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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 162.5

Eligibility to elect to pay GST by instalments

  (1)   You are eligible to elect to pay GST by instalments if:

  (a)   either:

  (i)   you are a * small business entity (other than because of subsection   328 - 110(4) of the * ITAA 1997) for the * income year in which you make your election; or

  (ii)   you do not carry on a * business and your * GST turnover does not exceed the * instalment turnover threshold; and

  (b)   the current tax period applying to you is not affected by:

  (i)   an election under section   27 - 10 (election of one month tax periods); or

  (ii)   a determination under section   27 - 15 (determination of one month tax periods); or

  (iii)   a determination under section   27 - 37 (special determination of tax periods on request); and

  (c)   your * current GST lodgment record is at least 4 months; and

  (d)   you have complied with all your obligations to give * GST returns to the Commissioner; and

  (e)   you are not in a * net refund position; and

  (f)   you are not a * limited registration entity.

  (2)   The instalment turnover threshold is:

  (a)   $2 million; or

  (b)   such higher amount as the regulations specify.

  (3)   You are in a net refund position if the sum of all your * assessed net amounts is less than zero, for the tax periods for which * GST returns fell due during the period referred to in the relevant item in the third column of this table.

 

When you are in a net refund position

Item

If your * current GST lodgment record is ...

Take into account this period to work out whether you are in a net refund position:

1

at least 13 months

the 12 months preceding the current tax period applying to you

2

at least 10 months, but less than 13 months

the 9 months preceding that current tax period

3

at least 7 months, but less than 10 months

the 6 months preceding that current tax period

4

less than 7 months

the 3 months preceding that current tax period



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