Commissioner's claim for refund of GST payment not statute barred - Wynnum Holdings No 1
10 May 2011
The AAT has held that the claim by the Commissioner for a refund from the taxpayer of the GST claimed and paid as an input tax credit (ITC) on the purchase of real property was not statute barred under s 105-50 in Schedule 1 to the Taxation Administration Act 1953, notwithstanding that it was made more than 4 years after the lodgment of the BAS for the relevant period.
The AAT held that the amount claimed by the Commissioner was neither a "net amount" nor an "amount of indirect tax" within the meaning of s 105-50. The AAT held that "ITCs are something else entirely. ITCs are defined in s 195-1 of the GST Act as 'an entitlement arising under s 11-20 or 15-15'. An 'entitlement' of a taxpayer is the exact opposite of an amount that is 'payable' by a taxpayer": Wynnum Holdings No 1 Pty Ltd and FCT  AATA 296 (AAT, Frost SM, 5 May 2011).