A New Tax System (Goods and Services Tax) (Particular Attribution Rules Where Total Consideration Not Known) Determination (No. 1) 2000 (30/06/2000)

Administered by Department of the Treasury

Legislation au F2006B11593 Not in force Legislative Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

 

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

 

DETERMINATION

 

Under subsection 29-25(1) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901, I make the following determination, being satisfied under paragraph 29-25(2(e) of the Act that it is necessary to prevent the provisions of Division 29 and Chapter 4 applying in a way that is inappropriate in circumstances involving a supply or acquisition occurring before the supplier or recipient knows the total consideration:

 

Citation

 

1. This Determination is the A New Tax System (Goods and Services Tax) (Particular Attribution Rules Where Total Consideration Not Known) Determination (No. 1) 2000.

 

Commencement

 

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

 

Application of Determination

 

3. (1) This Determination applies where:

 

(a)                you make a taxable supply;

(b)                you do not know the total consideration for the supply when any consideration is received for the supply or an invoice is issued relating to the supply; and

(c) the ascertainment of the total consideration depends on a future event or events that is not entirely within your control;

and either:

(d) an invoice is issued relating to the supply; or

(e)  any consideration is received for the supply.

 

(2)       This Determination applies where:

 

(a)   you make a creditable acquisition; and

(b)   you do not know the total consideration for the acquisition when you provide any consideration for the acquisition or an invoice is issued relating to the acquisition; and

(c)   the ascertainment of the total consideration depends on a future event or events that is not entirely within the control of the supplier;             

and either:

(d) an invoice is issued relating to the acquisition; or

(e)   you provide any consideration for the acquisition.

 

(3) This Determination applies only if you do not account on a cash basis.

 

Particular attribution rule for GST payable on a taxable supply occurring before the supplier knows the total consideration

 

 

4. (1) Where, in a tax period before you know the total consideration, an invoice is issued relating to a taxable supply which states an amount of consideration and:

(a) no consideration is received for the supply in that tax period -  the GST on the supply is attributable to that tax period but only to the extent of the amount of the consideration stated in the invoice; or

(b) consideration is received for the supply in that tax period - the GST on the supply is attributable to that tax period but only to the extent:

(i) where the consideration received is less than or equal to the amount of the consideration stated in the invoice - the amount of consideration stated in the invoice; or

(ii) where the consideration received is more than the amount stated in the invoice - the amount of the consideration received.

 

(2)               Where, in a tax period before you know the total consideration, an invoice is not issued relating to the supply and:

(a) consideration is received for the supply in that tax period - the GST payable on the taxable supply is attributable to that tax period but only to the extent of the consideration received in that tax period; or

(b) no consideration is received for the supply in that tax period – none of the GST on the supply is attributable to that tax period

 

(3)               The GST payable on the taxable supply is attributable under subclauses (1) and (2) only to the extent that it has not been attributed to an earlier tax period.

 

(4) However, the GST payable on the taxable supply is attributable to the tax period in which you first know the total amount of consideration for the taxable supply to the extent that it has not been attributed to an earlier tax period.

 

Particular attribution rule for input tax credits arising from a creditable acquisition occurring before the recipient knows the total consideration

 

5. (1) Where, in a tax period before you know the total consideration, an invoice is issued relating to a creditable acquisition which states an amount of consideration and you:

(a) do not provide any of the consideration for the acquisition in that tax period - the input tax credit for the acquisition is attributable to that tax period but only to the extent of the amount of the amount of the consideration stated on the invoice; or

 

(b) provide any of the consideration for the acquisition in that tax period - the input tax credit for the creditable acquisition is attributable to that tax period but only to the extent:

(i) where the consideration provided by you is less than or equal to the amount of the consideration stated in the invoice - the amount of the consideration stated in the invoice; or

 

(ii) where the consideration provided by you is more than the amount stated in the invoice - the amount of the consideration provided.

 

(2)       Where, in a tax period before you know the total consideration, an invoice is not issued relating to a creditable acquisition and you:

(a) provide any of the consideration for the acquisition in that tax period - the input tax credit for the creditable acquisition is attributable to that tax period but only to the extent of the consideration that you provided in that tax period; or

(b) provide none of the consideration for the acquisition in that tax period – none of the input tax credit for the acquisition is attributable to that tax period.

 

(3)       The input tax credit to which you are entitled is attributable under subclauses (1) and (2) only to the extent that it has not been attributed to an earlier tax period.

(4)       However, the input tax credit to which you are entitled for a creditable acquisition is attributable to the tax period in which you first know the total amount of consideration for the creditable acquisition to the extent it has not been attributed to an earlier tax period.

