INDIRECT TAX LAWS AMENDMENT (ASSESSMENT) ACT 2012 - SCHEDULE 1 Assessment of amounts under indirect tax laws

A New Tax System (Luxury Car Tax) Act 1999

3 Section 195 - 1

Insert:

"assessed GST" , on:

(a) a * taxable supply under section 78 - 50 (settlements of insurance claim) or 105 - 5 (supplies by creditors in satisfaction of debts); or

(b) a * taxable importation;

means the GST * assessed on the taxable supply or taxable importation.

4 Section 195 - 1

Insert:

"assessed net amount" , for a * tax period, means the * net amount * assessed for the tax period.

5 Section 195 - 1

Insert:

"assessment" has the meaning given by the * ITAA 1997.

6 Section 27 - 1

Insert:

"assessed luxury car tax" , on a * taxable importation of a luxury car, means the luxury car tax * assessed on the taxable importation.

7 Section 27 - 1

Insert:

"assessment" has the meaning given by the * ITAA 1997.

A New Tax System (Wine Equalisation Tax) Act 1999

8 Section 33 - 1

Insert:

"assessed wine tax" , on a * customs dealing, means the wine tax * assessed on the customs dealing.

9 Section 33 - 1

Insert:

"assessment" has the meaning given by the * ITAA 1997.

Customs Act 1901

10 Subsection 4(1)

Insert:

"assessed GST" has the meaning given by the GST Act.

11 Subsection 4(1)

Insert:

"assessed luxury car tax" has the meaning given by the Luxury Car Tax Act.

12 Subsection 4(1)

Insert:

"assessed wine tax" has the meaning given by the Wine Tax Act.

13 Subsection 4(1)

Insert:

"taxable dealing" has the meaning given by the Wine Tax Act.

14 Subsection 4(1)

Insert:

"taxable importation" has the meaning given by the GST Act.

15 Subsection 4(1)

Insert:

"taxable importation of a luxury car" has the meaning given by the Luxury Car Tax Act.

Income Tax Assessment Act 1997

16 Section 110 - 5

Insert:

"assessed net fuel amount" , for a * tax period, or for a * fuel tax return period, means the * net fuel amount * assessed for the tax period or fuel tax return period.

17 Section 110 - 5

Insert:

"assessment" has the meaning given by the Income Tax Assessment Act 1997 .

18 Subsection 995 - 1(1)

Insert:

"assessable amount" has the meaning given by subsection 155 - 5(2) in Schedule 1 to the Taxation Administration Act 1953 .

19 Subsection 995 - 1(1)

Insert:

"assessed GST" has the meaning given by the * GST Act.

20 Subsection 995 - 1(1)

Insert:

"assessed net amount" has the meaning given by the * GST Act.

21 Subsection 995 - 1(1)

Insert:

"assessed net fuel amount" has the meaning given by the Fuel Tax Act 2006 .

22 Subsection 995 - 1(1) (definition of assessment )

Repeal the definition (not including the note), substitute:

"assessment" :

(a) of an * assessable amount, means an ascertainment of the assessable amount; and

(b) in relation to a * tax - related liability not covered by paragraph ( a), has the meaning given by a * taxation law that provides for the assessment of the amount of the liability.

23 Subsection 995 - 1(1)

Insert:

"customs dealing" has the meaning given by the * Wine Tax Act.

24 Subsection 995 - 1(1)

Insert:

"fuel tax return" means a return under the Fuel Tax Act 2006 .

25 Subsection 995 - 1(1)

Insert:

"import declaration" has the meaning given by the Customs Act 1901 .

26 Subsection 995 - 1(1)

Insert:

"import declaration advice" has the meaning given by the Customs Act 1901 .

27 Subsection 995 - 1(1)

Insert:

"period of review" , for an assessment of an * assessable amount, has the meaning given by section 155 - 35 in Schedule 1 to the Taxation Administration Act 1953 .

