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TAXATION LAWS AMENDMENT ACT (NO. 8) 2000 NO. 156, 2000 - SCHEDULE 5

- Administration

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

1 After section 25-55

Insert:

25-57 When the Commissioner may cancel your registration

(1)
The Commissioner may cancel your * registration if:

(a)
less than 12 months after being registered, you apply for cancellation of registration in the * approved form; and

(b)
the Commissioner is satisfied that you are not * required to be registered.

Note: Refusing to cancel your registration under this subsection is a reviewable GST decision (see Division 7 of Part VI of the Taxation Administration Act 1953 ).

(2)
In considering your application, the Commissioner may have regard to:

(a)
how long you have been * registered; and

(b)
whether you have previously been registered; and

(c)
any other relevant matters.

(3)
The Commissioner must notify you of any decision he or she makes in relation to you under this section. If the Commissioner decides to cancel your registration, the notice must specify the date of effect of the cancellation.

2 Subsection 25-60(1)

After "or (2)", insert "or section 25-57".

3 After section 27-20

Insert:

27-22 Revoking elections of one month tax periods

(1)
The Commissioner may, if you so request in the * approved form, revoke your election under section 27-10, with effect from a day occurring earlier than 12 months after the election took effect, unless the Commissioner is satisfied that your * annual turnover meets the * tax period turnover threshold.

Note: Refusing to revoke your election under this subsection is a reviewable GST decision (see Division 7 of Part VI of the Taxation Administration Act 1953 ).

(2)
In considering your request, the Commissioner may have regard to:

(a)
for how long the tax periods applying to you have been each individual month; and

(b)
whether you have previously been * registered, and whether such tax periods had applied to you; and

(c)
any other relevant matters.

(3)
The revocation:

(a)
takes effect on the day specified in the instrument of revocation; or

(b)
is taken to have had effect from a past day specified in the instrument of revocation.

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 calculation—the 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 effect—for at least 5 years after the election, choice, estimate, determination or calculation ceased to have effect; or
(ii)
in any other case—for 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.



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