Goods and Services Tax Ruling
GSTR 2003/4A2 - Addendum
Goods and services tax: stores and spare parts for international flights and voyages
Please note that the PDF version is the authorised version of this ruling.View the consolidated version for this notice.
This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953 (TAA). It amends Goods and Services Tax Ruling GSTR 2003/4 to reflect the following changes made by Indirect Tax Laws Amendment (Assessment) Act 2012 which came into effect on 1 July 2012:
- the introduction of the self assessment provisions in the TAA;
- the amendment to paragraph 382-5(1)(b) of the TAA; and
- the amendment to subsection 17-20(2) of the A new Tax System (Goods and Services Tax) Act 1999.
Omit the paragraph; substitute:
24. If suppliers of GST-free supplies treat their supplies as taxable when they lodge a BAS but later gain sufficient evidence to demonstrate that the supply is GST-free, the Commissioner may exercise the discretion to allow a refund of any overpaid GST: see Miscellaneous Taxation Ruling MT 2010/1.[6A] If a supplier satisfies the refund requirements set out in MT 2010/1, the supplier can obtain a refund, by lodging a revised BAS or alternatively, in certain circumstances, may recover the overpaid amount in a later BAS.
Omit the footnote, substitute:
7. For tax periods that start on or after 1 July 2012 an assessment is made when the BAS is lodged. When entities lodge a revised BAS they are applying for an amendment.
Omit the footnote, substitute:
8. If the conditions specified in GSTE 2013/1 - Goods and Services Tax: Correcting GST Errors determination 2013 are met.
(a) Omit third sentence 'Section 70 of the Taxation Administration Act 1953 provides (in part):' substitute: 'Subsection 382-5(1) of Schedule 1 to the Taxation Administration Act 1953 provides:'.
' Keeping records of indirect tax transactions
- If you:
- make a taxable supply, taxable importation, creditable acquisition or creditable importation; or
- make a supply that is GST-free or input taxed; ...
- you must:
- keep records that record and explain all transactions and other acts you engage in that are relevant to that supply...; and
- retain those records for at least 5 years after the completion of the transactions or acts to which they relate.'
' Records of transactions
- You must:
- keep records that record and explain all transactions and other acts you engage in that are relevant to a supply, importation, acquisition, dealing, manufacture or entitlement to which this subsection applies; and
- retain those records for the longest of:
- 5 years after the completion of the transactions or acts to which they relate; and
- the period of review for any assessment of an assessable amount to which those records, transactions or acts relate; and
- if such an assessment has been amended under Subdivision 155-B - the period of 4 years mentioned in paragraph 155-70(2)(a) (which provides for a refreshed period of review) that applies to the latest such amendment.
'MT 2010/1; GSTE 2013/1'
- TAA 1953 70:
- TAA 1953 Sch 1 382-5(1)
Commissioner of Taxation
31 July 2013
Miscellaneous Taxation Ruling MT 2010/1 Miscellaneous tax: restrictions on GST refunds under section 105-65 of Schedule 1 to the Taxation Administration Act 1953.