A New Tax System (Goods and Services Tax) Act. Australia

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СКАЧАТЬ Deciding the date of effect of the cancellation of your registration is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).

      (2) The *Australian Business Registrar must enter in the *Australian Business Register the date on which the cancellation of your *registration takes effect.

      25–65 Effect of backdating your cancellation of registration

      If the Commissioner decides under section 25–60, as the date of effect of the cancellation of your *registration (your cancellation day), a day before the day of the decision, your registration is taken:

      (a) for the purpose of determining whether a supply you made on or after your cancellation day was a *taxable supply; and

      (b) for the purpose of determining whether an acquisition you made on or after that day was a *creditable acquisition; and

      (c) for the purpose of determining whether an importation you made on or after that date was a *creditable importation;

      to have been cancelled from and including your cancellation day.

      25–99 Special rules relating to cancellation of registration

      Chapter 4 contains special rules relating to cancellation of *registration in particular cases, as follows:

      Checklist of special rules

      Item

      For this case…

      See:

      1A

      Government entities

      Division 149

      1

      GST branches

      Division 54

      1B

      Non-profit sub-entities

      Division 63

      2

      Representatives of incapacitated entities

      Division 58

      3

      Resident agents acting for non-residents

      Division 57

      Part 2–6—Tax periods

      Division 27—How to work out the tax periods that apply to you

      27-1 What this Division is about

      This Division tells you the tax periods that apply to you. You need to know this because your net amounts (the amounts payable by you or to you) are worked out in respect of these tax periods.

      27-5 General rule—3 month tax periods

      The tax periods that apply to you are each period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year, except to the extent that:

      (a) an election is in force under section 27–10; or

      (b) the Commissioner determines otherwise under this Division.

      Note: Several provisions in Chapter 4 provide for different tax periods. In particular, Division 151 provides for annual tax periods.

      27–10 Election of one month tax periods

      (1) The tax periods that apply to you are each individual month if, by notifying the Commissioner in the *approved form, you elect to have as the tax periods that apply to you each individual month.

      (2) The election takes effect on the day specified in the notice. However, the day specified must be 1 January, 1 April, 1 July or 1 October.

      27–15 Determination of one month tax periods

      (1) The Commissioner must determine that the tax periods that apply to you are each individual month if:

      (a) the Commissioner is satisfied that your *GST turnover meets the *tax period turnover threshold; or

      (b) the Commissioner is satisfied that the period for which you will be *carrying on an *enterprise in Australia is less than 3 months; or

      (c) the Commissioner is satisfied that you have a history of failing to comply with your obligations under a *taxation law.

      Note: Determining under this section the tax periods applying to you is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).

      (2) The determination takes effect on the day specified in the determination. However, the day specified must be 1 January, 1 April, 1 July or 1 October.

      Note: Deciding the date of effect of the determination is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).

      (3) The tax period turnover threshold is:

      (a) $20 million; or

      (b) such other amount as the regulations specify.

      However, if the regulations change the tax period turnover threshold, the change does not apply to you until the start of the next tax period that starts after the regulation in question comes into operation.

      27–20 Withdrawing elections of one month tax periods

      (1) You may, by notifying the Commissioner in the *approved form, withdraw an election under section 27–10, unless your *GST turnover meets the *tax period turnover threshold.

      (2) The withdrawal takes effect on the day specified in the notice. However, the day specified:

      (a) must be 1 January, 1 April, 1 July or 1 October, or any day occurring before the election takes effect; and

      (b) must not be a day occurring earlier than 12 months after the election took effect.

      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 *GST turnover meets the *tax period turnover threshold.

      Note: Refusing to revoke your election under this subsection is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to 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) СКАЧАТЬ