INDIRECT TAX LAWS AMENDMENT (ASSESSMENT) BILL 2012

i Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Assessment of amounts under indirect tax laws

Part 1--Amendments commencing on 1 July 2012

Division 1--Main amendments

Taxation Administration Act 1953

Division 2--Definitions

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

A New Tax System (Luxury Car Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Customs Act 1901

Fuel Tax Act 2006

Income Tax Assessment Act 1997

Taxation Administration Act 1953

Division 3--Other amendments

Administrative Decisions (Judicial Review) Act 1977

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

A New Tax System (Luxury Car Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Customs Act 1901

Fuel Tax Act 2006

Income Tax Assessment Act 1997

Product Grants and Benefits Administration Act 2000

Taxation Administration Act 1953

Division 4--Transitional amendments

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

Fuel Tax Act 2006

Taxation Administration Act 1953

Division 5--Application of amendments and savings provision

Part 2--Amendments commencing on 1 January 2017

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 ii

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

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

Fuel Tax Act 2006

Income Tax Assessment Act 1997

Taxation Administration Act 1953

Part 3--Minerals Resource Rent Tax (Consequential

Amendments and Transitional Provisions) Act 2012

Schedule 2--Correcting errors in working out amounts under

indirect tax laws

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

Fuel Tax Act 2006

Schedule 3--Net amounts

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

A New Tax System (Luxury Car Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Schedule 4--Minor amendments

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

Fuel Tax Act 2006

Income Tax Assessment Act 1997

Taxation Administration Act 1953

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 1

A Bill for an Act to amend the law relating to

indirect taxation, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Indirect Tax Laws Amendment

(Assessment) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

1 July 2012.

1 July 2012

3. Schedule 1,

Part 2

1 January 2017.

1 January 2017

4. Schedule 1,

items 265 to 268

Immediately after the commencement of

section 2 of the Minerals Resource Rent Tax

(Consequential Amendments and

Transitional Provisions) Act 2012.

5. Schedule 1,

items 269 and 270

Immediately after the time specified in the

Minerals Resource Rent Tax (Consequential

Amendments and Transitional Provisions)

Act 2012 for the commencement of Part 2 of

Schedule 2 to that Act.

However, the provision(s) do not commence

at all if this Act receives the Royal Assent

before 1 July 2012.

6. Schedule 1,

item 271

Immediately after the commencement of

section 2 of the Minerals Resource Rent Tax

(Consequential Amendments and

Transitional Provisions) Act 2012.

7. Schedules 2

and 3

1 July 2012.

1 July 2012

8. Schedule 4

The earlier of:

(a) the day this Act received the Royal

Assent; and

(b) 1 July 2012.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 3

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

4 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Schedule 1--Assessment of amounts under

indirect tax laws

Part 1--Amendments commencing on 1 July 2012

Division 1--Main amendments

Taxation Administration Act 1953

1 Before Part 4-15 in Schedule 1

Insert:

Part 4-1--Returns and assessments

Division 155--Assessments

Table of Subdivisions

Guide to Division 155

155-A Making

assessments

155-B Amending

assessments

155-C Validity and review of assessments

155-D Miscellaneous

Guide to Division 155

155-1 What this Division is about

This Division contains rules relating to assessments.

The rules in this Division deal with the following:

(a)

how assessments are made or amended and their

effect;

(b)

review of assessments.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 5

Subdivision 155-A--Making assessments

Table of sections

155-5

Commissioner may make assessment

155-10

Commissioner must give notice of assessment

155-15 Self-assessment

155-20

Assessment of indirect tax on importations and customs dealing

155-25 Special

assessment

155-30

Delays in making assessments

155-5 Commissioner may make assessment

(1) The Commissioner may at any time make an assessment of an

assessable amount (including an assessment that the amount is

nil).

Note 1:

For amendment of assessments, see Subdivision 155-B.

Note 2:

An assessment can be reviewed: see Subdivision 155-C.

(2) Each of the following is an assessable amount:

(a)

net amount;

(b)

net fuel amount;

indirect tax not included in an amount covered

by another paragraph of this subsection;

(d) a credit under an

indirect tax law not included in an amount

covered by another paragraph of this subsection.

155-10 Commissioner must give notice of assessment

(1) The Commissioner must give you notice of an assessment of an

assessable amount of yours as soon as practicable after the

assessment is made.

Note:

This section also applies to an amended assessment: see

section 155-80.

(2) The Commissioner may give you the notice electronically if you

are required to lodge, or have lodged, the return (if any) that relates

to the

assessable amount electronically.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

6 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

155-15 Self-assessment

(1) The Commissioner is treated as having made an assessment under

section 155-5 of an

assessable amount mentioned in an item of the

following table, if the document mentioned in the item is given to

the recipient mentioned in the item:

Self-assessed amounts

Item Column

Assessable amount

Column 2

Recipient

Column 3

Document

your

net amount for a

tax

period

the Commissioner

your

GST return for

the tax period

your

net fuel amount for a

tax period

the Commissioner

your

fuel tax return

for the tax period

the

GST payable by you on

taxable importation

Customs return

given

under

paragraph 69(5)(c) or

70(7)(a) of the Customs

Act 1901 in relation to

the importation

(2) The assessment is treated as having been made on the day the

document is given to the recipient mentioned in column 2.

(3) The amount assessed is:

(a) if the document is required to state the

assessable amount--

the amount (including a nil amount) stated; or

(b) otherwise--the amount (including a nil amount) worked out

in accordance with the information stated in the document.

(4) The document is treated as being a notice of the assessment:

(a) signed by the Commissioner; and

(b) given to you under section 155-10 on the day the document is

given to the recipient.

(5) This section does not apply to an

assessable amount if the

Commissioner has already assessed the assessable amount on or

before the day mentioned in paragraph (4)(b).

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 7

155-20 Assessment of indirect tax on importations and customs

dealing

(1) The Commissioner is treated as having made an assessment under

section 155-5 of the

GST,

luxury car tax or

wine tax (whichever

is applicable) payable by you on a

taxable importation,

taxable

importation of a luxury car or

customs dealing, if:

(a) the document mentioned in column 1 of an item of the

following table is communicated to Customs in respect of the

importation or dealing; and

(b) Customs gives the document mentioned in column 2 of the

item to an entity in respect of the importation or dealing.

Customs documents

Item Column

Document communicated to

Customs

Column 2

Document given to an entity

import declaration

import declaration advice

a self-assessed clearance declaration

(within the meaning of the Customs

Act 1901)

self-assessed clearance

declaration advice

(2) The assessment is treated as having been made on the day Customs

gives the document mentioned in paragraph (1)(b) to the entity.

(3) The amount assessed is the amount (including a nil amount)

worked out in accordance with the information stated in the 2

documents.

(4) The 2 documents are treated as together being a notice of the

assessment:

(a) signed by the Commissioner; and

(b) given to you under section 155-10 on the day Customs gives

the document mentioned in paragraph (1)(b) of this section to

the entity.

(5) This section does not apply if the Commissioner has already

assessed the

GST,

luxury car tax or

wine tax on or before the

day mentioned in paragraph (4)(b).

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

8 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

155-25 Special assessment

For the purposes of making, under section 155-5, an assessment of

assessable amount that relates to a period (e.g. a tax period),

the Commissioner may treat part of the period as being the whole

period.

155-30 Delays in making assessments

(1) You may give the Commissioner a written notice requiring the

Commissioner to make an assessment of an

assessable amount of

yours, if, 6 months after the day on which the relevant return (if

any) for the assessable amount is given to the Commissioner, the

Commissioner has not given to you notice of an assessment of the

assessable amount under section 155-10.

(2) You may object, in the manner set out in Part IVC of this Act,

against the Commissioner's failure to make the assessment if the

Commissioner does not make the assessment within 30 days after

the day the notice is given under subsection (1).

Subdivision 155-B--Amending assessments

Table of sections

When Commissioner may amend assessments

155-35

Amendment during period of review

155-40

Amendment during period of review--certain applications taken to be

notices

155-45

Amendment on application

155-50

Amendment to give effect to private ruling

155-55

Amendment to give effect to certain anti-avoidance declarations

155-60

Amendment because of review, objection or fraud

Special rules about amending amended assessments

155-65 Amending

amended

assessments

155-70

Refreshed period of review

General rules

155-75

Refunds of amounts overpaid

155-80

Amended assessments are assessments

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 9

When Commissioner may amend assessments

155-35 Amendment during period of review

Amendment

(1) The Commissioner may amend an assessment of an

assessable

amount within the

period of review for the assessment.

Note 1:

An amendment of an assessment can be reviewed: see

Subdivision 155-C.

Note 2:

This section also applies to amended assessments: see section 155-80.

However, there are limits on how amended assessments can be

amended: see sections 155-65 and 155-70.

Meaning of period of review

(2)

The

period of review, for an assessment of an

assessable amount

of yours, is:

(a)

the

period:

(i) starting on the day on which the Commissioner first

gives notice of the assessment to you under

section 155-10; and

(ii) ending on the last day of the period of 4 years starting

the day after that day; or

(b) if the period of review is extended under subsection (3) or (4)

of this section--the period as so extended.

Extensions

(3) The Federal Court of Australia may order an extension of the

period of review for an assessment of an

assessable amount of

yours for a specified period, if:

(a) the Commissioner has started to examine your affairs in

relation to the assessment; and

(b) the Commissioner has not completed the examination within

the period of review for the assessment; and

Federal Court of Australia for an order extending the period;

and

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

10 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

(d) the Court is satisfied that it was not reasonably practicable, or

it was inappropriate, for the Commissioner to complete the

examination within the period of review, because of:

(i) any action taken by you; or

(ii) any failure by you to take action that it would have been

reasonable for you to take.

(4) You may, by written notice given to the Commissioner, consent to

the extension of the

period of review for an assessment of an

assessable amount of yours for a specified period, if:

(a) the Commissioner has started to examine your affairs in

relation to the assessment; and

(b) the Commissioner has not completed the examination within

the period of review for the assessment; and

to consent to extending the period of review.

