Commonwealth Consolidated Acts Commonwealth Consolidated Acts"adjustment" has the meaning given by section 195 - 1 of the * GST Act.
"amount" includes a nil amount.
"approved form" has the meaning given by section 388 - 50 in Schedule 1 to the Taxation Administration Act 1953 .
"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.
"assessment" has the meaning given by the Income Tax Assessment Act 1997 .
"biodiesel" has the same meaning as it has in the Excise Tariff Act 1921 .
"carrying on" an * enterprise has the meaning given by section 195 - 1 of the * GST Act.
"Commissioner" means the Commissioner of Taxation.
Note: The office of Commissioner of Taxation is created by section 4 of the Taxation Administration Act 1953 .
"creditable acquisition" has the meaning given by section 195 - 1 of the * GST Act.
"creditable importation" has the meaning given by section 195 - 1 of the * GST Act.
"decreasing adjustment" has the meaning given by section 195 - 1 of the * GST Act.
"decreasing fuel tax adjustment" has the meaning given by section 44 - 5.
"effective fuel tax" has the meaning given by sections 43 - 5 and 43 - 7 .
"enterprise" has the meaning given by section 9 - 20 of the * GST Act.
"entity" has the meaning given by section 184 - 1 of the * GST Act.
"Finance Minister" has the meaning given by section 195 - 1 of the * GST Act.
"financial year" has the meaning given by section 195 - 1 of the * GST Act.
"fuel tax" has the meaning given by section 43 - 6.
"fuel tax adjustment" means an * increasing fuel tax adjustment or a * decreasing fuel tax adjustment.
"fuel tax benefit" has the meaning given by section 75 - 10.
"fuel tax credit" means an entitlement arising under section 41 - 5, 41 - 10 or 42 - 5.
"fuel tax disadvantage" has the meaning given by section 75 - 45.
(b) the Fuel Tax (Consequential and Transitional Provisions) Act 2006 ; and
(c) the Taxation Administration Act 1953 , so far as it relates to any Act covered by paragraphs ( a) and (b); and
(d) any other Act, so far as it relates to any Act covered by paragraphs ( a) to (c) (or to so much of that Act as is covered); and
(e) regulations under any Act, so far as they relate to any Act covered by paragraphs ( a) to (d) (or to so much of that Act as is covered).
"fuel tax return period" has the meaning given by section 61 - 20.
"government entity" has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .
"GST Act" means the A New Tax System (Goods and Services Tax) Act 1999 .
"GST branch" has the meaning given by section 54 - 5 of the * GST Act.
"GST group" has the meaning given by section 48 - 5 of the * GST Act.
"GST instalment" has the meaning given by subsection 162 - 70(1) of the * GST Act.
"GST instalment payer" has the meaning given by section 162 - 50 of the * GST Act.
"GST instalment quarter" has the meaning given by subsections 162 - 70(2) and (3) of the * GST Act.
"GST joint venture" has the meaning given by section 51 - 5 of the * GST Act.
"GST law" has the meaning given by section 195 - 1 of the * GST Act.
"GST return" has the meaning given by section 195 - 1 of the * GST Act.
"Guide" has the meaning given by section 105 - 10.
"incapacitated entity" has the meaning given by section 195 - 1 of the * GST Act.
"increasing adjustment" has the meaning given by section 195 - 1 of the * GST Act.
"increasing fuel tax adjustment" has the meaning given by sections 44 - 5 and 44 - 10.
"indirect tax zone" has the meaning given by section 195 - 1 of the * GST Act.
"input tax credit" has the meaning given by section 195 - 1 of the * GST Act.
"input taxed" has the meaning given by section 195 - 1 of the * GST Act.
"joint venture operator" has the meaning given by section 195 - 1 of the * GST Act.
(b) a liquid mixture of propane and butane; or
(c) a liquid mixture of propane and other hydrocarbons that consists mainly of propane; or
(d) a liquid mixture of propane, butane and other hydrocarbons that consists mainly of propane and butane.
"motor vehicle" has the meaning given by section 995 - 1 of the Income Tax Assessment Act 1997 .
"net amount" has the meaning given by section 195 - 1 of the * GST Act.
"net fuel amount" has the meaning given by section 60 - 5.
"participant" has the meaning given by section 195 - 1 of the * GST Act.
"period of review" , for an * assessment, has the meaning given by section 155 - 35 in Schedule 1 to the Taxation Administration Act 1953 .
"primary production business" has the meaning given by subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"registered for" GST has the meaning given to registered by section 195 - 1 of the * GST Act.
"religious practitioner" has the meaning given by section 195 - 1 of the * GST Act.
"required to be" registered for GST has the meaning given to required to be registered by section 195 - 1 of the * GST Act.
"resident agent" has the meaning given by section 195 - 1 of the * GST Act.
