Document ID: chunk:federal_register_of_legislation:C2010A00020:clause:1_7:p2
Version: federal_register_of_legislation:C2010A00020
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/3)
Character Range: 7522–9987

the time limit within which the Commissioner can recover indirect tax amounts, and section 105‑55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.
Note 2: Section 93‑15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93‑5 of this Act will apply.

Excess relates to amount avoided by fraud or evaded
 (2) You do not cease under section 93‑5 to be entitled to an input tax credit to the extent that the input tax credit arises out of circumstances that also gave rise to:
 (a) the whole or a part of an amount in relation to which paragraph 105‑50(3)(b) in Schedule 1 to the Taxation Administration Act 1953 applies; or
 (b) an amount of an excess, in relation to which that paragraph applies.
Note 1: Section 105‑50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.
Note 2: Section 93‑15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93‑5 of this Act will apply.

You have notified the Commissioner of refund etc.
 (3) You do not cease under section 93‑5 to be entitled to an input tax credit to the extent that:
 (a) the input tax credit arises out of circumstances that also gave rise to the whole or a part of a refund, other payment or credit in relation to which paragraph 105‑55(1)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; and
 (b) you gave to the Commissioner the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 29‑10(1) or (2) of this Act.
Note 1: Section 105‑55 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which you can claim amounts relating to indirect tax.
Note 2: Section 93‑15 of this Act may preclude this subsection from applying to the input tax credit, in which case section 93‑5 of this Act will apply.

93‑15  GST ceasing to be payable on the related supply
  Section 93‑10 does not apply if:
 (a) GST has ceased to be payable (other than as a result of its payment) on the supply that is related to the *creditable acquisition for which you would be entitled to an input tax credit but for this section; and
 (b) at the time of the cessation, you did not hold a *tax invoice for the creditable acquisition.