28 Subsection 995 - 1(1)

Insert:

"self-assessed clearance declaration advice" has the meaning given by the Customs Act 1901 .

Division 3--Other amendments

29 Subsection 2(1)

Insert:

"objection decision" has the meaning given by subsection 14ZY(2).

Administrative Decisions (Judicial Review) Act 1977

30 Paragraph ( e) of Schedule 1

Before "in Schedule 1 to that Act", insert "or 4 - 1".

17 - 1 What this Division is about

31 Section 2 - 30

Omit "Parts 3 - 10, 4 - 15 and 5 - 5 in Schedule 1 to the Taxation Administration Act 1953 contain", substitute "Schedule 1 to the Taxation Administration Act 1953 contains" .

32 Section 7 - 15

Omit " * net amount", substitute "amount * assessed as being the * net amount".

33 Section 7 - 15 (before the left - aligned note)

Insert:

Note 1: For assessment of net amounts, see Division 155 in Schedule 1 to the Taxation Administration Act 1953 .

34 Section 7 - 15 (left - aligned note)

Omit "Note", substitute "Note 2".

35 Section 17 - 1

Repeal the section, substitute :

A net amount is worked out for each tax period that applies to you.

Adjustments can be made to the net amount. Increasing adjustments increase your net amount, and decreasing adjustments decrease your net amount.

Note: GST on taxable importations is not included in the net amount. It is dealt with separately under section 33 - 15.

36 After section 23 - 15

Insert:

23 - 20 Not registered for 4 years

Despite section 23 - 5, you are treated as not having been * required to be registered under this Act on a day if your * registration could not take effect from that day because of subsection 25 - 10(1A).

Note: Subsection 25 - 10(1A) provides that the date of effect of your registration must not be a day that occurred more than 4 years before the day of the Commissioner's decision to register you, unless the Commissioner is of the opinion there has been fraud or evasion.

37 After subsection 25 - 10(1)

Insert:

(1A) The date of effect must not be a day that occurred more than 4 years before the day of the decision, unless the Commissioner is of the opinion there has been fraud or evasion.

38 Section 27 - 1

Omit "(the amounts payable by you or to you)".

39 Section 29 - 1 (note)

Omit "GST", substitute "assessed GST".

40 Subsection 29 - 10(4)

Omit "states a * net amount that".

41 Subsection 29 - 10(4) (note)

After "Section 93 - 5", insert "or 93 - 15".

42 Subsection 29 - 15(1)

Omit "GST", substitute " * assessed GST".

43 Subsection 29 - 15(2)

Omit "GST" (first occurring), substitute " * assessed GST".

44 Subsection 29 - 70(1B) (note)

Repeal the note.

45 S ubs ection 31 - 20(1)

Repeal the subsection, substitute:

(1) You must, if required by the Commissioner, whether before or after the end of a tax period, give to the Commissioner, within the time required, a * GST return or a further or fuller GST return for the tax period or a specified period, whether or not you have given the Commissioner a GST return for the tax period under section 31 - 5.

46 After section 31 - 25

Insert:

31 - 30 GST returns treated as being duly made

A * GST return purporting to be made or signed by or on behalf of an entity is treated as having been duly made by the entity or with the entity's authority until the contrary is proved.

47 Section 33 - 1

Omit "net amounts", substitute "assessed net amounts".

48 Section 33 - 1 (before note 1)

Insert:

Note 1A: For provisions about assessment (including self - assessment), see Division 155 in Schedule 1 to the Taxation Administration Act 1953 .

49 Section 33 - 3 (heading)

Repeal the heading, substitute:

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

50 Paragraph 33 - 3(a)

Omit " * net amount", substitute " * assessed net amount".

51 Section 33 - 3

Omit "must pay the net amount", substitute "must pay the assessed net amount".

52 Section 33 - 3 (table)

Omit " net amount ", substitute " assessed net amount ".