(5) An order may be made under subsection (3), or consent given

under subsection (4), in relation to an assessment of an

assessable

amount more than once.

155-40 Amendment during period of review--certain applications

taken to be notices

(1) An application made by you for an amendment of an assessment of

assessable amount of yours is treated as being a notice of the

amended assessment given to you by the Commissioner under

section 155-10, if:

(a) the application is in the

approved form; and

(b) the Commissioner makes the amendment:

(i) to give effect to the decision on the application; and

(ii)

during

the

period of review for the assessment; and

amendment for which you applied, and nothing else.

(2) The notice is treated as having been given to you on whichever of

the following is applicable:

(a) the first day the Commissioner adjusts the balance of an

RBA of yours as a result of the amendment;

(b) the day Customs gives an

import declaration advice, or a

self-assessed clearance declaration advice, to an entity in

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 11

respect of the relevant

taxable importation,

taxable

importation of a luxury car or

customs dealing as a result of

the amendment.

155-45 Amendment on application

The Commissioner may amend an assessment of an

assessable

amount of yours at any time, if you apply for an amendment in the

approved form during the

period of review for the assessment.

The Commissioner may amend the assessment to give effect to his

or her decision on the application.

Note:

The Commissioner must give you notice of the amended assessment

under section 155-10: see section 155-80.

155-50 Amendment to give effect to private ruling

The Commissioner may amend an assessment of an

assessable

amount of yours at any time, if:

(a) you apply for a

private ruling during the

period of review

for the assessment; and

(b) the Commissioner makes a private ruling because of the

application.

The Commissioner may amend the assessment to give effect to the

ruling.

155-55 Amendment to give effect to certain anti-avoidance

declarations

The Commissioner may amend an assessment of an

assessable

amount at any time, if:

(a) the Commissioner makes a declaration under subsection

165-45(3) of the

GST Act (about compensating adjustments

for anti-avoidance declarations); or

(b) the Commissioner makes a declaration under subsection

75-45(3) of the Fuel Tax Act 2006 (about compensating

adjustments for anti-avoidance declarations).

The Commissioner may amend the assessment to give effect to the

declaration.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

12 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

155-60 Amendment because of review, objection or fraud

Despite anything in this Subdivision, the Commissioner may

amend an assessment of an

assessable amount of yours at any

time:

(a) to give effect to a decision on a review or appeal; or

(b) as a result of an objection made by you, or pending a review

or appeal; or

Special rules about amending amended assessments

155-65 Amending amended assessments

The Commissioner cannot amend an amended assessment of an

assessable amount under section 155-35 if the

period of review

for the assessment has ended.

Note:

The Commissioner can amend amended assessments at any time under

sections 155-45 to 155-60.

155-70 Refreshed period of review

(1) This section applies if the Commissioner has made one or more

amendments of an assessment of an

assessable amount of yours

under section 155-35 about a particular.

(2) Despite section 155-65, the Commissioner may amend (the later

amendment) the amended assessment after the end of the

period

of review for the assessment, if:

(a) the Commissioner makes the later amendment before the end

of the period of 4 years starting on the day after the day on

which the Commissioner gave notice of the last of the

amendments mentioned in subsection (1) to you under

section 155-10; and

(b) the later amendment is about the particular mentioned in

subsection (1) of this section; and

assessment under this section about that particular.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 13

General rules

155-75 Refunds of amounts overpaid

(1) This section applies if:

(a) an assessment of an

assessable amount of yours is amended;

and

(b) as a result of the amendment, a

tax-related liability (the

earlier liability) of yours is reduced.

(2) For the purposes of any

taxation law that applies the

general

interest charge, the amount by which the

tax-related liability is

reduced is taken never to have been payable.

Note 1:

The general interest charge is worked out under Part IIA of this Act.

Note 2:

Subsection 8AAB(4) of this Act lists the provisions that apply the

charge.

(3) The Commissioner must apply the amount of any

tax-related

liability overpaid in accordance with Divisions 3 and 3A of

Part IIB of this Act (about running balance accounts and the

application of payments and credits).

(4)

However,

if:

(a) a later amendment of an assessment of an

assessable amount

is made; and

(b) all or some of your earlier liability in relation to a particular

is reinstated;

this section is taken not to have applied to the extent that the earlier

liability is reinstated.

155-80 Amended assessments are assessments

An amended assessment of an

assessable amount is an assessment

for all purposes of any

taxation law.

Note:

The Commissioner must give notice of the amended assessment under

section 155-10. Under section 155-40, an application for an

amendment is treated as being a notice of the amendment in certain

circumstances.

Subdivision 155-C--Validity and review of assessments

Table of sections

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

14 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

155-85

Validity of assessment

155-90

Review of assessments

155-85 Validity of assessment

The validity of any assessment of an

assessable amount is not

affected by non-compliance with the provisions of this Act or of

any other

taxation law.

155-90 Review of assessments

You may object, in the manner set out in Part IVC of this Act,

against an assessment of an

assessable amount of yours if you are

dissatisfied with the assessment.

Subdivision 155-D--Miscellaneous

Table of sections

155-95 Entities

155-95 Entities

This Division applies, in relation to an

assessable amount under a

taxation law, to an entity under that taxation law in the same way

as the Division applies to an entity under the Income Tax

Assessment Act 1997.

2 At the end of Chapter 4 in Schedule 1

Add:

Part 4-90--Evidence

Division 350--Evidence

Table of Subdivisions

Guide to Division 350

350-A Evidence

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 15

Guide to Division 350

350-1 What this Division is about

The rules in this Division deal with the evidentiary effect of

official tax documents for the purposes of certain taxation laws.

Subdivision 350-A--Evidence

Table of sections

350-5 Application

Subdivision

350-10 Evidence

350-15

Judicial notice of signature

350-5 Application of Subdivision

This Subdivision applies in relation to

taxation laws that are

indirect tax laws.

350-10 Evidence

Conclusive evidence

(1) The following table has effect:

Conclusive evidence

Item Column

The production of ...

Column 2

is conclusive evidence that ...

(a) a Gazette containing a notice

purporting to be issued by the

Commissioner for the purposes

of a

taxation law; or

(b) a document that:

(i) is under the hand of the

Commissioner, a

Second

Commissioner, a

Deputy

Commissioner or a

delegate of the

Commissioner; and

(ii) purports to be a copy of,

the notice or document was so

issued.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

16 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Conclusive evidence

Item Column

The production of ...

Column 2

is conclusive evidence that ...

or extract from, a

document issued by the

Commissioner, a Second

Commissioner, a Deputy

Commissioner or a

delegate of the

Commissioner for the

purposes of a taxation

law;

(a) a notice of assessment of an

assessable amount; or

(b) a declaration under:

(i) subsection 165-40(1) or

165-45(3) of the

GST

Act; or

(ii) subsection 75-40(1) or

75-45(3) of the Fuel Tax

Act 2006;

(a) the assessment or declaration was

properly made; and

(b) except in proceedings under

Part IVC of this Act on a review

or appeal relating to the

assessment or declaration--the

amounts and particulars of the

assessment or declaration are

correct.

(2) Paragraph (b) of column 1 of item 2 of the table in subsection (1)

applies to:

(a) a declaration under subsection 165-40(1) or 165-45(3) of the

GST Act that states:

(i) the amount that is (and has been at all times) a

net

amount for a

tax period that started before 1 July 2012;

(ii) the amount that is (and has been at all times) the amount

GST on a

taxable importation, if the GST was

payable before 1 July 2012; or

(b) a declaration under subsection 75-40(1) or 75-45(3) of the

Fuel Tax Act 2006 that states the amount that is (and has

been at all times) a

net fuel amount for a tax period, or

fuel

tax return period, that started before 1 July 2012.

Note:

Division 165 of the GST Act and Division 75 of the Fuel Tax Act

2006 are anti-avoidance provisions.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 17

Prima facie evidence

(3) The production of a certificate that:

(a) is signed by the Commissioner, a

Second Commissioner, a

Deputy Commissioner or a delegate of the Commissioner;

and

(b) states that, from the time specified in the certificate, an

amount was payable under a

taxation law (whether to or by

the Commissioner);

is prima facie evidence that:

(d) the particulars stated in the certificate are correct.

Signed copies are evidence

(4) The production of a document that:

(a) appears to be a copy of, or extract from, any document (the

original document) made or given by or to an entity for the

purposes of a

taxation law; and

(b) is signed by the Commissioner, a

Second Commissioner, a

Deputy Commissioner or a delegate of the Commissioner;

is evidence of the matters set out in the document to the same

extent as the original document would have been evidence of those

matters.

350-15 Judicial notice of signature

All courts, and all persons having by law or consent of parties

authority to hear, receive and examine evidence, must take judicial

notice of the signature of every person who is or has been:

(a) the Commissioner; or

(b)

Second Commissioner; or

(c)

Deputy Commissioner; or

(d) a delegate of the Commissioner;

if the signature is attached or appended to an official document for

the purposes of a

taxation law.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

18 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Division 2--Definitions

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

3 Section 195-1

Insert:

assessed GST, on:

(a)

taxable supply under section 78-50 (settlements of

insurance claim) or 105-5 (supplies by creditors in

satisfaction of debts); or

(b)

taxable importation;

means the GST

assessed on the taxable supply or taxable

importation.

4 Section 195-1

Insert:

assessed net amount, for a

tax period, means the

net amount

assessed for the tax period.

5 Section 195-1

Insert:

assessment has the meaning given by the

ITAA 1997.

A New Tax System (Luxury Car Tax) Act 1999

6 Section 27-1

Insert:

assessed luxury car tax, on a

taxable importation of a luxury car,

means the luxury car tax

assessed on the taxable importation.

7 Section 27-1

Insert:

assessment has the meaning given by the

ITAA 1997.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 19

A New Tax System (Wine Equalisation Tax) Act 1999

8 Section 33-1

Insert:

assessed wine tax, on a

customs dealing, means the wine tax

assessed on the customs dealing.

