ATO GST private rulings – February 2012

During February 2012, the ATO published nearly 40 private rulings dealing with GST.  These rulings can be accessed here.

An interesting highlight from this month’s list is the number of private rulings addressing claims for GST refunds.  There were 5 such rulings. Unfortunately, in each case the rulings register provides no guidance as to the nature of these applications – this is because in each case, in order to protect confidentiality, only the following summary is provided “this ruling concerned GST and the refund of overpayments as a result of a change in the ATO view.  The Commissioner has rules on each of the specific questions“.

Given the current uncertainty surrounding GST refunds, particularly in the context of Division 105-65 of Schedule 1 of the TAA and the application by the Commissioner of his views in MT 2010/1, it would have been helpful if some details were disclosed in the rulings register.

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