93‑10 Exceptions to time limit on entitl93‑10 Exceptions to time limit on entitlements to input tax credits

93‑10 Exceptions to time limit on entitlements to input tax credits

Commissioner determines particular attribution rules (1) If the Commissioner determines, under subsection 29‑25(1), the tax period to which an input tax credit for a *creditable acquisition you make is attributable: (a) you do not cease to be entitled to the input tax credit under section 93‑5; and (b) you cease to be entitled to the input tax credit to the extent that the input tax credit has not been taken into account, in an *assessment of a *net amount of yours, during the period of 4 years after the day on which you were required to give to the Commissioner a *GST return for the tax period to which the input tax credit is attributable under the determination.

Note: Subsections (4) and (5) set out circumstances in which your entitlement to the input tax credit does not cease under paragraph (b) of this subsection.

(2) Paragraph (1)(b) has effect despite section 11‑20 (which is about entitlement to input tax credits). Amendment of assessments in relation to supplies (4) You do not cease under section 93‑5 or paragraph (1)(b) of this section to be entitled to an input tax credit if: (a) the input tax credit is for a *creditable acquisition that relates to making a supply; and (b) during the period of 4 years mentioned in subsection 93‑5(1) or paragraph (1)(b) of this section, whichever is relevant, a *net amount of yours is *assessed on the basis that the supply is *input taxed; and (c) after the end of that 4‑year period, the Commissioner amends the assessment of your net amount for the tax period to which the supply is attributable under section 155‑35, 155‑45 or 155‑50, or paragraph 155‑60(a) or (b), in Schedule 1 to the Taxation Administration Act 1953 on the basis that the supply is not input taxed; and (d) the input tax credit is taken into account in an assessment of a net amount of yours (the credit assessment): (i) after the end of that 4‑year period; and (ii) at a time when the Commissioner may amend the assessment of your net amount for the tax period mentioned in subsection 93‑5(1) of this Act or paragraph (1)(b) of this section, whichever is relevant, (whether the credit assessment or another assessment) under Subdivision 155‑B in Schedule 1 to the Taxation Administration Act 1953 on the basis that you are entitled to the input tax credit. Request to treat document as tax invoice (5) If: (a) you requested the Commissioner to treat a document under subsection 29‑70(1B) as a *tax invoice for the purposes of attributing an input tax credit to a tax period; and (b) you made the request before the end of the 4‑year period mentioned in subsection 93‑5(1) or paragraph (1)(b) of this section in relation to the tax period; and (c) the Commissioner agrees to the request after the end of the 4‑year period; you do not cease under section 93‑5 or paragraph (1)(b) of this section, whichever is relevant, to be entitled to the input tax credit to the extent that, had the Commissioner agreed to the request before the end of the 4‑year period, you would not cease under that section or paragraph to be entitled to the credit.