9 Section 33-1

Insert:

assessment has the meaning given by the

ITAA 1997.

Customs Act 1901

10 Subsection 4(1)

Insert:

assessed GST has the meaning given by the GST Act.

11 Subsection 4(1)

Insert:

assessed luxury car tax has the meaning given by the Luxury Car

Tax Act.

12 Subsection 4(1)

Insert:

assessed wine tax has the meaning given by the Wine Tax Act.

13 Subsection 4(1)

Insert:

taxable dealing has the meaning given by the Wine Tax Act.

14 Subsection 4(1)

Insert:

taxable importation has the meaning given by the GST Act.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

20 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

15 Subsection 4(1)

Insert:

taxable importation of a luxury car has the meaning given by the

Luxury Car Tax Act.

Fuel Tax Act 2006

16 Section 110-5

Insert:

assessed net fuel amount, for a

tax period, or for a

fuel tax return

period, means the

net fuel amount

assessed for the tax period or

fuel tax return period.

17 Section 110-5

Insert:

assessment has the meaning given by the Income Tax Assessment

Act 1997.

Income Tax Assessment Act 1997

18 Subsection 995-1(1)

Insert:

assessable amount has the meaning given by subsection 155-5(2)

in Schedule 1 to the Taxation Administration Act 1953.

19 Subsection 995-1(1)

Insert:

assessed GST has the meaning given by the

GST Act.

20 Subsection 995-1(1)

Insert:

assessed net amount has the meaning given by the

GST Act.

21 Subsection 995-1(1)

Insert:

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 21

assessed net fuel amount has the meaning given by the Fuel Tax

Act 2006.

22 Subsection 995-1(1) (definition of assessment)

Repeal the definition (not including the note), substitute:

assessment:

(a)

assessable amount, means an ascertainment of the

assessable amount; and

(b) in relation to a

tax-related liability not covered by

paragraph (a), has the meaning given by a

taxation law that

provides for the assessment of the amount of the liability.

23 Subsection 995-1(1)

Insert:

customs dealing has the meaning given by the

Wine Tax Act.

24 Subsection 995-1(1)

Insert:

fuel tax return means a return under the Fuel Tax Act 2006.

25 Subsection 995-1(1)

Insert:

import declaration has the meaning given by the Customs Act

1901.

26 Subsection 995-1(1)

Insert:

import declaration advice has the meaning given by the Customs

Act 1901.

27 Subsection 995-1(1)

Insert:

period of review, for an assessment of an

assessable amount, has

the meaning given by section 155-35 in Schedule 1 to the Taxation

Administration Act 1953.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

22 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

28 Subsection 995-1(1)

Insert:

self-assessed clearance declaration advice has the meaning given

by the Customs Act 1901.

Taxation Administration Act 1953

29 Subsection 2(1)

Insert:

objection decision has the meaning given by subsection 14ZY(2).

Division 3--Other amendments

Administrative Decisions (Judicial Review) Act 1977

30 Paragraph (e) of Schedule 1

Before "in Schedule 1 to that Act", insert "or 4-1".

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

31 Section 2-30

Omit "Parts 3-10, 4-15 and 5-5 in Schedule 1 to the Taxation

Administration Act 1953 contain", substitute "Schedule 1 to the

Taxation Administration Act 1953 contains".

32 Section 7-15

Omit "

net amount", substitute "amount

assessed as being the

net

amount".

33 Section 7-15 (before the left-aligned note)

Insert:

Note 1:

For assessment of net amounts, see Division 155 in Schedule 1 to the

Taxation Administration Act 1953.

34 Section 7-15 (left-aligned note)

Omit "Note", substitute "Note 2".

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 23

35 Section 17-1

Repeal the section, substitute:

17-1 What this Division is about

A net amount is worked out for each tax period that applies to you.

Adjustments can be made to the net amount. Increasing

adjustments increase your net amount, and decreasing adjustments

decrease your net amount.

Note:

GST on taxable importations is not included in the net amount. It is

dealt with separately under section 33-15.

36 After section 23-15

Insert:

23-20 Not registered for 4 years

Despite section 23-5, you are treated as not having been

required

to be registered under this Act on a day if your

registration could

not take effect from that day because of subsection 25-10(1A).

Note:

Subsection 25-10(1A) provides that the date of effect of your

registration must not be a day that occurred more than 4 years before

the day of the Commissioner's decision to register you, unless the

Commissioner is of the opinion there has been fraud or evasion.

37 After subsection 25-10(1)

Insert:

(1A) The date of effect must not be a day that occurred more than 4

years before the day of the decision, unless the Commissioner is of

the opinion there has been fraud or evasion.

38 Section 27-1

Omit "(the amounts payable by you or to you)".

39 Section 29-1 (note)

Omit "GST", substitute "assessed GST".

40 Subsection 29-10(4)

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

24 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Omit "states a

net amount that".

41 Subsection 29-10(4) (note)

After "Section 93-5", insert "or 93-15".

42 Subsection 29-15(1)

Omit "GST", substitute "

assessed GST".

43 Subsection 29-15(2)

Omit "GST" (first occurring), substitute "

assessed GST".

44 Subsection 29-70(1B) (note)

Repeal the note.

45 Subsection 31-20(1)

Repeal the subsection, substitute:

(1) You must, if required by the Commissioner, whether before or

after the end of a tax period, give to the Commissioner, within the

time required, a

GST return or a further or fuller GST return for

the tax period or a specified period, whether or not you have given

the Commissioner a GST return for the tax period under

section 31-5.

46 After section 31-25

Insert:

31-30 GST returns treated as being duly made

GST return purporting to be made or signed by or on behalf of

an entity is treated as having been duly made by the entity or with

the entity's authority until the contrary is proved.

47 Section 33-1

Omit "net amounts", substitute "assessed net amounts".

48 Section 33-1 (before note 1)

Insert:

Note 1A: For provisions about assessment (including self-assessment), see

Division 155 in Schedule 1 to the Taxation Administration Act 1953.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 25

49 Section 33-3 (heading)

Repeal the heading, substitute:

33-3 When payments of assessed net amounts must be made--

quarterly tax periods

50 Paragraph 33-3(a)

Omit "

net amount", substitute "

assessed net amount".

51 Section 33-3

Omit "must pay the net amount", substitute "must pay the assessed net

amount".

52 Section 33-3 (table)

Omit "net amount", substitute "assessed net amount".

53 Section 33-5 (heading)

Repeal the heading, substitute:

33-5 When payments of assessed net amounts must be made--other

tax periods

54 Subsection 33-5(1)

Omit "

net amount for", substitute "

assessed net amount for".

55 Subsection 33-5(1)

Omit "net amount to", substitute "assessed net amount to".

56 Subsection 33-5(2)

Omit "

net amount", substitute "

assessed net amount".

57 Section 33-10 (heading)

Repeal the heading, substitute:

33-10 How payment of assessed net amounts are made

58 Subsection 33-10(1)

Omit "any

net amounts", substitute "any

assessed net amounts".

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

26 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

59 Subsection 33-10(1)

Omit "a net amount", substitute "an assessed net amount".

60 Subsection 33-10(2)

Omit "

net amounts", substitute "

assessed net amounts".

61 Section 33-15 (heading)

Repeal the heading, substitute:

33-15 Payments of assessed GST on importations

62 Subsection 33-15(1)

Omit "GST", substitute "

assessed GST".

63 Paragraph 33-15(1)(b) (note)

Omit "net amounts", substitute "assessed net amounts".

64 Subsection 33-15(2)

Omit "GST", substitute "

assessed GST".

65 Section 35-1

Omit "net amounts", substitute "assessed net amounts".

66 Subsection 35-5(1)

Omit "

net amount", substitute "

assessed net amount".

67 Subsection 35-5(2)

Repeal the subsection, substitute:

(2)

However,

if:

(a) the Commissioner amends the

assessment of your

net

amount; and

(b)

your

assessed net amount before the amendment was less

than zero; and

(i)

paid;

(ii) applied under the Taxation Administration Act 1953;

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 27

exceeded the amount (including a nil amount) that would

have been payable or applicable had your assessed net

amount always been the later assessed net amount;

the amount of the excess is to be treated as if:

(d) the excess were an assessed net amount for the tax period;

and

(e) that assessed net amount were an amount greater than zero

and equal to the amount of the excess; and

(f) despite Division 33, that assessed net amount became

payable, and due for payment, by you at the time when the

amount was paid or applied.

Note:

Treating the excess as if it were an assessed net amount has the effect

of applying the collection and recovery rules in Part 3-10 in

Schedule 1 to the Taxation Administration Act 1953, such as a liability

to pay the general interest charge under section 105-80 in that

Schedule.

68 Section 35-10

Repeal the section, substitute:

35-10 When entitlement arises

Your entitlement to be paid an amount under section 35-5 arises

when the Commissioner gives you notice of the

assessment of

your

net amount for the tax period.

Note:

In certain circumstances, the Commissioner is treated as having given

you notice of the assessment when you give to the Commissioner your

GST return (see section 155-15 in Schedule 1 to the Taxation

Administration Act 1953).

69 Section 35-99 (note)

Omit "net amounts", substitute "assessed net amounts".

70 Subsection 51-55(1)

Omit "the

net amount", substitute "the

assessed net amount".

71 Paragraph 51-55(1)(a)

Omit "net amount", substitute "assessed net amount".

72 Section 51-60

Omit "the

net amount", substitute "the

assessed net amount".

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

28 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

73 Section 51-60

Omit "that net amount", substitute "that assessed net amount".

74 Subsection 54-60(1)

Omit "the

net amount", substitute "the

assessed net amount".

75 Paragraph 54-60(1)(a)

Omit "net amount", substitute "assessed net amount".

76 Section 54-65

Omit "the

net amount", substitute "the

assessed net amount".

77 Section 54-65

Omit "that net amount", substitute "that assessed net amount".