"residential premises" has the meaning given by section 195 - 1 of the * GST Act.
"scheme" has the meaning given by subsection 165 - 10(2) of the * GST Act.
"taxable fuel" means fuel in respect of which duty is payable under:
(a) the Excise Act 1901 and the Excise Tariff Act 1921 ; or
(b) the Customs Act 1901 and the Customs Tariff Act 1995 ;
but does not include fuel covered by:
(c) item 15, 20 or 21 of the Schedule to the Excise Tariff Act 1921 ; or
(d) any imported goods that would be classified to item 15 of the Schedule to the Excise Tariff Act 1921 , if the goods had been manufactured in the indirect tax zone .
Note: Item 15 of the Schedule to the Excise Tariff Act 1921 deals with certain petroleum based oils and greases. Item 20 of that Schedule deals with certain stabilised crude petroleum oils. Item 21 of that Schedule deals with certain condensate.
"taxable supply" has the meaning given by section 195 - 1 of the * GST Act.
"tax period" has the meaning given by section 195 - 1 of the * GST Act.
"Transport Department" means the Department administered by the * Transport Minister.
"Transport Minister" means the Minister who administers the Road Vehicle Standards Act 2018 .
"Transport Secretary" means the Secretary of the * Transport Department.
"untaxable Commonwealth entity" has the meaning given by section 177 - 1 of the * GST Act.
"you" : if a provision of this Act uses the expression you , it applies to entities generally, unless its application is expressly limited.
Note: The expression you is not used in provisions that apply only to entities that are not individuals.
Fuel tax credits are provided under Subdivision 41 - A to business taxpayers who are registered, or required to be registered, for GST (and to some non - profit bodies) in 2 situations.
The first situation is where you acquire, manufacture or import fuel to use in carrying on your enterprise (whether the fuel is used as fuel or otherwise).
The second situation is where you acquire, manufacture or import fuel to:
(a) make a taxable supply to a private user for domestic heating; or
(b) package the fuel for the purpose of making a taxable supply of it for use other than in an internal combustion engine; or
(c) make a taxable supply of LPG into certain kinds of tanks.
(a) another person is already entitled to a fuel tax credit in respect of the fuel; or
(b) the fuel is for use on - road in light vehicles; or
(c) the fuel is for use in vehicles that do not meet certain environmental criteria; or
(d) the fuel is for use in aircraft.
The amount of your credit for taxable fuel is the amount of fuel tax that was payable on the fuel, reduced to take account of certain grants and subsidies that were payable in respect of the fuel (as the grants or subsidies reduced the amount of fuel tax that effectively applied to the fuel).
For taxable fuel that is a blend of fuels, there are additional rules for working out the amount of your credit.
In some cases, the credit is reduced so that some of the fuel tax can be retained as a road user charge.
Your entitlement to a fuel tax credit for taxable fuel is worked out on the basis of what the fuel is intended for when you acquire, manufacture or import the fuel.
If you use or supply the fuel differently, or you do not use or supply the fuel at all, you have an increasing or decreasing fuel tax adjustment.
Fuel tax adjustments are included in working out your net fuel amount under Division 60. (Your assessed net fuel amount determines how much you owe the Commissioner or the Commissioner owes you.)
Your net fuel amount reflects how much you or the Commissioner must pay. A positive net fuel amount reflects how much you must pay the Commissioner. A negative net fuel amount reflects how much the Commissioner must pay you.
Your net fuel amount is worked out for each tax period (or fuel tax return period if you are not registered, nor required to be registered, for GST).
You must give the Commissioner a return for each tax period (or fuel tax return period if you are not registered, nor required to be registered, for GST) by a specified time.
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.
Fuel tax credits and fuel tax adjustments are attributed to tax periods (or fuel tax return periods).
Generally, if you are a business taxpayer, your fuel tax credit for taxable fuel is attributed to the same period as your input tax credit for the fuel (to reduce compliance costs). If you are a non - business taxpayer, your fuel tax credit for taxable fuel is attributed to the fuel tax return period in which you acquire, manufacture or import the fuel.
Fuel tax adjustments are attributed to the tax period (or fuel tax return period) in which you become aware of the adjustment.
This Act applies to GST groups, joint ventures, religious practitioners, incapacitated entities, branches, resident agents and non - profit sub - entities in a similar way to the way in which the GST Act applies to those entities.
Government entities that are registered for GST are treated as if they are carrying on an enterprise.
The object of this Division is to deter schemes that give entities benefits by reducing fuel tax, increasing refunds or altering the timing of payment of assessed net fuel amounts .
If the dominant purpose or principal effect of a scheme is to give an entity
such a benefit, the Commissioner may negate the benefit any entity gets from
the scheme by making a declaration stating the entity's net fuel amount
for a particular tax period, despite the scheme.