Commonwealth legislation

Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination resolves what tax period counts for GST obligations when two or more Commissioner determinations give different attribution rules. If multiple determinations apply to the same supply or acquisition, the GST payable or the input tax credit is attributed to the later (latest) of the tax periods.

It affects entities that make taxable supplies or creditable acquisitions covered by more than one such determination, because it changes the timing of when GST must be reported and credits claimed, affecting cash flow and compliance.

JSON API Tax / GST / superannuation

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017.

Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017

Legislative Instrument

Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017

I, 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).

Timothy Dyce

Deputy Commissioner of Taxation

Dated: 28/03/2017

Name of determination

This determination is the Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017.

Commencement

This determination commences on the day after its registration on the Federal Register of Legislation.

Repeal of previous determination

This determination repeals and replaces determination A New Tax System (Goods and Services Tax) Act 1999 (Application of Particular Attribution Rules Determinations) Determination (No. 1) 2000 (F2006B11604), registered on 20 November 2006.

Application

This determination applies where two or more determinations specify different attribution rules for the same kind of taxable supply or creditable acquisition.

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 for which two or more determinations specify different attribution rules for the same kind of taxable supply or creditable acquisition will satisfy the requirements of the determination.

Attribution of GST payable on a taxable supply of a kind described in more than one determination made under section 29-25

The GST payable is attributable to the latter, or latest, of the tax periods where:

(1) you make a taxable supply to which more than one determination made by the Commissioner under subsection 29-25(1) of the GST Act applies; and

(2) the attribution rules set out in the determinations result in the GST payable on the taxable supply being attributable to different tax periods.

6. Attribution of an input tax credit arising from a creditable acquisition of a kind described in more than one determination made under section 29‑25

The input tax credit is attributable to the latter, or latest, of the tax periods where:

(1) you make a creditable acquisition to which more than one determination made by the Commissioner under subsection 29-25(1) of the GST Act applies; and

(2) the attribution rules set out in the determinations result in the input tax credit for the creditable acquisition being attributable to different tax periods.

7. Definitions

Expressions in this determination have the same meaning as in the GST Act.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017

Legislative Instrument

Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017

I, 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).

Timothy Dyce

Deputy Commissioner of Taxation

Dated: 28/03/2017

Name of determination

This determination is the Goods and Services Tax: Application of Particular Attribution Rules Determinations (Determination) 2017.

Commencement

This determination commences on the day after its registration on the Federal Register of Legislation.

Repeal of previous determination

Application

This determination applies where two or more determinations specify different attribution rules for the same kind of taxable supply or creditable acquisition.

Attribution of GST payable on a taxable supply of a kind described in more than one determination made under section 29-25

The GST payable is attributable to the latter, or latest, of the tax periods where:

(1) you make a taxable supply to which more than one determination made by the Commissioner under subsection 29-25(1) of the GST Act applies; and

(2) the attribution rules set out in the determinations result in the GST payable on the taxable supply being attributable to different tax periods.

6. Attribution of an input tax credit arising from a creditable acquisition of a kind described in more than one determination made under section 29‑25

The input tax credit is attributable to the latter, or latest, of the tax periods where: