However, the day specified must be 1 January, 1 April, 1 July
or 1 October.
- Note: Deciding the date of effect of the revocation is a reviewable decision
(see Division 7 of Part VI of the Taxation Administration Act 1953
).
Taxation Administration Act 1953
4 At the end of section 8AAZL (after
the note)
Add:
- (3)
- However, the Commissioner does not have to treat an
amount using either of those methods if doing so would require the
Commissioner to apply the amount against a tax debt:
- (a)
- that is:
- (i)
- not a BAS amount (as defined in subsection 995-1(1) of the Income Tax
Assessment Act 1997 ); and
- (ii)
- due but not yet payable; or
- (b)
- in respect of which the taxpayer has complied with an arrangement under
section 255-15 to pay the debt by instalments; or
- (c)
- in respect of which the Commissioner has agreed to defer recovery under
section 255-5.
5 Subsection 14ZW(1AA) (first occurring)
Repeal the subsection, substitute:
- (1AAA)
- The person must lodge the taxation objection against a decision
mentioned in item 1 of the table in subsection 62(3) of this Act before
the end of whichever of the following ends last:
- (a)
- the 60 days after notice of the decision was served on the person;
- (b)
- the 4 years after the end of the tax period, or after the importation of
goods, to which the decision relates.
6 After subsection 52A(1)
Insert:
- (1A)
- The persons who are so responsible
in respect of the sub-entity are jointly and severally liable to pay any
amount that is payable under the GST law by the sub-entity.
7 Subsection 62(2) (after table item 5)
Insert:
5A
| refusing to cancel
your registration
| section 25-57
|
8
Subsection 62(2) (after table item 8)
Insert:
8A
| refusing to revoke
your election under section 27-10
| subsection 27-22(1)
|
8B
| deciding the
date of effect of a revocation
| subsection 27-22(3)
|
9
Subsection 62(2) (after table item 31)
Insert:
31A
| determining that
the tax periods that apply to a resident agent are each individual month
|
subsection 57-35(1)
|
31B
| deciding the date of effect of a determination
|
subsection 57-35(2)
|
10
Subsection 62(3) (table item 2)
Repeal the item.
11 Subsection 62(3)
(note)
Repeal the note.
12 After paragraph 70(1)(c)
Insert:
- (ca)
- are
entitled to a special credit under the A New Tax System (Goods and Services
Tax Transition) Act 1999 or the A New Tax System (Wine Equalisation Tax and
Luxury Car Tax Transition) Act 1999 ;
13 Paragraph 70(1)(d)
Omit "or dealing", substitute ", dealing or
entitlement".
14 After subsection 70(1)
Insert:
- (1AAA)
- If you make any
election, choice, estimate, determination or calculation under the GST law,
you must:
- (a)
- keep records containing particulars of:
- (i)
- the election, choice, estimate, determination or calculation; and
- (ii)
- in the case of an estimate, determination or calculationthe basis
on which, and the method by which, the estimate, determination or calculation
was made; and
- (b)
- retain those records:
- (i)
- if the GST law specifies circumstances in which the election, choice,
estimate, determination or calculation ceases to have effectfor at least
5 years after the election, choice, estimate, determination or calculation
ceased to have effect; or
- (ii)
- in any other casefor at least 5 years after the election, choice,
estimate, determination or calculation was made.
- (1AAB)
- If you give the Commissioner a GST return that states a net amount that
takes into account an input tax credit that is attributable to a tax period
under subsection 29-10(4) of the GST Act, you must:
- (a)
- keep records that record and explain all transactions and other acts you
engage in that are relevant to the acquisition in question; and
- (b)
- retain those records for at least 5 years after the GST return was given
to the Commissioner.
15 Subsections 70(1AA) and (1AB)
Omit "Subsection (1)", substitute "This
section".
16 Subsection 70(1A)
Omit "If", substitute "Without limiting
subsection (1AAA), if".
17 Subsection 70(1B)
Repeal the subsection.
18
Application
(1) The amendment made by item 2 of this Schedule authorises the
Commissioner to decide, as a date on which the cancellation of a registration
under section 25-57 takes effect, any day occurring on or after 1 July 2000.
(1A) The amendment made by item 4 of this Schedule applies, and is taken
to have applied, to a requirement that would otherwise arise, or have arisen,
under section 8AAZL of the Taxation Administration Act 1953 on or after
1 July 2000.
(2) The amendments made by items 12 to 17 of this
Schedule apply, and are taken to have applied, in relation to net amounts for
tax periods starting on or after 1 July 2000.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback