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A NEW TAX SYSTEM (COMMONWEALTH-STATE FINANCIAL ARRANGEMENTS) ACT 1999 - SECT 5

GST revenue
(1)
The Commissioner must make a determination for each of the matters covered by subsections (3) and (4) stating:

(a)
the actual amount for the period from 1 July to 31 May in the GST year; and

(b)
the estimated amount for June in the GST year; and

(c)
except for the first GST year—the actual amount for June in the previous GST year.

(2)
The GST revenue for a GST year is the amount determined by the Commissioner as the amount worked out in the following way:

Step 1. Add together all of the actual amounts determined for matters covered by subsection (3) for the period from 1 July to 31 May in the GST year. Step 2. Add together all of the estimates for June in the GST year for matters covered by subsection (3). Step 3. Add the result of Step 1 to the result of Step 2. Step 4. Add together all of the actual amounts determined for matters covered by subsection (4) for the period from 1 July to 31 May in the GST year. Step 5. Add together all of the estimates for June in the GST year for matters covered by subsection (4). Step 6. Add the result of Step 4 to the result of Step 5. Step 7. Subtract the result of Step 6 from the result of Step 3. Step 8. Adjust the result worked out in Step 7 for the GST year by the amount necessary to take account of the difference between the estimates made in relation to June in the previous GST year and the actual amounts determined for that month.

(3)
The matters are:

(a)
the amount of GST that was collected; and

(b)
the amount of payments made to the Commissioner of Taxation where the payment represents an amount of GST that would have been payable if the Constitution did not prevent tax from being imposed on property of any kind belonging to a State and if section 5 of the GST Imposition Acts had not been enacted; and

(c)
the amount of additional amounts of GST that would have been collected if the Commonwealth and Commonwealth entities could be made subject to taxation by a Commonwealth law and if section 177-1 of the GST Act made those entities actually liable rather than notionally liable; and

(d)
the amount, determined in a manner agreed by the Commonwealth and all of the States, that represents amounts of voluntary GST payments that should have, but have not, been paid by local government bodies.

(4)
The matters are:

(a)
the amount paid or applied under Division 35 of the GST Act; and

(b)
the amount paid or applied under section 39 of the Taxation Administration Act 1953 .

(5)
The Commissioner of Taxation must make determinations under this section for a GST year before 15 June in the GST year.

(6)
In this section:

"Commonwealth entity" has the same meaning as in section 177-1 of the GST Act.



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