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Income Tax Assessment Act 1997
27‑15 GST payments27‑15 GST payments
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#### 27‑15 GST payments
(1) You cannot deduct under this Act a loss or outgoing consisting of a payment under Division 33 of the \*GST Act.
(2) This section does not apply to the payment:
(a) to the extent (if any) that the \*net amount to which the payment relates was increased under section 21‑5 of the \*Wine Tax Act (which allows for such increases to take account of wine equalisation tax); and
(b) to the extent (if any) that the \*net amount was increased under section 13‑5 of the \*Luxury Car Tax Act (which allows for such increases to take account of luxury car tax); and
(c) to the extent (if any) that the \*net amount was increased under paragraph 13‑10(1)(a) of the Luxury Car Tax Act (which allows for such alterations to take account of increasing luxury car tax adjustments under that Act).
(3) This section does not apply to the payment of \*assessed GST (under section 33‑15 of the \*GST Act) on a \*taxable importation that:
(a) was not a \*creditable importation; or
(b) was \*partly creditable;
but only to the extent that that payment of assessed GST exceeds the \*input tax credit (if any) to which you are entitled for that importation.
(4) This section does not apply to the payment of an \*assessed net amount under section 33‑3 or 33‑5 of the \*GST Act to the extent that the assessed net amount includes \*GST on a \*taxable supply that:
(a) exceeds the \*input tax credit (if any) to which you are entitled for a \*creditable acquisition that relates to that supply; and
(b) is payable by you (and is not payable by the supplier of that supply) because of the operation of Division 83, 84 or 86 of the GST Act.