78 Subparagraph 60-15(1)(e)(i)

Omit "GST", substitute "

assessed GST".

79 Paragraph 60-30(1)(a)

Omit "GST", substitute "

assessed GST".

80 Subsection 78-90(1)

Repeal the subsection, substitute:

(1) An entity that is not

registered or

required to be registered during

a particular month must pay to the Commissioner:

(a)

amounts

assessed GST on

taxable supplies under

section 78-50 that it makes during that month; and

(b)

assessed amounts of

increasing adjustments that it has that

arise, during that month, in relation to supplies that are

taxable supplies under section 78-50.

(1A) The entity must pay each amount:

(a) on or before the later of:

(i) the 21st day after the end of the month; and

(ii) the day the Commissioner gives notice of the relevant

assessment to the entity under section 155-10 in

Schedule 1 to the Taxation Administration Act 1953;

and

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 29

(b) at the place and in the manner specified by the

Commissioner.

81 Sections 93-1 and 93-5

Repeal the sections, substitute:

93-1 What this Division is about

Your entitlements to input tax credits for creditable acquisitions

cease unless they are included in your assessed net amounts within

a limited period (generally 4 years).

However, this time limit does not apply in certain limited cases.

93-5 Time limit on entitlements to input tax credits

(1) You cease to be entitled to an input tax credit for a

creditable

acquisition to the extent that the input tax credit has not been taken

into account, in an

assessment of a

net amount of yours, during

the period of 4 years after the day on which you were required to

give to the Commissioner a

GST return for the tax period to which

the input tax credit would be attributable under subsection 29-10(1)

or (2).

Note:

Section 93-10 sets out circumstances in which your entitlement to the

input tax credit does not cease under this section.

(2) This section has effect despite section 11-20 (which is about

entitlement to input tax credits).

Note:

You must hold a valid tax invoice relating to a creditable acquisition

to be entitled to have an input tax credit for that acquisition taken into

account in working out your assessed net amount for a tax period: see

subsection 29-10(3).

82 At the end of section 93-10

Add:

Amendment of assessments in relation to supplies

(4) You do not cease under section 93-5 to be entitled to an input tax

credit if:

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

30 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

(a) the input tax credit is for a

creditable acquisition that relates

to making a supply; and

(b) during the period of 4 years mentioned in subsection 93-5(1),

net amount of yours is

assessed on the basis that the

supply is

input taxed; and

the assessment of your net amount for the tax period to which

the supply is attributable under section 155-35, 155-45 or

155-50, or paragraph 155-60(a) or (b), in Schedule 1 to the

Taxation Administration Act 1953 on the basis that the supply

is not input taxed; and

(d) the input tax credit is taken into account in an assessment of a

net amount of yours (the credit assessment):

(i) after the end of that 4-year period; and

(ii) at a time when the Commissioner may amend the

assessment of your net amount for the tax period

mentioned in subsection 93-5(1) of this Act (whether

the credit assessment or another assessment) under

Subdivision 155-B in Schedule 1 to the Taxation

Administration Act 1953 on the basis that you are

entitled to the input tax credit.

Request to treat document as tax invoice

(5)

If:

(a) you requested the Commissioner to treat a document under

subsection 29-70(1B) as a

tax invoice for the purposes of

attributing an input tax credit to a tax period; and

(b) you made the request before the end of the 4-year period

mentioned in subsection 93-5(1) in relation to the tax period;

and

4-year period;

you do not cease under section 93-5 to be entitled to the input tax

credit to the extent that, had the Commissioner agreed to the

request before the end of the 4-year period, you would not cease

under that section to be entitled to the credit.

83 Section 93-15

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 31

Omit "Section 93-10 does not apply", substitute "You are not entitled to

an input tax credit for a

creditable acquisition".

84 Paragraph 93-15(a)

Omit "

creditable acquisition for which you would be entitled to an

input tax credit but for this section", substitute "creditable acquisition".

85 Subsection 105-20(1)

Repeal the subsection, substitute:

(1) If you are not

registered or

required to be registered during a

particular month, you must pay to the Commissioner:

(a)

amounts

assessed GST on

taxable supplies under

section 105-5 that you make during that month; and

(b)

assessed amounts of

increasing adjustments that you have

that arise, during that month, in relation to supplies that are

taxable supplies under section 105-5.

(1A) You must pay each amount:

(a) on or before the later of:

(i) the 21st day after the end of the month; and

(ii) the day the Commissioner gives notice of the relevant

assessment to you under section 155-10 in Schedule 1

to the Taxation Administration Act 1953; and

(b) at the place and in the manner specified by the

Commissioner.

86 Section 114-15

Repeal the section, substitute:

114-15 Payments of amounts of assessed GST where security for

payment of customs duty is forfeited

(1)

If:

(a) a circumstance relating to goods is an importation of the

goods into Australia because of an item of the table in

section 114-5; and

(b) security has been given under the Customs Act 1901 for

payment of

customs duty in respect of the goods; and

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

32 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

any

assessed GST payable on the importation is to be paid when

the security is forfeited.

(2) This section has effect despite section 33-15 (which is about

payments of amounts of assessed GST on importations).

87 Section 114-20

Repeal the section, substitute:

114-20 Payments of amounts of assessed GST where delivery into

home consumption is authorised under section 71 of the

Customs Act

(1)

If:

(a) the delivery of goods into home consumption in accordance

with an authorisation under section 71 of the Customs Act

1901 is an importation into Australia because of item 1, 2, 3

or 4 of the table in section 114-5; and

(b) information was provided under section 71 of that Act in

connection with the granting of the authorisation;

any

assessed GST payable on the importation is to be paid when

the information was provided/on or before the granting of the

authorisation.

(2) This section has effect despite sections 33-15 (which is about

payments of amounts of assessed GST on importations) and

114-15.

88 Section 117-15 (heading)

Repeal the heading, substitute:

117-15 Refunds of assessed GST on certain reimportations of live

animals

89 Paragraph 117-15(1)(a)

Omit "GST", substitute "

assessed GST".

90 Subsection 117-15(1)

Omit "GST payable", substitute "assessed GST payable".

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 33

91 Subsection 133-5(1) (note)

After "Section 93-5", insert "or 93-15".

92 Subsection 138-5(2) (paragraph (c) of the definition of

applicable value)

Omit "GST", substitute "

assessed GST".

93 Subsection 139-5(2) (paragraph (c) of the definition of

applicable value)

Omit "GST", substitute "

assessed GST".

94 Section 151-50 (heading)

Repeal the heading, substitute:

151-50 When payments of assessed net amounts for annual tax

periods must be made

95 Subsection 151-50(1)

Omit "

net amount for", substitute "

assessed net amount for".

96 Subsection 151-50(1)

Omit "net amount to", substitute "assessed net amount to".

97 Subsection 151-50(2)

Omit "net amounts", substitute "assessed net amounts".

98 Subsection 151-60(2)

Omit "

net amount for", substitute "

assessed net amount for".

99 Subsection 151-60(2)

Omit "net amount to", substitute "assessed net amount to".

100 Subsection 151-60(3)

Omit "net amounts", substitute "assessed net amounts".

101 Subsection 162-5(3)

Omit "

net amounts", substitute "

assessed net amounts".

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

34 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

102 Subsection 162-90(2)

Omit "

net amount for", substitute "

assessed net amount for".

103 Subsection 162-90(2)

Omit "net amount to", substitute "assessed net amount to".

104 Subsection 162-90(3)

Omit "net amounts", substitute "assessed net amounts".

105 Subsection 162-95(3)

Omit "

net amount for", substitute "

assessed net amount for".

106 Subsection 162-95(3)

Omit "net amount to", substitute "assessed net amount to".

107 Subsection 162-95(4)

Omit "net amounts", substitute "assessed net amounts".

108 Section 162-110 (heading)

Repeal the heading, substitute:

162-110 When payments of assessed net amounts must be made--

GST instalment payers

109 Paragraph 162-110(1)(b)

Omit "

net amount", substitute "

assessed net amount".

110 Subsection 162-110(1)

Omit "net amount to", substitute "assessed net amount to".

111 Subsection 162-110(2)

Omit "net amounts", substitute "assessed net amounts".

112 Subsection 162-145(3)

Omit "your

net amounts", substitute "your

assessed net amounts".

113 Paragraph 162-190(b)

Omit "

net amount", substitute "

assessed net amount".

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 35

114 Paragraph 162-200(4)(b)

Omit "

net amount", substitute "

assessed net amount".

115 Section 165-40 (heading)

Repeal the heading, substitute:

165-40 Commissioner may make declaration for purpose of negating

avoider's GST benefits

116 Section 165-40

Before "For the purpose", insert "(1)".

117 Section 165-40 (note)

Repeal the note.

118 At the end of section 165-40

Add:

(2) The Commissioner must take such action as he or she considers

necessary to give effect to a declaration made under this section.

119 Paragraph 165-45(1)(a)

Omit "section 165-40", substitute "subsection 165-40(1)".

120 Subsection 165-45(3) (note)

Repeal the note.

121 Subsection 165-45(5) (note)

Repeal the note.

122 Section 165-50

Repeal the section, substitute:

165-50 Declaration has effect according to its terms

For the purpose of making an

assessment, a statement in a

declaration under this Subdivision has effect according to its terms,

despite the provisions of this Act outside of this Division.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

36 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

123 Section 171-1

Omit "GST", substitute "assessed GST".

124 Subsection 171-5(1)

Omit "GST", substitute "

assessed GST".

125 Subsection 171-5(1) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed

luxury car tax".

126 Subsection 171-5(1A)

Omit "GST", substitute "

assessed GST".

127 Subsection 171-5(1A) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed

luxury car tax".

128 Subsection 171-5(2)

Omit "GST", substitute "assessed GST".

129 Section 195-1 (note at the end of the definition of

creditable acquisition)

After "93-5", insert ", 93-15".