53 Section 33 - 5 (heading)

Repeal the heading, substitute:

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

54 Subsection 33 - 5(1)

Omit " * net amount for", substitute " * assessed net amount for".

55 Subsection 33 - 5(1)

Omit "net amount to", substitute "assessed net amount to".

56 Subsection 33 - 5(2)

Omit " * net amount", substitute " * assessed net amount".

57 Section 33 - 10 (heading)

Repeal the heading, substitute:

33 - 10 How payment of assessed net amounts are made

58 Subsection 33 - 10(1)

Omit "any * net amounts", substitute "any * assessed net amounts".

59 Subsection 33 - 10(1)

Omit "a net amount", substitute "an assessed net amount".

60 Subsection 33 - 10(2)

Omit " * net amounts", substitute " * assessed net amounts".

61 Section 33 - 15 (heading)

Repeal the heading, substitute:

33 - 15 Payments of assessed GST on importations

62 Subsection 33 - 15(1)

Omit "GST", substitute " * assessed GST".

63 Paragraph 33 - 15(1)(b) (note)

Omit "net amounts", substitute "assessed net amounts".

64 Subsection 33 - 15(2)

Omit "GST", substitute " * assessed GST".

65 Section 35 - 1

Omit "net amounts", substitute "assessed net amounts".

66 Subsection 35 - 5(1)

Omit " * net amount", substitute " * assessed net amount".

67 Subsection 35 - 5(2)

Repeal the subsection, substitute:

(2) However, if:

(a) the Commissioner amends the * assessment of your * net amount; and

(b) your * assessed net amount before the amendment was less than zero; and

(i) paid; or

(ii) applied under the Taxation Administration Act 1953 ;

exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net amount always been the later assessed net amount;

the amount of the excess is to be treated as if:

(d) the excess were an assessed net amount for the tax period; and

(e) that assessed net amount were an amount greater than zero and equal to the amount of the excess; and

(f) despite Division 33, that assessed net amount became payable, and due for payment, by you at the time when the amount was paid or applied.

Note: Treating the excess as if it were an assessed net amount has the effect of applying the collection and recovery rules in Part 3 - 10 in Schedule 1 to the Taxation Administration Act 1953 , such as a liability to pay the general interest charge under section 105 - 80 in that Schedule.

68 Section 35 - 10

Repeal the section, substitute:

35 - 10 When entitlement arises

Your entitlement to be paid an amount under section 35 - 5 arises when the Commissioner gives you notice of the * assessment of your * net amount for the tax period.

Note: In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your GST return (see section 155 - 15 in Schedule 1 to the Taxation Administration Act 1953 ).

69 Section 35 - 99 (note)

Omit "net amounts", substitute "assessed net amounts".

70 Subsection 51 - 55(1)

Omit "the * net amount", substitute "the * assessed net amount".

71 Paragraph 51 - 55(1)(a)

Omit "net amount", substitute "assessed net amount".

72 Section 51 - 60

Omit "the * net amount", substitute "the * assessed net amount".

73 Section 51 - 60

Omit "that net amount", substitute "that assessed net amount".

74 Subsection 54 - 60(1)

Omit "the * net amount", substitute "the * assessed net amount".

75 Paragraph 54 - 60(1)(a)

Omit "net amount", substitute "assessed net amount".

76 Section 54 - 65

Omit "the * net amount", substitute "the * assessed net amount".

77 Section 54 - 65

Omit "that net amount", substitute "that assessed net amount".

78 Subparagraph 60 - 15(1)(e)(i)

Omit "GST", substitute " * assessed GST".

79 Paragraph 60 - 30(1)(a)

Omit "GST", substitute " * assessed GST".

