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In the 2009-10 Budget the government announced its intention to amend the law with respect to refund claims for overpaid GST.

The proposed amendments will clarify that an entity is not entitled to a refund of an overpaid GST amount unless certain criteria are satisfied.

On 17 August 2012, the Government announced that these changes are intended to apply to tax periods commencing on or after the date of the release of draft legislation, that is, 17 August 2012. Legislation has yet to be introduced into Parliament.

The ATO has now published the administrative treatment that it will apply pending the enactment of the changes.


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