A New Tax System (Luxury Car Tax) Act 1999

130 Subsection 2-10(1)

Omit "luxury car tax on importations", substitute "assessed luxury car

tax on importations".

131 Section 2-25

After "Parts 3-10", insert ", 4-1".

132 Subdivision 13-B (heading)

Repeal the heading, substitute:

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 37

Subdivision 13-B--Paying assessed luxury car tax on taxable

importations of luxury cars

133 Section 13-20 (heading)

Repeal the heading, substitute:

13-20 Paying assessed luxury car tax on taxable importations of

luxury cars

134 Subsection 13-20(1)

Omit "Luxury car tax", substitute "

Assessed luxury car tax".

135 Paragraph 13-20(1)(b) (note 1)

Omit "net amounts", substitute "assessed net amounts".

136 Paragraph 13-20(1)(b) (after note 1)

Insert:

Note 1A: For provisions about assessment of luxury car tax on taxable

importations of luxury cars, see Division 155 in Schedule 1 to the

Taxation Administration Act 1953.

137 Paragraph 13-20(1)(b) (note 2)

Omit "luxury car tax", substitute "assessed luxury car tax".

138 Subsection 13-20(2)

Omit "luxury car tax", substitute "

assessed luxury car tax".

139 Subsection 13-25(1)

Omit "luxury car tax", substitute "

assessed luxury car tax".

140 Subsection 13-25(1) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed

luxury car tax".

141 Subsection 13-25(1A)

Omit "luxury car tax", substitute "

assessed luxury car tax".

142 Subsection 13-25(1A) (note)

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

38 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Omit "GST and luxury car tax", substitute "assessed GST and assessed

luxury car tax".

A New Tax System (Wine Equalisation Tax) Act 1999

143 Section 2-20

Omit "wine tax" (last occurring), substitute "assessed wine tax".

144 Section 2-33

After "Parts 3-10", insert ", 4-1".

145 Subsection 19-25(5)

Omit "Part 3-10", substitute "Parts 3-10 and 4-1".

146 Section 23-1

Omit "GST", substitute "assessed GST".

147 Subsection 23-5(1)

Omit "wine tax", substitute "

assessed wine tax".

148 Paragraph 23-5(1)(b) (note 1)

Omit "net amounts", substitute "assessed net amounts".

149 Paragraph 23-5(1)(b) (after note 1)

Insert:

Note 1A: For provisions about assessment of wine tax on customs dealings, see

Division 155 in Schedule 1 to the Taxation Administration Act 1953.

150 Paragraph 23-5(1)(b) (note 2)

Omit "wine tax", substitute "assessed wine tax".

151 Subsection 23-5(2)

Omit "wine tax", substitute "

assessed wine tax".

Customs Act 1901

152 Subparagraph 71AAAL(3)(a)(i)

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 39

Omit "GST payable on the taxable importation (as defined in the GST

Act)", substitute "assessed GST payable on the taxable importation".

153 Subparagraph 71AAAL(3)(a)(ii)

Omit "(as defined in the Luxury Car Tax Act) is associated with the

import of the goods--the luxury car tax", substitute "is associated with

the import of the goods--the assessed luxury car tax".

154 Subparagraph 71AAAL(3)(a)(iii)

Omit "(as defined in the Wine Tax Act) is associated with the import of

the goods--the wine tax", substitute "is associated with the import of

the goods--the assessed wine tax".

155 Paragraph 71AAAL(3)(b)

Omit "unpaid GST, luxury car tax or wine tax", substitute "unpaid

assessed GST, assessed luxury car tax or assessed wine tax".

156 Paragraph 71C(4)(b)

Omit "GST, luxury car tax, wine tax", substitute "assessed GST,

assessed luxury car tax, assessed wine tax".

157 Subparagraph 71C(7)(a)(i)

Omit "GST payable on the taxable importation (as defined in the GST

Act)", substitute "assessed GST payable on the taxable importation".

158 Subparagraph 71C(7)(a)(ii)

Omit "(as defined in the Luxury Car Tax Act) is associated with the

import of the goods--the luxury car tax", substitute "is associated with

the import of the goods--the assessed luxury car tax".

159 Subparagraph 71C(7)(a)(iii)

Omit "(as defined in the Wine Tax Act) is associated with the import of

the goods--the wine tax", substitute "is associated with the import of

the goods--the assessed wine tax".

160 Paragraph 71AAAL(7)(b)

Omit "unpaid GST, luxury car tax or wine tax", substitute "unpaid

assessed GST, assessed luxury car tax or assessed wine tax".

161 Subsection 105D(3) (note)

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

40 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Omit "of GST", substitute "of assessed GST".

162 Paragraph 162(1)(b)

Omit "GST payable on the taxable importation (as defined in the GST

Act)", substitute "assessed GST payable on the taxable importation".

163 Paragraph 162(1)(c)

Omit "(as defined in the Luxury Car Tax Act) is associated with the

import of those goods--the luxury car tax", substitute "is associated

with the import of those goods--the assessed luxury car tax".

164 Paragraph 162A(2)(b)

Omit "GST that may become payable on the taxable importation (as

defined in the GST Act)", substitute "assessed GST that may become

payable on the taxable importation".

165 Paragraph 162A(2)(c)

Omit "(as defined in the Luxury Car Tax Act) is associated with the

import of the goods--the luxury car tax", substitute "is associated with

the import of the goods--the assessed luxury car tax".

Fuel Tax Act 2006

166 Section 44-1

Omit "net fuel amount determines", substitute "assessed net fuel

amount determines".

167 Section 47-1

Repeal the section, substitute:

47-1 What this Division is about

Your entitlements to fuel tax credits cease unless they are included

in your assessed net fuel amounts within a limited period

(generally 4 years).

However, this time limit does not apply in certain limited cases.

168 Section 47-5

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 41

Repeal the section, substitute:

47-5 Time limit on entitlements to fuel tax credits

(1) You cease to be entitled to a fuel tax credit to the extent that it has

not been taken into account, in an

assessment of a

net fuel

amount of yours, during the period of 4 years after the day on

which you were required to give to the Commissioner a return for

the tax period or fuel tax return period to which the fuel tax credit

would be attributable under subsection 65-5(1), (2) or (3).

(2) Without limiting subsection (1), you also cease to be entitled to a

fuel tax credit for taxable fuel you acquire, manufacture or import,

to the extent that you did not give to the Commissioner under

section 61-15 during the period of 4 years after the day on which

the acquisition, manufacture or importation occurred a return that

takes the fuel tax credit into account.

Note:

Section 47-10 sets out circumstances in which your entitlement to the

fuel tax credit does not cease under this section.

169 At the end of section 47-10

Add:

Request to treat document as tax invoice

(4)

If:

(a) you requested the Commissioner to treat a document under

subsection 29-70(1B) of the

GST Act as a tax invoice

(within the meaning of that Act) for the purposes of

attributing an

input tax credit for fuel to a

tax period; and

(b) you made the request before the end of the 4-year period

mentioned in subsection 47-5(1) of this Act in relation to the

tax period; and

4-year period;

you do not cease under subsection 47-5(1) to be entitled to a fuel

tax credit for the fuel to the extent that, had the Commissioner

agreed to the request before the end of the 4-year period, you

would not cease under that subsection to be entitled to the credit.

170 Section 60-1

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

42 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Omit "You work out your net fuel amount", substitute "Your net fuel

amount is worked out".

171 Section 61-1

Omit:

If your return includes a positive net fuel amount, you must pay the

Commissioner that amount. If your return includes a negative net

fuel amount, the Commissioner must pay you that amount.

substitute:

If the Commissioner assesses you as having a positive net fuel

amount, you must pay the Commissioner that amount. If the

Commissioner assesses you as having a negative net fuel amount,

the Commissioner must pay you that amount.

172 At the end of section 61-1

Add:

Note:

For the assessment of the net fuel amount (including self-assessment),

see Division 155 in Schedule 1 to the Taxation Administration Act

1953.

173 Sections 61-5 and 61-10

Repeal the sections, substitute:

61-5 Entitlement to a refund

(1)

your

assessed net fuel amount for a

tax period or

fuel tax

return period is less than zero, the Commissioner must, on behalf

of the Commonwealth, pay that

amount (expressed as a positive

amount) to you.

Note 1:

See Division 3A of Part IIB of the Taxation Administration Act 1953

for the rules about how the Commissioner must pay you. Division 3 of

Part IIB of that Act allows the Commissioner to apply the amount

owing as a credit against tax debts that you owe to the

Commonwealth.

Note 2:

Interest is payable under the Taxation (Interest on Overpayments and

Early Payments) Act 1983 if the Commissioner is late in paying the

amount.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 43

(2)

However,

if:

(a) the Commissioner amends the

assessment of your

net fuel

amount for a

tax period or

fuel tax return period; and

(b)

your

assessed net fuel amount before the amendment was

less than zero; and

(c)

the

amount that, because of the assessment, was:

(i)

paid;

(ii) applied under the Taxation Administration Act 1953;

exceeded the amount (including a nil amount) that would

have been payable or applicable had your assessed net fuel

amount always been the later assessed net fuel amount;

you must pay the excess to the Commissioner as if:

(d) the excess were an assessed net fuel amount for that period;

and

(e) that assessed net fuel amount were an amount greater than

zero and equal to the amount of the excess; and

(f) despite section 61-10, that assessed net fuel amount became

payable, and due for payment, by you at the time when the

amount was paid or applied.

Note:

Treating the excess as if it were an assessed net fuel amount has the

effect of applying the collection and recovery rules in Part 3-10 in

Schedule 1 to the Taxation Administration Act 1953, such as a liability

to pay the general interest charge under section 105-80 in that

Schedule.

61-7 When entitlement arises

Your entitlement to be paid an

amount under section 61-5 arises

when the Commissioner gives you notice of the

assessment of

your

net fuel amount for the

tax period or

fuel tax return period.

