A New Tax System (Goods and Services Tax) Act 1999
The special rules
Special rules mainly about returns, payments and refunds
The special rules in this Part mainly modify the operation of
, but they may affect other Parts of
in minor ways.
You are eligible to elect to pay GST by instalments if:
(b) the current tax period applying to you is not affected by:
(i) an election under section
(election of one month tax periods); or
(ii) a determination under section
(determination of one month tax periods); or
(iii) a determination under section
(special determination of tax periods on request); and
(c) your *
current GST lodgment record
is at least 4 months; and
(d) you have complied with all your obligations to give *
to the Commissioner; and
S 162-5(1) amended by No 52 of 2016, s 3 and Sch 1 items 29 and 30, by substituting
in para (e) and inserting para (f), applicable in relation to working out net amounts for tax periods starting on or after 1 July 2017. See note under Subdiv
S 162-5(1) amended by No 80 of 2007, s 3 and Sch 2 item 30, by substituting para (a), applicable in relation to net amounts for tax periods starting on or after 1 July 2007. Para (a) formerly read:
(a) you do not exceed the *instalment turnover threshold; and
instalment turnover threshold
(a) $2 million; or
(b) such higher amount as the regulations specify.
You are in a
net refund position
if the sum of all your *
assessed net amounts
is less than zero, for the tax periods for which *
fell due during the period referred to in the relevant item in the third column of this table.
|When you are in a net refund position|| |
|Item||If your *current GST lodgment record is
...||Take into account this period to work out whether you are in a net refund position:|
|1||at least 13 months||the 12 months preceding the current tax period applying to you|
|2||at least 10 months, but less than 13 months||the 9 months preceding that current tax period|
|3||at least 7 months, but less than 10 months||the 6 months preceding that current tax period|
|4||less than 7 months||the 3 months preceding that current tax period|
S 162-5(3) amended by No 39 of 2012, s 3 and Sch 1 item 101, by substituting
*assessed net amounts
, 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.
(Repealed by No 39 of 2012)
S 162-5(4) repealed by No 39 of 2012, s 3 and Sch 4 item 6, effective 15 April 2012. S 162-5(4) formerly read:
(4) In working out *net amounts for the purposes of subsection (3), disregard any entitlements you had to special credits, under section 16 of the
A New Tax System (Goods and Services Tax Transition) Act 1999
, that were attributable to any of the tax periods referred to in that subsection.
S 162-5 inserted by No 73 of 2001, s 3 and Sch 1 item 29, applicable in relation to net amounts for tax periods starting, or that started, on or after 1 July 2000.