Tax Laws Amendment (2008 Measures No. 3) Act 2008 (91 of 2008)
Schedule 2 Collection and administration of indirect taxes
Part 2 Restriction on GST refunds
Taxation Administration Act 1953
17 Section 105-65 in Schedule 1
Repeal the section, substitute:
105-65 Restriction on GST refunds
(1) The Commissioner need not give you a refund of an amount to which this section applies, or apply (under Division 3 or 3A of Part IIB) an amount to which this section applies, if:
(a) you overpaid the amount, or the amount was not refunded to you, because a *supply was treated as a *taxable supply, or an *arrangement was treated as giving rise to a taxable supply, to any extent; and
(b) the supply is not a taxable supply, or the arrangement does not give rise to a taxable supply, to that extent (for example, because it is *GST-free); and
(c) one of the following applies:
(i) the Commissioner is not satisfied that you have reimbursed a corresponding amount to the recipient of the supply or (in the case of an arrangement treated as giving rise to a taxable supply) to an entity treated as the recipient;
(ii) the recipient of the supply, or (in the case of an arrangement treated as giving rise to a taxable supply) the entity treated as the recipient, is *registered or *required to be registered.
Note: Divisions 3 and 3A of Part IIB deal with payments, credits and RBA surpluses.
(2) This section applies to the following amounts:
(a) in the case of a *supply:
(i) so much of any *net amount or amount of *GST as you have overpaid (as mentioned in paragraph (1)(a)); or
(ii) so much of any net amount that is payable to you under section 35-5 of the *GST Act as the Commissioner has not refunded to you (as mentioned in paragraph (1)(a)), either by paying it to you or by applying it under Division 3 of Part IIB of this Act;
(b) in the case of an *arrangement:
(i) so much of any net amount or amount of GST to which subparagraph (a)(i) would apply if the arrangement were a supply; or
(ii) so much of any net amount to which subparagraph (a)(ii) would apply if the arrangement were a supply.
Note: Division 3 of Part IIB deals with payments, credits and RBA surpluses.
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