Note:

In certain circumstances, the Commissioner is treated as having given

you notice of the assessment when you give to the Commissioner your

return (see section 155-15 in Schedule 1 to the Taxation

Administration Act 1953).

61-10 Requirement to pay an assessed net fuel amount

You must pay your

assessed net fuel amount for a

tax period to

the Commissioner by the day on which you are required under

section 46-5 or 61-15 to give to the Commissioner your return for

the tax period, if your assessed net fuel amount is greater than zero.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

44 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

174 After subsection 61-15(2)

Insert:

(2A) You must, if required by the Commissioner, whether before or

after the end of a

tax period or

fuel tax return period, give to the

Commissioner, within the time required, a return or a further or

fuller return for the tax period or fuel tax return period or a

specified period, whether or not you have given the Commissioner

a return for the tax period or fuel tax return period under

subsection (1) or (2).

175 After section 61-15

Insert:

61-17 Returns treated as being duly made

A return purporting to be made or signed by or on behalf of an

entity is treated as having been duly made by the entity or with the

entity's authority until the contrary is proved.

176 Subsection 65-5(4)

Omit "states a

net fuel amount that".

177 Paragraph 70-30(b)

After "

net fuel amount", insert ",

assessed net fuel amount".

178 Paragraph 70-30(d)

After "

net amount", insert ", assessed net amount".

179 Section 75-1

Omit "net fuel amounts", substitute "assessed net fuel amounts".

180 Section 75-40 (heading)

Repeal the heading, substitute:

75-40 Commissioner may make declaration for purpose of negating

avoider's fuel tax benefits

181 Subsection 75-40(1) (note)

Repeal the note.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 45

182 At the end of section 75-40

Insert:

(3) The Commissioner must take such action as he or she considers

necessary to give effect to a declaration made under this section.

183 Paragraph 75-45(1)(a)

Omit "section 75-40", substitute "subsection 75-40(1)".

184 Subsections 75-45(3) and (5) (note)

Repeal the note.

185 Section 75-50

Repeal the section, substitute:

75-50 Declaration has effect according to its terms

For the purpose of making an

assessment, a statement in a

declaration under this Subdivision has effect according to its terms,

despite the provisions of this Act outside of this Division.

Income Tax Assessment Act 1997

186 Subsection 27-15(3)

Omit "the payment of

GST", substitute "the payment of

assessed

GST".

187 Subsection 27-15(3)

Omit "that payment of GST", substitute "that payment of assessed

GST".

Product Grants and Benefits Administration Act 2000

188 Subsection 15(2A)

Omit "that includes a net fuel amount".

189 Subsection 15(4) (definition of net fuel amount)

Repeal the definition.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

46 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Taxation Administration Act 1953

190 Subsection 8AAZLG(2)

After "makes", insert "or amends".

191 Subsection 8AAZMA(1)

Omit "a net amount", substitute "an assessed net amount".

192 Section 14ZQ (definition of objection decision)

Repeal the definition.

193 After paragraph 14ZW(1)(be)

Insert:

(bf) if the taxation objection is made under subsection 155-30(2)

in Schedule 1 to this Act--60 days after the end of the period

of 30 days mentioned in that subsection; or

(bg) if the taxation objection is made under Subdivision 155-C in

Schedule 1 to this Act--the period mentioned in paragraph

155-35(2)(a) in that Schedule in relation to the assessment

concerned; or

194 Before subsection 14ZW(1A)

Insert:

(1AAC) The person cannot lodge a taxation objection against a private

indirect tax ruling (to which subsection (1AAB) does not apply)

after the end of whichever of the following ends last:

(a) 60 days after the ruling was made;

(b) the period mentioned in paragraph 155-35(2)(a) in

Schedule 1 in relation to the assessment of the assessable

amount to which the ruling relates.

195 Paragraph 14ZW(1B)(b)

Omit "or (bb)", substitute ", (bb), (bf) or (bg)".

196 Subsection 14ZY(2)

Repeal the subsection, substitute:

(1B) If the taxation objection is an objection under subsection 155-30(2)

in Schedule 1 against the Commissioner's failure to make an

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 47

assessment of an assessable amount, the Commissioner must

decide to make an assessment of the assessable amount.

(2) A decision of the Commissioner mentioned in subsection (1), (1A)

or (1B) is an objection decision.

197 Subsection 14ZYA(1)

After "subsection", insert "155-30(2) or".

198 Subsection 14ZYB(1)

Omit "subsection 359-50(3) in Schedule 1 against the Commissioner's

failure to make a private ruling", substitute "subsection 155-30(2) or

359-50(3) in Schedule 1".

199 At the end of subsection 14ZYB(1)

Add:

Note 1:

Subsection 155-30(2) provides for objections against the

Commissioner's failure to make an assessment of an assessable

amount.

Note 2:

Subsection 359-50(3) provides for objections against the

Commissioner's failure to make a private ruling.

200 Section 105-1 in Schedule 1

Omit:

Note:

Administration rules relevant to particular indirect tax

laws are in Divisions 110, 111 and 112.

substitute:

Note 1:

Administration rules relevant to particular indirect tax

laws are in Divisions 110, 111 and 112.

Note 2:

For assessment of assessable amounts under indirect tax

laws, see Division 155.

201 Section 105-1 in Schedule 1

Omit:

(g)

the evidentiary effect of official indirect tax

documents;

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

48 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

202 Subparagraph 105-65(2)(a)(i) in Schedule 1

Omit "

net amount", substitute "

assessed net amount".

203 Subparagraph 105-65(2)(a)(ii) in Schedule 1

Omit "net amount", substitute "assessed net amount".

204 Subparagraph 105-65(2)(b)(i) in Schedule 1

Omit "net amount", substitute "assessed net amount".

205 Subparagraph 105-65(2)(b)(ii) in Schedule 1

Omit "net amount", substitute "assessed net amount".

206 Paragraphs 105-80(2)(a) and (b) in Schedule 1

Repeal the paragraphs, substitute:

(a)

assessed net fuel amount;

(b) an assessed amount of

indirect tax (including an

assessed

net amount).

207 Subdivision 105-E in Schedule 1

Repeal the Subdivision.

208 Subsection 110-50(1) in Schedule 1 (note)

Repeal the note.

209 Subsection 110-50(2) in Schedule 1 (cell at table item 61,

column headed "Provision of GST Act under which

decision is made")

Repeal the cell, substitute:

subsection 165-40(1)

210 Subsection 111-50(1) in Schedule 1 (note)

Repeal the note.

211 Subsection 112-50(1) in Schedule 1 (note)

Repeal the note.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 49

212 Subsection 112-50(2) in Schedule 1 (cell at table item 1,

column headed "Provision of the Fuel Tax Act 2006

under which decision is made")

Repeal the cell, substitute:

subsection 75-40(1)

213 Chapter 4 in Schedule 1 (heading)

Repeal the heading, substitute:

Chapter 4--Generic assessment, collection

and recovery rules

214 Subsection 250-10(2) in Schedule 1 (table item 5)

Repeal the item, substitute:

5 assessed

net

amount,

including amounts in

respect of luxury car

tax and wine

equalisation tax

33-3, 33-5,

35-5(2)

A New Tax System (Goods and

Services Tax) Act 1999

215 Subsection 250-10(2) in Schedule 1 (table item 10,

column headed "Topic")

Omit "GST", substitute "assessed GST".

216 Subsection 250-10(2) in Schedule 1 (table items 12, 12A

and 12B)

Repeal the items, substitute:

12A assessed

GST

supplies made in

settlement of claims

under insurance

policies

78-90

A New Tax System (Goods and

Services Tax) Act 1999

12B assessed

GST

supplies made in

satisfaction of debts

105-20

A New Tax System (Goods and

Services Tax) Act 1999

217 Subsection 250-10(2) in Schedule 1 (table item 15,

column headed "Topic")

Omit "luxury car tax", substitute "assessed luxury car tax".

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

50 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

218 Subsection 250-10(2) in Schedule 1 (table item 20,

column headed "Topic")

Omit "wine tax", substitute "assessed wine tax".

219 Subsection 250-10(2) in Schedule 1 (table item 36,

column headed "Topic")

Omit "net fuel amount", substitute "assessed net fuel amount".

220 Subsection 250-10(2) in Schedule 1 (table item 36,

column headed "Provision")

Omit "61-5(3),", substitute "61-5(2)".

221 Paragraph 288-20(a) in Schedule 1

Omit "a

net amount", substitute "an

assessed net amount".

222 Paragraphs 357-55(i) and (j) in Schedule 1

Repeal the paragraphs, substitute:

(i)

net fuel amount, or the administration of a net fuel amount;

(ia)

assessed net fuel amount, or the collection or payment of

an assessed net fuel amount;

(j)

net amount, or the administration of a net amount;

(ja)

assessed net amount, or the collection or payment of an

assessed net amount;

223 Paragraph 382-5(1)(b) in Schedule 1

Repeal the paragraph, substitute:

(b) retain those records for the longest of:

(i) 5 years after the completion of the transactions or acts to

which they relate; and

(ii)

the

period of review for any assessment of an

assessable amount to which those records, transactions

or acts relate; and

(iii) if such an assessment has been amended under

Subdivision 155-B--the period of 4 years mentioned in

paragraph 155-70(2)(a) (which provides for a refreshed

period of review) that applies to the latest such

amendment.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 51

Division 4--Transitional amendments

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

224 At the end of subsection 93-10(1)

Add:

Note 3:

Sections 105-50 and 105-55 in Schedule 1 to the Taxation

Administration Act 1953 only apply in relation to tax periods starting

before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

225 At the end of subsection 93-10(2)

Add:

Note 3:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953

only applies in relation to tax periods starting before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

226 At the end of subsection 93-10(3)

Add:

Note 3:

Section 105-55 in Schedule 1 to the Taxation Administration Act 1953

only applies in relation to tax periods starting before 1 July 2012.

