Travelex Limited v Commissioner of Taxation [2018] FCA 1051

TAXATION – determination of period of interest for RBA surplus pursuant to s 12AD of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) – ascertainment of RBA interest day as defined in s 12AF of the Overpayments Act – whether taxpayer had given the Commissioner of Taxation a notification which was required for the refund under s 8AAZLG of the Taxation Administration Act 1953 (Cth) (Administration Act) – whether the taxpayer was required by s 31-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) to give the Commissioner of Taxation an amended or revised GST return – whether the administrative practice of the Commissioner of Taxation of accepting or processing amended or revised GST returns has a legal or statutory basis – held that the taxpayer was not required by any provision in the GST Act or Administration Act to amend or revise its GST return STATUTORY INTERPRETATION – interpretation of the expression “RBA interest day” as defined in paragraph (b) s 12AF of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) – whether the taxpayer was required to give a notification of the refund to the Commissioner under s 8AAZLG of the Taxation Administration Act 1953 (Cth) – whether an entity is required by s 31-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) to amend or request an amendment of a GST return if the original GST return was inaccurate – whether a requirement to amend, or request an amendment, of a GST return is implicit in the statutory scheme in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Full decision here.

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