25 Sep 14 Refunding excess GST - GSTR 2014/D4
On 24 September 2014, the ATO released for public consultation by 7 November 2014 draft Goods and Services Tax Ruling GSTR 2014/D4 entitled "Goods and services tax: the meaning of the terms 'passed on' and 'reimburse' for the purposes of Division 142 of the A New Tax System (Goods and Services Tax) Act 1999".
Part A of the draft Ruling sets out the Commissioner's views on when an amount of excess GST has been passed on to another entity.
Part B of the draft Ruling discusses the circumstances in which the Commissioner considers an amount of excess GST, which has been passed on to another entity, has been reimbursed to that other entity.
The draft Ruling does not discuss the circumstances in which the Commissioner may exercise the discretion in s 142-15(1) of the GST Act.
The draft Ruling also does not consider the operation of s 105-65 in Schedule 1 to the Taxation Administration Act 1953 (TAA). The Commissioner's views on that provision are contained in Miscellaneous Taxation Ruling MT 2010/1 Miscellaneous tax: restrictions on GST refunds under s 105-65 of Schedule 1 to the TAA.