80 Subsection 78 - 90(1)

Repeal the subsection, substitute:

(1) An entity that is not * registered or * required to be registered during a particular month must pay to the Commissioner:

(a) amounts of * assessed GST on * taxable supplies under section 78 - 50 that it makes during that month; and

(b) * assessed amounts of * increasing adjustments that it has that arise, during that month, in relation to supplies that are taxable supplies under section 78 - 50.

(1A) The entity must pay each amount:

(a) on or before the later of:

(i) the 21st day after the end of the month; and

(ii) the day the Commissioner gives notice of the relevant * assessment to the entity under section 155 - 10 in Schedule 1 to the Taxation Administration Act 1953 ; and

(b) at the place and in the manner specified by the Commissioner.

81 Sections 93 - 1 and 93 - 5

Repeal the sections, substitute:

93 - 1 What this Division is about

Your entitlements to input tax credits for creditable acquisitions cease unless they are included in your assessed net amounts within a limited period (generally 4 years).

However, this time limit does not apply in certain limited cases.

93 - 5 Time limit on entitlements to input tax credits

(1) You cease to be entitled to an input tax credit for a * creditable acquisition to the extent that the input tax credit has not been taken into account, in an * assessment of a * net amount of yours, during the period of 4 years after the day on which you were required to give to the Commissioner a * GST return for the tax period to which the input tax credit would be attributable under subsection 29 - 10(1) or (2).

Note: Section 93 - 10 sets out circumstances in which your entitlement to the input tax credit does not cease under this section.

(2) This section has effect despite section 11 - 20 (which is about entitlement to input tax credits).

Note: You must hold a valid tax invoice relating to a creditable acquisition to be entitled to have an input tax credit for that acquisition taken into account in working out your assessed net amount for a tax period: see subsection 29 - 10(3).

82 At the end of section 93 - 10

Add:

Amendment of assessments in relation to supplies

(4) You do not cease under section 93 - 5 to be entitled to an input tax credit if:

(a) the input tax credit is for a * creditable acquisition that relates to making a supply; and

(b) during the period of 4 years mentioned in subsection 93 - 5(1) , a * net amount of yours is * assessed on the basis that the supply is * input taxed; and

(c ) after the end of that 4 - year period, the Commissioner amends the assessment of your net amount for the tax period to which the supply is attributable under section 155 - 35, 155 - 45 or 155 - 50, or paragraph 155 - 60(a) or (b), in Schedule 1 to the Taxation Administration Act 1953 on the basis that the supply is not input taxed ; and

( d ) the input tax credit is taken into account in an assessment of a net amount of yours (the credit assessment ) :

(i) after the end of that 4 - year period; and

(ii) at a time when the Commissioner may amend the assessment of your net amount for the tax period mentioned in subsection 93 - 5(1) of this Act (whether the credit assessment or another assessment) under Subdivision 155 - B in Schedule 1 to the Taxation Administration Act 1953 on th e basis that you ar e entitled to the input tax credit .

Request to treat document as tax invoice

(5) If:

(a) you requested the Commissioner to treat a document under subsection 29 - 70(1B) as a * tax invoice for the purposes of attributing an input tax credit to a tax period; and

(b) you made the request before the end of the 4 - year period mentioned in subsection 93 - 5(1) in relation to the tax period; and

you do not cease under section 93 - 5 to be entitled to the input tax credit to the extent that, had the Commissioner agreed to the request before the end of the 4 - year period , you would not cease under that section to be entitled to the credit.

83 Section 93 - 15

Omit "Section 93 - 10 does not apply", substitute "You are not entitled to an input tax credit for a * creditable acquisition".

84 Paragraph 93 - 15(a)

Omit " * creditable acquisition for which you would be entitled to an input tax credit but for this section", substitute "creditable acquisition".

85 Subsection 105 - 20(1)

Repeal the subsection, substitute:

(1) If you are not * registered or * required to be registered during a particular month, you must pay to the Commissioner:

(a) amounts of * assessed GST on * taxable supplies under section 105 - 5 that you make during that month; and

(b) * assessed amounts of * increasing adjustments that you have that arise, during that month, in relation to supplies that are taxable supplies under section 105 - 5.

