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A New Tax System (Goods and Services Tax) Act. Australia
Читать онлайн.Название A New Tax System (Goods and Services Tax) Act
Год выпуска 0
isbn 9785392081721
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
(d) the adjustment (or part) is attributable to the first tax period for which you give to the Commissioner a GST return at a time when you hold that adjustment note.
However, this subsection does not apply in circumstances of a kind determined in writing by the Commissioner to be circumstances in which the requirement for an adjustment note does not apply.
For the giving of GST returns to the Commissioner, see Division 31.
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.
29–39 Special rules relating to attribution rules
Chapter 4 contains special rules relating to attribution rules, as follows:
Checklist of special rules
Item
For this case…
See:
1
Agents and insurance brokers
Division 153
2
Associates
Division 72
3
Cancelled lay-by sales
Division 102
4
Cessation of registration
Division 138
5
Changes in the extent of creditable purpose
Division 129
6
Changing your accounting basis
Division 159
7
Company amalgamations
Division 90
8
Deposits as security
Division 99
8A
Distributions from deceased estates
Division 139
8B
Non-deductible expenses
Division 69
9
Pre-establishment costs
Division 60
10
Reimbursement of employees etc.
Division 111
11
Representatives of incapacitated entities
Division 58
11A
Second-hand goods
Division 66
12
Supplies and acquisitions made on a progressive or periodic basis
Division 156
13
Supplies of things acquired etc. without full input tax credits
Division 132
13A
Third party payments
Division 134
14
Tradex scheme goods
Division 141
Subdivision 29-B — Accounting on a cash basis
29–4 °Choosing to account on a cash basis
(1) You may choose to *account on a cash basis, with effect from the first day of the tax period that you choose, if:
(a) you are a *small business entity (other than because of subsection 328–110(4) of the *ITAA 1997) for the *income year in which you make your choice; or
(ab) you do not carry on a *business and your *GST turnover does not exceed the *cash accounting turnover threshold; or
(b) for income tax purposes, you account for your income using the receipts method; or
(c) each of the *enterprises that you *carry on is an enterprise of a kind that the Commissioner determines, in writing, to be a kind of enterprise in respect of which a choice to *account on a cash basis may be made under this section.
(3) The cash accounting turnover threshold is:
(a) $2 million; or
(b) such higher amount as the regulations specify.
29–45 Permission to account on a cash basis
(1) The Commissioner may permit you to *account on a cash basis if:
(a) you apply to the Commissioner in the *approved form for permission to account on a cash basis; and
(b) the Commissioner is satisfied that, having regard to:
(i) the nature and size of the *enterprise that you *carry on; and
(ii) the nature of the accounting system that you use;
it is appropriate to permit you to account on a cash basis.
Note: Refusing to permit you to account on a cash basis is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(2) The Commissioner must notify you in writing of any decision he or she makes in relation to you under this section. If the Commissioner decides to permit you to *account on a cash basis, the notice must specify the date of effect of your permission.
Note: Deciding the date of effect of your permission to account on a cash basis is a reviewable