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

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СКАЧАТЬ as provided in the following table; or

      (b) within such further period as the Commissioner allows.

      When quarterly GST returns must be given

      Item

      If this day falls within the quarterly tax period …

      Give the GST return to the Commissioner on or before this day:

      1

      1 September the following 28 October

      2

      1 December the following 28 February

      3

      1 March the following 28 April

      4

      1 June the following 28 July

      (2) A tax period is a quarterly tax period if:

      (a) it is a period of 3 months; or

      (b) it would be a period of 3 months but for the application of section 27–30 or 27–35.

      Note: Under section 27–30, a tax period can be determined to take account of changes in tax periods. Under section 27–35, the start or finish of a 3 month tax period can vary by up to 7 days from the start or finish of a normal quarter.

      31–10 When GST returns must be given — other tax periods

      (1) You must give your *GST return for a tax period (other than a *quarterly tax period) to the Commissioner:

      (a) on or before the 21st day of the month following the end of that tax period; or

      (b) within such further period as the Commissioner allows.

      (2) However, if the tax period ends during the first 7 days of a month, you must give the *GST return to the Commissioner:

      (a) on or before the 21st day of that month; or

      (b) within such further period as the Commissioner allows.

      31–15 The form and contents of GST returns

      (1) Your *GST return for a tax period must be in the *approved form.

      (2) However, if during the tax period:

      (a) you are not liable for the GST on any *taxable supplies, and you did not make any supplies that would have been taxable supplies had they not been *GST-free or *input taxed; and

      (b) you are not liable for the GST on any *taxable importations the GST on which is payable at the time when GST on taxable supplies is normally payable; and

      (c) you are not entitled to the input tax credits on any *creditable acquisitions or *creditable importations;

      you may give your *GST return for the period to the Commissioner in the manner the Commissioner requires.

      (3) The fact that, in your *GST return for the *tax period, your *net amount for the *tax period is worked out:

      (a) in the way specified in section 17-5; and

      (b) not in the way specified in the *approved form for a GST return;

      does not prevent your GST return for the tax period being treated as being in the approved form.

      31–20 Additional GST returns

      (1) In addition to the *GST returns required under section 31-5, you must give to the Commissioner such further or fuller GST returns as the Commissioner directs you to give (including any GST return in your capacity as agent or trustee).

      (2) The *approved form for a further or fuller *GST return may require information to be provided relating to:

      (a) the tax period to which the return relates; or

      (b) one or more preceding tax periods; or

      (c) both the tax period to which the return relates, and one or more preceding tax periods.

      31–25 Electronic lodgment of GST returns

      (1) You may give your *GST returns to the Commissioner by *lodging them electronically.

      Note: Section 388-75 in Schedule 1 to the Taxation Administration Act 1953 deals with signing returns.

      (2) However, if your *GST turnover meets the *electronic lodgment turnover threshold, you must give your *GST returns to the Commissioner by *lodging them electronically, unless the Commissioner otherwise approves.

      Note 1: A penalty applies if you fail to lodge your GST return electronically as required — see section 288-10 in Schedule 1 to the Taxation Administration Act 1953.

      Note 2: If you lodge your GST return electronically, you must also electronically notify the Commissioner of other BAS amounts — see section 388-80 in that Schedule.

      (3) A *GST return is lodged electronically if it is transmitted to the Commissioner in an electronic format approved by the Commissioner.

      (4) The electronic lodgment turnover threshold is:

      (a) $20 million; or

      (b) such higher amount as the regulations specify.

      31–99 Special rules relating to GST returns

      Chapter 4 contains special rules relating to *GST returns, as follows:

      Checklist of special rules

      Item

      For this case …

      See:

      1A

      Annual tax periods

      Division 151

      1

      GST branches

      Division 54

      2

      GST groups

      Division 48

      3

      GST joint ventures

      Division 51

      4

      Insurance

      Division 78

      4A

      Payment of GST by instalments

      Division 162

      4B

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