Federal Register of Legislation - Australian Government

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Determinations/Taxation as made
This Determination relates to adjustment note requirement waivers where a Court or Tribunal decision regarding a decreasing adjustment arises from an acquisition.
Administered by: Treasury
Registered 20 Nov 2006
Gazetted 24 Feb 2004
Date of repeal 01 Apr 2017
Repealed by Sunsetting

 

COMMONWEALTH OF AUSTRALIA

 

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999

 

DETERMINATION

 

Under subsection 29-20(3) of the A New Tax System (Goods and Services Tax) Act 1999 I make the following determination:

 

Citation

1.                  This determination is the A New Tax System (Goods and Services Tax) Act 1999 Waiver of Adjustment Note Requirement Determination (No. 1) 2004 – Decision of a Court or Tribunal.

 

Commencement

2.                  This determination commences on the date the A New Tax System (Goods and Services Tax) Act 1999 commenced.

 

Circumstances where the requirement for an adjustment note does not apply

3.                  The circumstances set out in clause 4 are circumstances in which the requirement for an adjustment note under subsection 29-20(3) of the Act does not apply.

4.                  The circumstances are that all of the following requirements are satisfied:

(a)    (i)               under Part IVC of the Taxation Administration Act 1953 you have applied to the Tribunal for review of an objection decision or appealed against an objection decision to a Court, and in making the objection decision the Commissioner decided that you did not have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition, and the grounds of the objection include that you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition; or

(ii)                you have sought declaratory orders from a Court that you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition; or

(iii)               you or the Commissioner has appealed against a decision of the Tribunal or Court that resulted from a proceeding covered by clause 4(a)(i) or appealed against a decision of the Court that resulted from a proceeding covered by clause 4(a)(ii); and

(b)              the Court or Tribunal has found that you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition.

 

Situations where an adjustment note is still required

5.                  However, clause 3 does not apply in any of the following circumstances:

(a)               a settlement occurs before the Court or Tribunal gives a decision; or

(b)              the Court or Tribunal dismisses the application without proceeding to determine the matter; or

(c)               the Court or Tribunal makes a decision in accordance with terms agreed to by the parties without making a finding that you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition; or

(d)              the Court remits the decision to the Tribunal, or the Court or Tribunal remits the decision to the Commissioner, for reconsideration; or

(e)               the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977; or

(f)                any other circumstance in which the Court or Tribunal does not make a finding as to whether you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition; or

(g)               the period within which an appeal against the Court or Tribunal decision may be lodged has not expired or an appeal has been lodged and the Court has not found that you have a decreasing adjustment arising from an adjustment event that has occurred in respect of an acquisition.

 

Definitions

6.                  In this determination:

the Act means the A New Tax System (Goods and Services Tax) Act 1999.

Tribunal means the Administrative Appeals Tribunal, including the Small Taxation Claims Tribunal.

Other expressions in this determination have the same meaning as in the Act.

 

Dated this 24th day of February 2004.

 

 

Signed by Bruce Quigley

Deputy Chief Tax Counsel
Delegate of the Commissioner