(1A) You must pay each amount:

(a) on or before the later of:

(i) the 21st day after the end of the month; and

(ii) the day the Commissioner gives notice of the relevant * assessment to you under section 155 - 10 in Schedule 1 to the Taxation Administration Act 1953 ; and

(b) at the place and in the manner specified by the Commissioner.

86 Section 114 - 15

Repeal the section, substitute:

114 - 15 Payments of amounts of assessed GST where security for payment of customs duty is forfeited

(1) If:

(a) a circumstance relating to goods is an importation of the goods into Australia because of an item of the table in section 114 - 5; and

(b) security has been given under the Customs Act 1901 for payment of * customs duty in respect of the goods; and

any * assessed GST payable on the importation is to be paid when the security is forfeited.

(2) This section has effect despite section 33 - 15 (which is about payments of amounts of assessed GST on importations).

87 Section 114 - 20

Repeal the section, substitute:

114 - 20 Payments of amounts of assessed GST where delivery into home consumption is authorised under section 71 of the Customs Act

(1) If:

(a) the delivery of goods into home consumption in accordance with an authorisation under section 71 of the Customs Act 1901 is an importation into Australia because of item 1, 2, 3 or 4 of the table in section 114 - 5; and

(b) information was provided under section 71 of that Act in connection with the granting of the authorisation;

any * assessed GST payable on the importation is to be paid when the information was provided/on or before the granting of the authorisation.

(2) This section has effect despite sections 33 - 15 (which is about payments of amounts of assessed GST on importations) and 114 - 15.

88 Section 117 - 15 (heading)

Repeal the heading, substitute:

117 - 15 Refunds of assessed GST on certain reimportations of live animals

89 Paragraph 117 - 15(1)(a)

Omit "GST", substitute " * assessed GST".

90 Subsection 117 - 15(1)

Omit "GST payable", substitute "assessed GST payable".

91 Subsection 133 - 5(1) (note)

After "Section 93 - 5", insert "or 93 - 15".

92 Subsection 138 - 5(2) ( paragraph ( c) of the definition of applicable value )

Omit "GST", substitute " * assessed GST".

93 Subsection 139 - 5(2) ( paragraph ( c) of the definition of applicable value )

Omit "GST", substitute " * assessed GST".

94 Section 151 - 50 (heading)

Repeal the heading, substitute:

151 - 50 When payments of assessed net amounts for annual tax periods must be made

95 Subsection 151 - 50(1)

Omit " * net amount for", substitute " * assessed net amount for".

96 Subsection 151 - 50(1)

Omit "net amount to", substitute "assessed net amount to".

97 Subsection 151 - 50(2)

Omit "net amounts", substitute "assessed net amounts".

98 Subsection 151 - 60(2)

Omit " * net amount for", substitute " * assessed net amount for".

99 Subsection 151 - 60(2)

Omit "net amount to", substitute "assessed net amount to".

100 Subsection 151 - 60(3)

Omit "net amounts", substitute "assessed net amounts".

101 Subsection 162 - 5(3)

Omit " * net amounts", substitute " * assessed net amounts".

102 Subsection 162 - 90(2)

Omit " * net amount for", substitute " * assessed net amount for".

103 Subsection 162 - 90(2)

Omit "net amount to", substitute "assessed net amount to".

104 Subsection 162 - 90(3)

Omit "net amounts", substitute "assessed net amounts".

105 Subsection 162 - 95(3)

Omit " * net amount for", substitute " * assessed net amount for".

106 Subsection 162 - 95(3)

Omit "net amount to", substitute "assessed net amount to".

107 Subsection 162 - 95(4)

Omit "net amounts", substitute "assessed net amounts".

