| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your private ruling
Authorisation Number: 1011969500035
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Ruling
Subject: GST and entitlement to GST refund or credit
Question 1
Are you entitled to claim input tax credits for the quarterly tax period?
Answer 1
No, you are not entitled to claim input tax credits for the quarterly tax period.
Question 2
Are you entitled to revise your Business activity statements (BASs) to claim additional input tax credits for the quarterly tax periods?
Answer 2
No, you are not entitled to revise your BASs to claim additional input tax credits for the quarterly tax periods.
Relevant facts and circumstances
This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.
You paid building construction expenses during the relevant tax periods and you did not claim GST input tax credits in respect to those expenses.
You have provided copies of tax invoices issued for building construction expenses in respect to units erected.
Your Accountant who lodged your Business activity statements for the relevant quarterly tax periods did not claim input tax credits in respect to the building construction expenses.
Relevant legislative provisions
Taxation Administration Act 1953 Section 105-55 of Schedule 1
Reasons for decision
These reasons for decision accompany the Notice of private ruling.
While these reasons are not part of the private ruling, we provide them to help you to understand how we reached our decision.
Question 1
Are you entitled to claim input tax credits for the quarterly tax period?
No, you are not entitled to claim input tax credits for the quarterly tax period.
Detailed reasoning
You are entitled to claim input tax credits on creditable acquisitions, such as, in your case, building construction expenses, in respect to any accounting period for which you are registered for goods and services tax (GST).
ATO records indicate that you were registered for GST.
As you were not registered for GST, for the quarterly tax period, you are not entitled to claim input tax credits for that quarterly tax period.
Question 2
Are you entitled to revise your Business activity statements (BASs) to claim additional input tax credits for the quarterly tax periods?
No, you are not entitled to revise your BASs to claim additional input tax credits for the quarterly tax periods.
Detailed reasoning
GST is an indirect tax in accordance with the provisions of the Taxation Administration Act 1953 (TAA).
Section 105-55 of Schedule 1 to the Taxation Administration Act 1953 of the TAA provides, in part, that you are not entitled to a refund or credit in respect of a tax period unless within 4 years after the end of the tax period, you notify the Commissioner (in a GST return or otherwise) that you are entitled to the refund or credit.
You have included with your application for a Private ruling, a 'Notification of entitlement to GST refund', for the quarterly tax periods. This notification was received outside the four year period. As your notification was received outside the four year period, you are not entitled to a GST refund or credit for those tax periods, in terms of the provisions of the TAA, as detailed above.
Given your circumstances, it is unfortunate the TAA does not give the Commissioner discretion to allow GST refunds or credits outside the four year period.
Consequently, the Commissioner is unable to allow you to revise your BASs to enable you to claim additional input tax credits for the relevant quarterly tax periods.