Note 4:

This subsection will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

Fuel Tax Act 2006

227 Subsection 47-10(1) (note)

Repeal the note, substitute:

Note 1:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953

deals with the time limit within which the Commissioner can recover

indirect tax amounts, and section 105-55 in Schedule 1 to that Act

deals with the time limit within which you can claim amounts relating

to indirect tax.

Note 2:

Sections 105-50 and 105-55 in Schedule 1 to the Taxation

Administration Act 1953 only apply in relation to tax periods and fuel

tax return periods starting before 1 July 2012.

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

52 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Note 3:

This subsection will be repealed on 1 January 2017 (see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012).

228 Subsection 47-10(2) (note)

Repeal the note, substitute:

Note 1:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953

deals with the time limit within which the Commissioner can recover

indirect tax amounts.

Note 2:

Section 105-50 in Schedule 1 to the Taxation Administration Act 1953

only applies in relation to tax periods and fuel tax return periods

starting before 1 July 2012.

Note 3:

This subsection will be repealed on 1 January 2017 (see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012).

229 Subsection 47-10(3) (note)

After "Note", insert "1".

230 At the end of subsection 47-10(3)

Add:

Note 2:

Section 105-55 in Schedule 1 to the Taxation Administration Act 1953

only applies in relation to tax periods and fuel tax return periods

starting before 1 July 2012.

Note 3:

This subsection will be repealed on 1 January 2017 (see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012).

Taxation Administration Act 1953

231 At the end of subsection 14ZW(1AAA)

Add:

Note 1:

Section 105-40 in Schedule 1 to the Taxation Administration Act 1953

only applies in relation to tax periods and fuel tax return periods

starting before 1 July 2012.

Note 2:

This subsection will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

232 After subsection 14ZW(1AAB)

Insert:

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 53

(1AABA) Subsection (1AAB) applies in relation to:

(a) a tax period starting before 1 July 2012; or

(b) a payments or refund that:

(i) does not relate to any tax period; and

(ii) relates to a liability or entitlement that arose before

1 July 2012.

Note:

Subsection (1AAB) and this subsection will be repealed on 1 January

2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment

(Assessment) Act 2012.

233 Before section 105-5 in Schedule 1

Insert:

105-3 Application of Subdivision

This Subdivision applies to:

(a)

tax periods, and

fuel tax return periods, starting before

1 July 2012; and

(b)

indirect tax payable by you on an importation of goods, if:

(i) the indirect tax does not relate to any tax periods; and

(ii) the liability to pay the indirect tax arose before 1 July

2012.

Note:

This Subdivision will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

234 At the end of section 105-40 in Schedule 1

Add:

Note:

This Subdivision will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

235 At the end of section 105-50 in Schedule 1

Add:

Sunsetting provision

(4) This section applies in relation to payments and refunds that:

(a)

relate

tax periods, and

fuel tax return periods, that start

before 1 July 2012; or

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

54 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

(b) do not relate to any tax periods or fuel tax return periods, but

relate to liabilities or entitlements that arose before 1 July

2012.

Note:

This section will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

236 At the end of section 105-55 in Schedule 1

Add:

Sunsetting provision

(6) This section applies in relation to payments and refunds that:

(a)

relate

tax periods, and

fuel tax return periods, that start

before 1 July 2012; or

(b) do not relate to any tax periods, or fuel tax return periods, but

relate to liabilities or entitlements that arose before 1 July

2012.

Note:

This section will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

237 Subsection 110-50(2) in Schedule 1 (cell at table item 61,

column headed "Decision")

Repeal the cell, substitute:

making a declaration that states:

(a) the amount that is (and has been at all times) a

net amount for a

tax period that ended before

1 July 2012; or

(b) the amount that is (and has been at all times)

the amount of

GST on a

taxable importation,

if the GST was payable before 1 July 2012

238 Subsection 112-50(2) in Schedule 1 (cell at table item 1,

column headed "Decision")

Repeal the item, substitute:

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 July 2012 Part 1

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 55

making a declaration that states the amount that is

(and has been at all times) the

net fuel amount for a

tax period, or

fuel tax return period, that ended

before 1 July 2012

Division 5--Application of amendments and savings

provision

239 Application of amendments

(1)

The amendments made by Divisions 1, 2 and 3 of this Part 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 by Divisions 1, 2 and 3 of this Part 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.

241 Savings provision

(1) A

specification:

(a) made by the Commissioner for the purposes of subsection

78-90(1) of the A New Tax System (Goods and Services Tax)

Act 1999; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made for the

purposes of paragraph 78-90(1A)(b) of that Act as in force after that

commencement.

(2) A

specification:

Schedule 1 Assessment of amounts under indirect tax laws

Part 1 Amendments commencing on 1 July 2012

56 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

(a) made by the Commissioner for the purposes of subsection

105-20(1) of the A New Tax System (Goods and Services

Tax) Act 1999; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made for the

purposes of paragraph 105-20(1A)(b) of that Act as in force after that

commencement.

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 January 2017 Part 2

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 57

Part 2--Amendments commencing on 1 January

2017

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

242 Subsection 17-20(2)

Repeal the subsection, substitute:

(2) The matters must relate to correction of errors that were made in

working out

net amounts for tax periods to which subsection (2A)

applies.

243 Paragraph 17-20(2A)(b)

Omit "if the earlier tax period started on or after 1 July 2012--".

244 Section 93-1

Omit:

However, this time limit does not apply in certain limited cases.

245 Subsections 93-10(1), (2) and (3)

Repeal the subsections.

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

1999

246 Section 15IA

Repeal the section.

Fuel Tax Act 2006

247 Section 47-1

Omit:

However, this time limit does not apply in certain limited cases.

248 Subsections 47-10(1), (2) and (3)

Schedule 1 Assessment of amounts under indirect tax laws

Part 2 Amendments commencing on 1 January 2017

58 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Repeal the subsections.

249 Subsection 47-10(4) (heading)

Repeal the heading.

250 Subsection 47-10(4)

Omit "(4)".

251 Subsection 60-10(2)

Repeal the subsection, substitute:

(2) The matters must relate to correction of errors that were made in

working out

net fuel amounts to which subsection (3) or (4)

applies.

252 Paragraph 60-10(3)(b)

Omit "if the earlier tax period started on or after 1 July 2012--".

253 Paragraph 60-10(4)(b)

Omit "if the earlier fuel tax return period started on or after 1 July

2012--".

Income Tax Assessment Act 1997

254 Subsection 995-1(1) (definition of reviewable indirect tax

decision)

Repeal the definition.

Taxation Administration Act 1953

255 Subsections 14ZW(1AAA), (1AAB) and (1AABA)

Repeal the subsections.

256 Subsection 14ZW(1AAC)

Omit "(to which subsection (1AAB) does not apply)".

257 Section 105-1 in Schedule 1

Omit:

Assessment of amounts under indirect tax laws Schedule 1

Amendments commencing on 1 January 2017 Part 2

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 59

(a)

how assessments are made or amended and their

effect;

(b)

review of assessments;

258 Subdivisions 105-A and 105-B in Schedule 1

Repeal the Subdivisions.

259 Sections 105-50 and 105-55 in Schedule 1

Repeal the sections.

260 Subsection 110-50(2) in Schedule 1 (table item 61)

Repeal the item.

261 Subsection 112-50(2) in Schedule 1 (table item 1)

Repeal the item.

262 Subsection 350-10(1) in Schedule 1 (table item 2)

Repeal the item, substitute:

a notice of assessment of an

assessable amount

(a) the assessment was properly

made; and

(b) except in proceedings under

Part IVC of this Act on a review

or appeal relating to the

assessment--the amounts and

particulars of the assessment are

correct.

263 Subsection 350-10(2) in Schedule 1

Repeal the subsection.

264 Application of amendments

(1)

The amendments made by this Part 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 by this Part also apply in relation to payments

and refunds that:

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

Assessment of amounts under indirect tax laws Schedule 1

Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions)

Act 2012 Part 3

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 61

Part 3--Minerals Resource Rent Tax (Consequential

Amendments and Transitional Provisions)

Act 2012

265 Subsection 2(1) (table item 3, column 2)

Before "Schedule 1", insert "Part 1 of".

266 Subsection 2(1) (table item 3, column 2)

Omit "However, the provision(s) do not commence at all if that Act

does not receive the Royal Assent before 1 July 2012.".

267 Subsection 2(1) (table item 6, column 2)

Before "Schedule 1", insert "Part 1 of".

268 Subsection 2(1) (table item 6, column 2)

Omit "However, the provision(s) do not commence at all if that Act

does not receive the Royal Assent before 1 July 2012.".

269 Part 2 of Schedule 2

Repeal the Part.

270 Effect of repeal

(1)

To avoid doubt, Part 2 of Schedule 2 to the Minerals Resource Rent Tax

(Consequential Amendments and Transitional Provisions) Act 2012 is

taken never to have commenced.

(2)

Anything done under the Administrative Decisions (Judicial Review)

Act 1977 or the Taxation Administration Act 1953 as amended by that

Part (disregarding item 269 of this Schedule and this item) is taken to

have been done under that Act as amended by:

(a) this Act; and

(b) Part 1 of Schedule 2, and Part 2 of Schedule 3, to the

Minerals Resource Rent Tax (Consequential Amendments

and Transitional Provisions) Act 2012.

271 Item 90 of Schedule 3 (note)

Repeal the note.

Schedule 2 Correcting errors in working out amounts under indirect tax laws

62 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Schedule 2--Correcting errors in working out

amounts under indirect tax laws

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

1 Subsection 17-20(2)

Repeal the subsection, substitute:

(2) The matters must relate to correction of errors:

(a) that were made in working out

net amounts to which

subsection (2A) applies; and

(b) that do not relate to amounts:

(i) that have ceased to be payable by you because of

section 105-50 in Schedule 1 to the Taxation

Administration Act 1953; or

(ii) to which, because of section 105-55 in that Schedule,

you are not entitled.

Note:

Paragraph (2)(b) will be repealed on 1 January 2017: see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012.