6. To avoid doubt, this Determination is not intended to override subsection 29-10(3).

Definitions

 

7. (1) The following expression is defined for the purposes of this Determination:

 

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

 

(2) Other expressions in this Determination have the same meaning as in the Act.

 

Signed this 30th day of June 2000

 

Signed by Marilyn Knight

Senior Tax Counsel

Goods and Services Tax Program

Delegate of the Commissioner

 

Overview

The A New Tax System (Goods and Services Tax) (Particular Attribution Rules Where Total Consideration Not Known) Determination (No. 1) 2000 was enacted to address the issue of determining the Goods and Services Tax (GST) liability in situations where the total consideration for a supply or acquisition is not known at the time of the transaction. This legislative instrument was made under subsection 29-25(1) of the A New Tax System (Goods and Services Tax) Act 1999 and subsection 4(1) of the Acts Interpretation Act 1901. It applies to scenarios where the total consideration depends on future events that are not entirely within the control of the supplier or recipient, and where an invoice is issued or consideration is received before the total consideration is known. The policy objective is to ensure the appropriate allocation of GST liability in such circumstances to avoid inappropriate application of the tax provisions. This Determination outlines specific rules for attributing GST payable on a taxable supply and input tax credits for a creditable acquisition where the total consideration is unknown at the time of the transaction. It provides that GST is attributable to the tax period in which the consideration is known to the extent it has not been attributed to an earlier tax period. The Determination applies only if the taxpayer does not account on a cash basis, ensuring that GST liabilities are accurately recorded in the appropriate tax periods.

Scope and Application

The A New Tax System (Goods and Services Tax) (Particular Attribution Rules Where Total Consideration Not Known) Determination (No. 1) 2000 applies to entities involved in taxable supplies or creditable acquisitions where the total consideration is unknown at the time of the supply or acquisition. This is particularly relevant for entities that do not know the total consideration when issuing an invoice or receiving any consideration, and where the ascertainment of the total consideration is contingent on future events not entirely within their control. The Determination applies only if the entity does not account on a cash basis. The legislation sets out specific rules for attributing GST payable on taxable supplies and input tax credits for creditable acquisitions in circumstances where the total consideration is not known at the time of the transaction. The rules ensure that GST is attributed to the tax period in which the total consideration is first known, to the extent that it has not been attributed to an earlier tax period. This Determination is applicable nationally across Australia and complements the A New Tax System (Goods and Services Tax) Act 1999.

Key Provisions

The A New Tax System (Goods and Services Tax) (Particular Attribution Rules Where Total Consideration Not Known) Determination (No. 1) 2000 outlines specific rules for attributing goods and services tax (GST) in situations where the total consideration for a supply or acquisition is not known at the time the supply or acquisition is made or when an invoice is issued. This applies to situations where the total consideration is dependent on future events that are not entirely within the control of the supplier or recipient (sections 3(1) and 3(2)). It applies to taxable supplies and creditable acquisitions made on an accrual basis, excluding those accounted for on a cash basis (section 3). Under this Determination, the GST payable on a taxable supply is attributed to the tax period in which the supplier first knows the total consideration, but only to the extent that it has not been attributed to an earlier tax period (section 4). Similarly, input tax credits arising from a creditable acquisition are attributed based on the consideration provided or stated on an invoice, again subject to the same conditions regarding attribution to tax periods (section 5). The rules ensure that GST is attributed according to the consideration stated in the invoice or the consideration received, whichever is less, unless the supplier or recipient knows the total consideration (sections 4(1) and 5(1)). The Determination imposes obligations on suppliers and recipients to accurately attribute GST and input tax credits in the specified circumstances. Suppliers must ensure that the GST on taxable supplies is attributed to the correct tax period based on the consideration received or stated on the invoice (section 4). Recipients, on the other hand, must ensure that input tax credits for creditable acquisitions are attributed to the correct tax period based on the consideration provided or stated on the invoice (section 5). Both parties must ensure that the total consideration is known and attributed to the correct tax period when it becomes known (sections 4(4) and 5(4)). Failure to comply with the provisions of this Determination may result in penalties under the A New Tax System (Goods and Services Tax) Act 1999. The maximum penalties for non-compliance can include fines and imprisonment, as stipulated in the principal Act. Additionally, incorrect attribution of GST and input tax credits may lead to adjustments in future tax returns, resulting in additional tax liabilities or refund claims. The Determination aims to provide clarity and ensure the accurate attribution of GST in complex scenarios where total consideration is not known at the time of supply or acquisition.

Legal classification tags

Area of Law
Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.