{"id":"F2017L00363","name":"Goods and Services Tax: (Particular Attribution Rules for Cooling off Periods) Determination 2017","slug":"goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96081,"registerId":"commonwealth-F2017L00363-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Goods and Services Tax: (Particular Attribution Rules for Cooling off Periods) Determination 2017","content":"Legislative Instrument\n\nGoods and Services Tax: (Particular Attribution Rules for Cooling off Periods) Determination 2017\n\nI, Timothy Dyce, Deputy Commissioner of Taxation, make this determination under subsection 29-25(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act);\n\nSigned by Timothy Dyce\n\nDeputy Commissioner of Taxation\n\nDated: 29/03/2017\n\n    Name of determination\n\nThis determination is the Goods and Services Tax: (Particular Attribution Rules for Cooling off Periods) Determination 2017.\n\n    2. Commencement\n\nThis determination commences on the day after its registration on the Federal Register of Legislation.\n\n    3. Repeal of previous determination\n\nThis determination repeals and replaces determination A New Tax System (Goods and Services Tax) (Particular Attribution Rules for Cooling off Periods) Determination (No. 1) 2000 \\- F2006B11605, registered on 20 November 2006.\n\n    4. Application\n\nThis determination applies where a taxable supply or creditable acquisition has been made, but it is subject to a statutory cooling off period. The determination is substantially the same as the previous determination that it replaces. An entity that satisfied the requirements of the previous determination and that is an entity which makes a taxable supply or creditable acquisition which is subject to a statutory cooling off period will satisfy the requirements of the determination.  \n\n    5. Particular attribution rule for GST payable on a taxable supply still subject to a statutory cooling off period under an Australian law\n\n(a) If you do not account on a cash basis and you make a taxable supply subject to a statutory cooling off period under an Australian law, then the GST payable on the supply is attributable to the earlier of:\n\n(i) the tax period in which any of the consideration is received for the supply; or  \n(i) the tax period in which an invoice is issued relating to the supply.\n\n(b) However, if the GST payable on the supply would be attributable under subparagraph 5(a) to a tax period that ends before the cooling off period expires, then the GST payable is attributable to the tax period in which the cooling off period expires.\n\n(c) If you account on a cash basis and you make a taxable supply subject to a statutory cooling off period under an Australian law, then the GST on the supply is attributable to a tax period where:\n\n(i) all of the consideration for the supply is received – the tax period in which that consideration is received; or (ii) part of the consideration is received – the tax period in which part of the consideration is received, but only to the extent that the consideration is received in that tax period.\n\n(d) However, if some or all of the GST payable on the supply (relevant GST payable) would be attributable under subparagraph 5(c) to a tax period or tax periods that end before the cooling off period expires, then the relevant GST payable is attributable to the tax period in which the cooling off period expires.  \n\n6. Particular attribution rule for input tax credits arising from a creditable acquisition still subject to a statutory cooling off period\n\n(a) If you do not account on a cash basis and you make a creditable acquisition subject to a statutory cooling off period under an Australian law, then the input tax credit to which you are entitled for the acquisition is attributable to the earlier of:\n\n(i) the tax period in which you provide any of the consideration for the acquisition; or\n\n(ii) the tax period in which an invoice is issued relating to the acquisition.\n\n(b) However, if the input tax credit for the acquisition would be attributable under subparagph 6(a) to a tax period that ends before the cooling off period expires, the input tax credit is attributable to the tax period in which the cooling off period expires.\n\n(c) If you account on a cash basis and you make a creditable acquisition subject to a statutory cooling off period under an Australian law, then the input tax credit to which you are entitled for the acquisition is attributable to a tax period where:\n\n(i) if, in a tax period, you provide all of the consideration for the acquisition – the tax period in which that consideration is provided; or\n\n(ii) If, in a tax period, you provide part of the consideration – the tax period in which part of the consideration is provided, but only to the extent that the consideration is provided in that tax period.\n\n(d) However, if some or all of the input tax credit (relevant input tax credit) would be attributable under subclause 6(c) to a tax period or tax periods that end before the cooling off period expires, then the relevant input tax credit is attributable to the tax period in which the cooling off period expires.  \n\n7. To avoid doubt, this determination is not intended to override subsection 29-10(3) or Division 156 of the GST Act.\n\n    8. Definitions\n    Expressions in this Determination have the same meaning as in the GST Act.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The determination repeals and replaces the 2000/2006 determination but is described as 'substantially the same' and confirms that entities satisfying the previous determination will satisfy this one (clauses 3–4). Therefore the scope is not changed from the earlier instrument."},"complexity_factors":["Separate rules for supplies (GST payable) and acquisitions (input tax credits) create parallel but distinct tests (clauses 5 and 6).","Different attribution tests for entities that account on a cash basis versus those that do not, including partial‑payment apportionment for cash‑basis taxpayers (clauses 5(c) and 6(c)).","Conditional override: the ordinary attribution (receipt or invoice) is displaced if it would fall before the statutory cooling‑off expiry, requiring tracking of cooling‑off end dates against tax periods (clauses 5(b) and 6(b)/(d)).","Reliance on the phrase 'statutory cooling off period under an Australian law' requires taxpayers to establish whether a cooling‑off period exists and its expiry date.","Interaction points with existing GST rules that are preserved (does not override subsection 29‑10(3) or Division 156) may require cross‑referencing and increase interpretive steps (clause 7).","Repeal and replacement of a prior determination while remaining 'substantially the same' reduces substantive change risk but requires taxpayers to confirm continuity of their treatment (clauses 3–4).","Compliance burden: recordkeeping to match receipts/invoices, partial payments and cooling‑off expiry to tax reporting periods; potential cash‑flow timing effects for both suppliers and purchasers."],"plain_english_summary":"This instrument sets when GST and input tax credits must be attributed for supplies or acquisitions that are subject to a statutory cooling‑off period. It applies to suppliers and buyers (whether they account on a cash or non‑cash basis): attribution is normally to the tax period when consideration is received or an invoice is issued, but if that would fall before the cooling‑off period expires the attribution is deferred to the tax period in which the cooling‑off period ends."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of a 2000 determination with the same scope. Section 4 explicitly states it is 'substantially the same as the previous determination that it replaces' and ensures continuity for entities already complying with the old rules. The scope remains tightly focused on timing rules for GST attribution during cooling off periods."},"complexity_factors":["Short document (8 sections, approximately 2 pages)","Only 1 defined term section that references external legislation (GST Act)","Simple conditional structure: basic rule + 'however' exception for cooling off timing","Parallel structure for both sales (GST payable) and purchases (input tax credits)","Parallel structure for both accounting methods (cash vs non-cash)","No nested exceptions or complex cross-referencing beyond the parent GST Act","Clear operative provisions with subparagraphs (a), (b), (c), (d) that mirror each other"],"plain_english_summary":"This rule requires businesses to defer reporting GST on supplies or acquisitions while a statutory cooling‑off right can still be exercised, so GST is reported only when the cooling‑off period ends. It applies to sellers and buyers whose transactions can be legally cancelled within that period.\n\nThe change prevents businesses from paying GST on sales that may be unwound if a customer cancels, avoiding tax on funds that might later be returned."}},"importantCases":[],"_links":{"self":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017","history":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017/history","analysis":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017/analysis","conflicts":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017/conflicts","importantCases":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017/important-cases","documents":"/api/acts/goods-and-services-tax-particular-attribution-rules-for-cooling-off-periods-determination-2017/documents"}}