(2A) This subsection applies to a

net amount for a tax period (the

earlier tax period) if:

(a) the earlier tax period precedes the tax period mentioned in

subsection (1); and

(b) if the earlier tax period started on or after 1 July 2012--the

tax period mentioned in subsection (1) starts during the

period of review for the

assessment of the

net amount.

2 Section 195-1

Insert:

period of review, for an

assessment, has the meaning given by

section 155-35 in Schedule 1 to the Taxation Administration Act

1953.

Fuel Tax Act 2006

3 At the end of Subdivision 60-A

Correcting errors in working out amounts under indirect tax laws Schedule 2

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 63

Add:

60-10 Determinations relating to how to work out net fuel amounts

(1) The Commissioner may make a determination that, in the

circumstances specified in the determination, a

net fuel amount

for a

tax period or a

fuel tax return period may be worked out to

take account of other matters in the way specified in the

determination.

(2) The matters must relate to correction of errors:

(a) that were made in working out

net fuel amounts to which

subsection (3) or (4) applies; and

(b) that do not relate to amounts:

(i) that have ceased to be payable by you because of

section 105-50 in Schedule 1 to the Taxation

Administration Act 1953; or

(ii) to which, because of section 105-55 in that Schedule,

you are not entitled.

Note:

Paragraph (2)(b) will be repealed on 1 January 2017 (see Part 2 of

Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act

2012).

(3) This subsection applies to a

net fuel amount for a

tax period (the

earlier tax period) if:

(a) the earlier tax period precedes the tax period mentioned in

subsection (1); and

(b) if the earlier tax period started on or after 1 July 2012--the

tax period mentioned in subsection (1) starts during the

period of review for the

assessment of the net fuel amount.

(4) This subsection applies to a

net fuel amount for a

fuel tax return

period (the earlier fuel tax return period) if:

(a) the earlier fuel tax return period precedes the fuel tax return

period mentioned in subsection (1); and

(b) if the earlier fuel tax return period started on or after 1 July

2012--the fuel tax return period mentioned in subsection (1)

starts during the

period of review for the

assessment of the

net fuel amount.

(5) If the circumstances mentioned in subsection (1) apply in relation

to a

tax period or a

fuel tax return period applying to you, you

Net amounts Schedule 3

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 65

Schedule 3--Net amounts

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

1 Subsection 17-5(2)

Repeal the subsection, substitute:

(2)

However,

the

net amount for the tax period:

(a) may be increased or decreased if you have any

adjustments

for the tax period; and

(b) may be increased or decreased under Subdivision 21-A of the

Wine Tax Act; and

A New Tax System (Luxury Car Tax) Act 1999.

Note 1:

Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax

increase the net amount, and amounts of wine tax credits reduce the

net amount.

Note 2:

Under Subdivision 13-A of the A New Tax System (Luxury Car Tax)

Act 1999, amounts of luxury car tax increase the net amount, and

luxury car tax adjustments alter the net amount.

2 Subsection 123-15(1)

Omit "net amount", substitute "net amount".

3 Subsection 123-15(1)

Omit "method" (last occurring), substitute "simplified accounting

method".

4 After subsection 123-15(1)

Insert:

(1A)

However,

the

net amount worked out under subsection (1) for the

tax period:

(a) may be increased or decreased under Subdivision 21-A of the

Wine Tax Act; and

(b) may be increased or decreased under Subdivision 13-A of the

A New Tax System (Luxury Car Tax) Act 1999.

Note 1:

Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax

increase the net amount, and amounts of wine tax credits reduce the

net amount.

Schedule 3 Net amounts

66 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Note 2:

Under Subdivision 13-A of the A New Tax System (Luxury Car Tax)

Act 1999, amounts of luxury car tax increase the net amount, and

luxury car tax adjustments alter the net amount.

5 Subsection 126-5(2)

Repeal the subsection (including the note), substitute:

(2)

However,

the

net amount worked out under subsection (1) for the

tax period:

(a) may be increased or decreased if you have any

adjustments

for the tax period; and

(b) may be increased or decreased under Subdivision 21-A of the

Wine Tax Act; and

A New Tax System (Luxury Car Tax) Act 1999.

Note 1:

See Part 2-4 for the basic rules on adjustments.

Note 2:

Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax

increase the net amount, and amounts of wine tax credits reduce the

net amount.

Note 3:

Under Subdivision 13-A of the A New Tax System (Luxury Car Tax)

Act 1999, amounts of luxury car tax increase the net amount, and

luxury car tax adjustments alter the net amount.

6 Paragraph 162-105(a)

After "17-5", insert ", 123-15".

7 Section 195-1 (definition of net amount)

Repeal the definition, substitute:

net amount, for a tax period, has the meaning given by

section 17-5. However:

(a) it has the meaning given by section 162-105 if the tax period

is an

instalment tax period; or

(b) it has the meaning given by section 123-15 if a choice under

Division 123 to apply a

simplified accounting method has

effect during the tax period, and paragraph (a) does not

apply; or

GST on a

gambling supply that is attributable to the tax

period, and paragraphs (a) and (b) do not apply.

Net amounts Schedule 3

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 67

Note:

Subdivision 21-A of the Wine Tax Act and Subdivision 13-A of the A

New Tax System (Luxury Car Tax) Act 1999 can affect the net amount.

A New Tax System (Luxury Car Tax) Act 1999

8 Section 13-5 (heading)

Repeal the heading, substitute:

13-5 Net amounts increased by amounts of luxury car tax

9 Section 13-5

Omit "adding".

A New Tax System (Wine Equalisation Tax) Act 1999

10 Section 21-5 (heading)

Repeal the heading, substitute:

21-5 Net amounts increased by amounts of wine tax

11 Subsection 21-5(1)

Omit "adding".

12 Section 21-15 (heading)

Repeal the heading, substitute:

21-15 Net amounts reduced by amounts of wine tax credits

13 Section 21-15

Omit "subtracting".

Schedule 4 Minor amendments

68 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

Schedule 4--Minor amendments

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

1 Subparagraphs 38-185(3)(f)(ii) and (4)(f)(ii)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

Wine Tax Act".

2 Section 48-1 (note)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

"Wine Tax Act".

3 Section 51-1 (note)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

"Wine Tax Act".

4 Section 149-15 (heading)

Repeal the heading, substitute:

149-15 GST law applies to registered government entities

5 Section 149-15

Omit "this Act", substitute "the

GST law".

6 Subsection 162-5(4)

Repeal the subsection.

Note:

This item repeals a subsection made redundant by the repeal of section 16 of the A New

Tax System (Goods and Services Tax Transition) Act 1999 by the Tax Laws Amendment

(Repeal of Inoperative Provisions) Act 2006.

7 Section 165-1

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

"Wine Tax Act".

8 Paragraph 177-12(4)(c)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

Wine Tax Act".

Minor amendments Schedule 4

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 69

9 Section 195-1 (definition of local entry)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

Wine Tax Act".

10 Section 195-1 (definition of tax period)

Repeal the definition, substitute:

tax period means a tax period applying to you under:

(a) Division 27 (about quarterly and one month tax periods); or

(b) section 48-73 (about GST groups with incapacitated entities);

(d) section 58-35 (about representatives of incapacitated

entities); or

(e) section 151-40 (about annual tax periods); or

(f) section 162-55 (about instalment tax periods).

11 Section 195-1 (definition of wine tax)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

Wine Tax Act".

12 Section 195-1

Insert:

Wine Tax Act means the A New Tax System (Wine Equalisation

Tax) Act 1999.

13 Section 195-1 (definition of wine tax law)

Omit "A New Tax System (Wine Equalisation Tax) Act 1999", substitute

Wine Tax Act".

Fuel Tax Act 2006

14 Subsection 43-10(7)

Omit "amount", substitute "

amount".

15 Paragraphs 47-10(1)(b) and (3)(b)

Omit "tax period", substitute "

tax period, or

fuel tax return period,".

Schedule 4 Minor amendments

70 Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012

16 Application of amendments

The amendments made by item 15 of this Schedule apply, and are taken

to have applied, in relation to acquisitions, manufacturing, importations

and adjustments that are taken into account in:

(a) returns given to the Commissioner under section 61-15 of the

Fuel Tax Act 2006 on or after 1 July 2010; or

(b) amendments of such returns.

Income Tax Assessment Act 1997

17 Subsection 995-1(1)

Insert:

Deputy Commissioner means a Deputy Commissioner of Taxation.

18 Subsection 995-1(1)

Insert:

Second Commissioner means a Second Commissioner of

Taxation.

Taxation Administration Act 1953

19 Subsection 250-10(2) in Schedule 1 (after table item 12)

Insert:

12A

GST on supplies made

in settlement of claims

under insurance

policies

78-90

A New Tax System (Goods and

Services Tax) Act 1999

12B

GST on supplies made

in satisfaction of debts

105-20

A New Tax System (Goods and

Services Tax) Act 1999

20 Subsection 255-5(2) in Schedule 1

Omit "Second Commissioner or a Deputy Commissioner", substitute

Second Commissioner or a

Deputy Commissioner".

21 Paragraph 255-45(1)(b) in Schedule 1

Omit "Second Commissioner or a Deputy Commissioner", substitute

Second Commissioner or a

Deputy Commissioner".

Minor amendments Schedule 4

Indirect Tax Laws Amendment (Assessment) Bill 2012 No. , 2012 71

22 Paragraph 355-30(2)(a) in Schedule 1

Omit "Second Commissioner of Taxation", substitute "

Second

Commissioner".

23 Paragraphs 355-55(1)(c) and 355-70(1)(c) in Schedule 1

Omit "Second Commissioner" (first occurring), substitute "

Second

Commissioner".

24 Paragraph 357-100(b) in Schedule 1

Omit "Second Commissioner or a Deputy Commissioner", substitute

Second Commissioner or a

Deputy Commissioner".

Commonwealth of Australia Bills

INDIRECT TAX LAWS AMENDMENT (ASSESSMENT) BILL 2012