Treasury Laws Amendment (GST Low Value Goods) Act 2017 (77 of 2017)

Schedule 1   Extending GST to low value imported goods

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

45   At the end of Subdivision 142-A


142-16 No refund of excess GST relating to supplies treated as non-taxable importations

(1) This section applies to an amount of GST on a supply (the low value goods GST ) that is taken into account in your *assessed net amount for a tax period if:

(a) you incorrectly treated the low value goods GST as payable on a supply of goods; and

(b) an importation of the goods was a *taxable importation, but was incorrectly treated as being a *non-taxable importation under section 42-15; and

(c) the *recipient of the supply is a *consumer of the supply.

(2) For the purposes of each *taxation law, the low value goods GST is taken to have always been payable on a *taxable supply until:

(a) to the extent (if any) that you have *passed on the GST to another entity - you reimburse the other entity for the passed on GST; and

(b) an entity provides to you a declaration or information that indicates that GST has been paid on the *taxable importation.