108 Section 162 - 110 (heading)

Repeal the heading, substitute:

162 - 110 When payments of assessed net amounts must be made--GST instalment payers

109 Paragraph 162 - 110(1)(b)

Omit " * net amount", substitute " * assessed net amount".

110 Subsection 162 - 110(1)

Omit "net amount to", substitute "assessed net amount to".

111 Subsection 162 - 110(2)

Omit "net amounts", substitute "assessed net amounts".

112 Subsection 162 - 145(3)

Omit "your * net amounts", substitute "your * assessed net amounts".

113 Paragraph 162 - 190(b)

Omit " * net amount", substitute " * assessed net amount".

114 Paragraph 162 - 200(4)(b)

Omit " * net amount", substitute " * assessed net amount".

115 Section 165 - 40 (heading)

Repeal the heading, substitute:

165 - 40 Commissioner may make declaration for purpose of negating avoider's GST benefits

11 6 Section 165 - 40

Before "For the purpose", insert "(1)".

11 7 Section 165 - 40 (note)

Repeal the note.

11 8 At the end of section 165 - 40

Add:

(2) The Commissioner must take such action as he or she considers necessary to give effect to a declaration made under this section.

1 19 Paragraph 165 - 45(1)(a)

Omit "section 165 - 40", substitute "subsection 165 - 40(1)".

12 0 Subsection 165 - 45(3) (note)

Repeal the note.

121 Subsection 165 - 45(5) (note)

Repeal the note.

122 Section 165 - 50

Repeal the section, substitute:

165 - 50 Declaration has effect according to its terms

For the purpose of making an * assessment, a statement in a declaration under this Subdivision has effect according to its terms, despite the provisions of this Act outside of this Division.

123 Section 171 - 1

Omit "GST", substitute "assessed GST".

124 Subsection 171 - 5(1)

Omit "GST", substitute " * assessed GST".

125 Subsection 171 - 5(1) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed luxury car tax".

126 Subsection 171 - 5(1A)

Omit "GST", substitute " * assessed GST".

127 Subsection 171 - 5(1A) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed luxury car tax".

128 Subsection 171 - 5(2)

Omit "GST", substitute "assessed GST".

129 Section 195 - 1 (note at the end of the definition of creditable acquisition )

After "93 - 5", insert ", 93 - 15".

A New Tax System (Luxury Car Tax) Act 1999

130 Subsection 2 - 10(1)

Omit "luxury car tax on importations", substitute "assessed luxury car tax on importations".

131 Section 2 - 25

After "Parts 3 - 10", insert ", 4 - 1".

132 Subdivision 13 - B (heading)

Repeal the heading, substitute:

Subdivision 13 - B -- Paying assessed luxury car tax on taxable importations of luxury cars

133 Section 13 - 20 (heading)

Repeal the heading, substitute:

13 - 20 Paying assessed luxury car tax on taxable importations of luxury cars

134 Subsection 13 - 20(1)

Omit "Luxury car tax", substitute " * Assessed luxury car tax".

135 Paragraph 13 - 20(1)(b) (note 1)

Omit "net amounts", substitute "assessed net amounts".

136 Paragraph 13 - 20(1)(b) (after note 1)

Insert:

Note 1A: For provisions about assessment of luxury car tax on taxable importations of luxury cars, see Division 155 in Schedule 1 to the Taxation Administration Act 1953 .

137 Paragraph 13 - 20(1)(b) (note 2)

Omit "luxury car tax", substitute "assessed luxury car tax".

138 Subsection 13 - 20(2)

Omit "luxury car tax", substitute " * assessed luxury car tax".

139 Subsection 13 - 25(1)

Omit "luxury car tax", substitute " * assessed luxury car tax".

140 Subsection 13 - 25(1) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed luxury car tax".

141 Subsection 13 - 25(1A)

Omit "luxury car tax", substitute " * assessed luxury car tax".

142 Subsection 13 - 25(1A) (note)

Omit "GST and luxury car tax", substitute "assessed GST and assessed luxury car tax".

