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A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-7 - Special rules mainly about returns, payments and refunds  

Note:

The special rules in this Part mainly modify the operation of Part 2-7 , but they may affect other Parts of Chapter 2 in minor ways.

Division 165 - Anti-avoidance  

Subdivision 165-B - Commissioner may negate effects of schemes for GST benefits  

165-40  Commissioner may make declaration for purpose of negating avoider ' s GST benefits  

 View history reference

(1)  

For the purpose of negating a * GST benefit the avoider mentioned in section 165-5 gets or got from the * scheme , the Commissioner may make a declaration stating either or both of the following:


(a) the amount that is (and has been at all times) the avoider ' s * net amount for a specified tax period that has ended;


(b) the amount that is (and has been at all times) the amount of GST on a specified * taxable importation that was made (or is stated in the declaration to have been made) by the avoider.

History

S 165-40(1) amended by No 39 of 2012, s 3 and Sch 1 items 116 and 117, by renumbering from s 165-40 and repealing the note, effective 1 July 2012. No 39 of 2012, s 3 and Sch 1 items 239 and 240 contain the following application provisions:

239 Application of amendments  
(1) The amendments made apply in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012.
(2) The amendments made also apply in relation to payments and refunds that:


(a) do not relate to any tax periods or fuel tax return periods; and


(b) relate to liabilities or entitlements that arose on or after 1 July 2012. 240 Application of amendments - declarations   Despite item 239, item 2 of the table in subsection 350-10(1) in Schedule 1 to the Taxation Administration Act 1953 applies, in relation to declarations under the A New Tax System (Goods and Services Tax) Act 1999 or the Fuel Tax Act 2006 , as mentioned in subsection 350-10(2) in that Schedule.

The note formerly read:

Note:

A declaration of the Commissioner under this section is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953 ).

S 165-40 amended by No 73 of 2006 , s 3 and Sch 5 item 132, by substituting " Subdivision 110-F in Schedule 1 to " for " Division 7 of Part VI of " in the note, effective 1 July 2006.

(2)  

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The Commissioner must take such action as he or she considers necessary to give effect to a declaration made under this section.

History

S 165-40(2) inserted by No 39 of 2012, s 3 and Sch 1 item 118, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012.


 



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