Commonwealth Consolidated Acts Commonwealth Consolidated ActsAmendment of assessments in relation to supplies
(4) You do not cease under section 93 - 5 to be entitled to an input tax credit if:
(a) the input tax credit is for a * creditable acquisition that relates to making a supply; and
(b) during the period of 4 years mentioned in subsection 93 - 5(1), a * net amount of yours is * assessed on the basis that the supply is * input taxed; and
(c) after the end of that 4 - year period, the Commissioner amends the assessment of your net amount for the tax period to which the supply is attributable under section 155 - 35, 155 - 45 or 155 - 50, or paragraph 155 - 60(a) or (b), in Schedule 1 to the Taxation Administration Act 1953 on the basis that the supply is not input taxed; and
(d) the input tax credit is taken into account in an assessment of a net amount of yours (the credit assessment ):
(i) after the end of that 4 - year period; and
(ii) at a time when the Commissioner may amend the assessment of your net amount for the tax period mentioned in subsection 93 - 5(1) of this Act (whether the credit assessment or another assessment) under Subdivision 155 - B in Schedule 1 to the Taxation Administration Act 1953 on the basis that you are entitled to the input tax credit.
Request to treat document as tax invoice
(5) If:
(a) you requested the Commissioner to treat a document under subsection 29 - 70(1B) as a * tax invoice for the purposes of attributing an input tax credit to a tax period; and
(b) you made the request before the end of the 4 - year period mentioned in subsection 93 - 5(1) in relation to the tax period; and
(c) the Commissioner agrees to the request after the end of the 4 - year period;
you do not cease under section 93 - 5 to be entitled to the input tax credit to the extent that, had the Commissioner agreed to the request before the end of the 4 - year period, you would not cease under that section to be entitled to the credit.