A New Tax System (Wine Equalisation Tax) Act 1999

143 Section 2 - 20

Omit "wine tax" (last occurring), substitute "assessed wine tax".

144 Section 2 - 33

After "Parts 3 - 10", insert ", 4 - 1".

145 Subsection 19 - 25(5)

Omit "Part 3 - 10", substitute "Parts 3 - 10 and 4 - 1".

146 Section 23 - 1

Omit "GST", substitute "assessed GST".

147 Subsection 23 - 5(1)

Omit "wine tax", substitute " * assessed wine tax".

148 Paragraph 23 - 5(1)(b) (note 1)

Omit "net amounts", substitute "assessed net amounts".

149 Paragraph 23 - 5(1)(b) (after note 1)

Insert:

Note 1A: For provisions about assessment of wine tax on customs dealings, see Division 155 in Schedule 1 to the Taxation Administration Act 1953 .

150 Paragraph 23 - 5(1)(b) (note 2)

Omit "wine tax", substitute "assessed wine tax".

151 Subsection 23 - 5(2)

Omit "wine tax", substitute " * assessed wine tax".

Customs Act 1901

152 Subparagraph 71AAAL(3)(a)(i)

Omit "GST payable on the taxable importation (as defined in the GST Act)", substitute "assessed GST payable on the taxable importation".

153 Subparagraph 71AAAL(3)(a)(ii)

Omit "(as defined in the Luxury Car Tax Act) is associated with the import of the goods--the luxury car tax", substitute "is associated with the import of the goods--the assessed luxury car tax".

154 Subparagraph 71AAAL(3)(a)(iii)

Omit "(as defined in the Wine Tax Act) is associated with the import of the goods--the wine tax", substitute "is associated with the import of the goods--the assessed wine tax".

155 Paragraph 71AAAL(3)(b)

Omit "unpaid GST, luxury car tax or wine tax", substitute "unpaid assessed GST, assessed luxury car tax or assessed wine tax".

156 Paragraph 71C(4)(b)

Omit "GST, luxury car tax, wine tax", substitute "assessed GST, assessed luxury car tax, assessed wine tax".

157 Subparagraph 71C(7)(a)(i)

Omit "GST payable on the taxable importation (as defined in the GST Act)", substitute "assessed GST payable on the taxable importation".

158 Subparagraph 71C(7)(a)(ii)

Omit "(as defined in the Luxury Car Tax Act) is associated with the import of the goods--the luxury car tax", substitute "is associated with the import of the goods--the assessed luxury car tax".

159 Subparagraph 71C(7)(a)(iii)

Omit "(as defined in the Wine Tax Act) is associated with the import of the goods--the wine tax", substitute "is associated with the import of the goods--the assessed wine tax".

160 Paragraph 71C(7)(b)

Omit "unpaid GST, luxury car tax or wine tax", substitute "unpaid assessed GST, assessed luxury car tax or assessed wine tax".

161 Subsection 105D(3) (note)

Omit "of GST", substitute "of assessed GST".

162 Paragraph 162(1)(b)

Omit "GST payable on the taxable importation (as defined in the GST Act)", substitute "assessed GST payable on the taxable importation".

163 Paragraph 162(1)(c)

Omit "(as defined in the Luxury Car Tax Act) is associated with the import of those goods--the luxury car tax", substitute "is associated with the import of those goods--the assessed luxury car tax".

164 Paragraph 162A(2)(b)

Omit "GST that may become payable on the taxable importation (as defined in the GST Act)", substitute "assessed GST that may become payable on the taxable importation".

165 Paragraph 162A(2)(c)

Omit "(as defined in the Luxury Car Tax Act) is associated with the import of the goods--the luxury car tax", substitute "is associated with the import of the goods--the assessed luxury car tax".

47 - 1 What this Division is about

166 Section 44 - 1

Omit "net fuel amount determines", substitute "assessed net fuel amount determines".

