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

Chapter 2 - The basic rules  

Part 2-6 - Tax periods  

Division 29 - What is attributable to tax periods  

Subdivision 29-A - The attribution rules  

29-25   Commissioner may determine particular attribution rules  

(1)  
The Commissioner may, in writing, determine the tax periods to which:


(a) GST on * taxable supplies of a specified kind; or


(b) input tax credits for * creditable acquisitions of a specified kind; or


(c) input tax credits for * creditable importations of a specified kind; or


(d) * adjustments of a specified kind;

are attributable.

(2)  
However, the Commissioner must not make a determination under this section unless satisfied that it is necessary to prevent the provisions of this Division and Chapter 4 applying in a way that is inappropriate in circumstances involving:


(a) a supply or acquisition in which possession of goods passes, but title in the goods will, or may, pass at some time in the future; or


(b) a supply or acquisition for which payment is made or an * invoice is issued, but use, enjoyment or passing of title will, or may, occur at some time in the future; or


(c) a supply or acquisition occurring, but still being subject to a statutory cooling off period under an * Australian law ; or


(d) a supply or acquisition occurring before the supplier or * recipient knows it has occurred; or


(e) a supply or acquisition occurring before the supplier or recipient knows the total * consideration ; or


(f) a supply or acquisition made under a contract that is subject to preconditions; or


(g) a supply or acquisition made under a contract that provides for retention of some or all of the consideration until certain conditions are met; or


(h) a supply or acquisition for which the GST treatment will be unknown until a later supply is made.

(3)  
Determinations under subsection (1) override the provisions of this Division (except this section) and Chapter 4 , but only to the extent of any inconsistency.


 

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