has ceased to be payable on the relevant supply and a tax invoice was not held at that time. However, you do not cease to be entitled to an input tax credit if section 93-10 is met.

References

ATO references:
NO 1-4XD8KZ7

ISSN: 1443-5160