The AAT has affirmed ATO decision that a taxpayer was not entitled to a refund of excess GST it paid.
The Taxpayer sought a refund of the amounts it overpaid as GST by treating supplies of ‘cosmetic injectables’ as wholly taxable when in fact these were mixed supplies comprising:
• a GST-free supply of cosmetic injectables; and
• a taxable supply of administering the cosmetic injectables. The Taxpayer argued that:
• it did not pass on the excess amount;
• Alternatively, it is entitled to the benefit of a decision under s142-15 treating s142-10 as never having applied.
The AAT agreed with the Commissioner that the taxpayer was precluded by s142-10(1) from obtaining a refund because it passed on the excess amounts to its customers and has not reimbursed the customers for the amounts passed on.
*All references to legislation are to the ‘GST Act’ - the A New Tax System (Goods and Services Tax) Act 1999. View case: M3K Services Pty Ltd and FCT  AATA 4416, 26 November 2021.