Source: Taxation In Australia Journal Article
Published Date: 1 Jun 2013
Exposure draft legislation introduced in February 2013 proposes to introduce a new Div 142 into the A New Tax System (Goods and Services Tax) Act 1999 which will replace s 105-65 of Sch1 to the Taxation Administration Act 1953. The draft legislation is intended to regulate the circumstances in which the Commissioner of Taxation will refund an overpayment of GST. This article considers the operation of the proposed Div 142, whether it meets the stated policy intent and aims, and the practical implications for taxpayers.
The author concludes that, if introduced in its draft form, the new Div 142 is likely to prove more restrictive than the present s 105-65 when suppliers who consider themselves to have borne the cost of overpaid GST attempt to obtain refunds. The risk is that any overpayment of GST will not be refunded.
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