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

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СКАЧАТЬ of incapacitated entities

      Division 58

      5

      Resident agents acting for non-residents

      Division 57

      6

      Supplies in satisfaction of debts

      Division 105

      Division 33—Payments of GST

      33-1 What this Division is about

      This Division is about your obligation to pay to the Commonwealth amounts of GST that remain after off-setting your entitlements to input tax credits. The obligation to pay arises for any of your net amounts that are greater than zero.

      Note 1: For the penalties for failing to comply with these obligations, see the Taxation Administration Act 1953.

      Note 2: For provisions about collection and recovery of GST, see Subdivision 105-C, and Part 4-15, in Schedule 1 to the Taxation Administration Act 1953.

      Note 3: Payments of GST on importations of goods are dealt with separately in section 33–15 of this Act.

      33-3 When payments of net amounts must be made — quarterly tax periods

      If:

      (a) the *net amount for a tax period applying to you is greater than zero; and

      (b) the tax period is a *quarterly tax period;

      you must pay the net amount to the Commissioner as follows:

      When quarterly GST payments must be made

      Item

      If this day falls within the quarterly tax period …

      Pay the net amount 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

      33-5 When payments of net amounts must be made — other tax periods

      (1) If the *net amount for a tax period (other than a *quarterly tax period) applying to you is greater than zero, you must pay the net amount to the Commissioner on or before the 21st day of the month following the end of that tax period.

      (2) However, if the tax period ends during the first 7 days of a month, you must pay the *net amount to the Commissioner on or before the 21st day of that month.

      33–10 How payments of net amounts are made

      (1) You may pay by *electronic payment any *net amounts payable by you. Any amounts of a net amount that you do not pay by electronic payment must be paid in the manner determined in writing by the Commissioner.

      (2) However, if your *GST turnover meets the *electronic lodgment turnover threshold, you mustpay by *electronic payment any *net amounts payable by you.

      Note 1: A penalty applies if you fail to pay electronically as required — see section 288-20 in Schedule 1 to the Taxation Administration Act 1953.

      Note 2: You must also pay other tax debts electronically — see section 8AAZMA in that Act.

      33–15 Payments of amounts of GST on importations

      (1) Amounts of GST on *taxable importations are to be paid by the importer to the Commonwealth:

      (a) at the same time, at the same place, and in the same manner, as *customs duty is payable on the goods in question (or would be payable if the goods were subject to customs duty); or

      (b) in the circumstances specified in the regulations, within such further time specified in the regulations, and at the place and in the manner specified in the regulations.

      Note: The regulations could (for example) allow for deferral of payments to coincide with payments of net amounts.

      (2) An officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901) may refuse to deliver the goods concerned unless the GST has been paid.

      33–99 Special rules relating to payments of GST

      Chapter 4 contains special rules relating to payments of GST, as follows:

      Checklist of special rules

      Item

      For this case …

      See:

      1A

      Annual tax periods

      Division 151

      1

      Anti-avoidance

      Division 165

      2

      Customs security etc. given on taxable importations

      Division 171

      3

      GST branches

      Division 54

      4

      GST joint ventures

      Division 51

      4A

      Importations without entry for home consumption

      Division 114

      5

      Insurance

      Division 78

      5A

      Payment of GST by instalments

      Division 162

      6

      Supplies in satisfaction of debts

      Division 105

      Division 35—Refunds

      35-1 What this Division is about

      This Division is about the Commissioner’s obligation to pay to you your entitlements to input tax credits that remain after off-setting amounts of GST. The СКАЧАТЬ