167 Section 47 - 1

Repeal the section, substitute:

Your entitlements to fuel tax credits cease unless they are included in your assessed net fuel amounts within a limited period (generally 4 years).

However, this time limit does not apply in certain limited cases.

168 Section 47 - 5

Repeal the section, substitute:

47 - 5 Time limit on entitlements to fuel tax credits

(1) You cease to be entitled to a fuel tax credit to the extent that it has not been taken into account, in an * assessment of a * net fuel amount of yours, during the period of 4 years after the day on which you were required to give to the Commissioner a return for the tax period or fuel tax return period to which the fuel tax credit would be attributable under subsection 65 - 5(1), (2) or (3).

(2) Without limiting subsection ( 1), you also cease to be entitled to a fuel tax credit for taxable fuel you acquire, manufacture or import, to the extent that you did not give to the Commissioner under section 61 - 15 during the period of 4 years after the day on which the acquisition, manufacture or importation occurred a return that takes the fuel tax credit into account.

Note: Section 47 - 10 sets out circumstances in which your entitlement to the fuel tax credit does not cease under this section.

169 At the end of section 47 - 10

Add:

Request to treat document as tax invoice

(4) If:

(a) you requested the Commissioner to treat a document under subsection 29 - 70(1B) of the * GST Act as a tax invoice (within the meaning of that Act) for the purposes of attributing an * input tax credit for fuel to a * tax period; and

(b) you made the request before the end of the 4 - year period mentioned in subsection 47 - 5(1) of this Act in relation to the tax period; and

you do not cease under subsection 47 - 5(1) to be entitled to a fuel tax credit for the fuel to the extent that, had the Commissioner agreed to the request before the end of the 4 - year period , you would not cease under that subsection to be entitled to the credit.

170 Section 60 - 1

Omit "You work out your net fuel amount", substitute "Your net fuel amount is worked out".

171 Section 61 - 1

Omit:

If your return includes a positive net fuel amount, you must pay the Commissioner that amount. If your return includes a negative net fuel amount, the Commissioner must pay you that amount.

substitute:

If the Commissioner assesses you as having a positive net fuel amount, you must pay the Commissioner that amount. If the Commissioner assesses you as having a negative net fuel amount, the Commissioner must pay you that amount.

172 At the end of section 61 - 1

Add:

Note: For the assessment of the net fuel amount (including self - assessment), see Division 155 in Schedule 1 to the Taxation Administration Act 1953 .

173 Section s 61 - 5 and 61 - 10

Repeal the section s , substitute:

61 - 5 Entitlement to a refund

(1) If your * assessed net fuel amount for a * tax period or * fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that * amount (expressed as a positive amount) to you.

Note 1: See Division 3A of Part IIB of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division 3 of Part IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.

Note 2: Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in paying the amount.

(2) However, if:

(a) the Commissioner amends the * assessment of your * net fuel amount for a * tax period or * fuel tax return period; and

(b) your * assessed net fuel amount before the amendment was less than zero; and

(i) paid; or

(ii) applied under the Taxation Administration Act 1953 ;

exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;

you must pay the excess to the Commissioner as if:

(d) the excess were an assessed net fuel amount for that period; and

(e) that assessed net fuel amount were an amount greater than zero and equal to the amount of the excess; and

(f) despite section 61 - 10, that assessed net fuel amount became payable, and due for payment, by you at the time when the amount was paid or applied.

Note: Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Part 3 - 10 in Schedule 1 to the Taxation Administration Act 1953 , such as a liability to pay the general interest charge under section 105 - 80 in that Schedule.

61 - 7 When entitlement arises

Your entitlement to be paid an * amount under section 61 - 5 arises when the Commissioner gives you notice of the * assessment of your * net fuel amount for the * tax period or * fuel tax return period.

Note: In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your return (see section 155 - 15 in Schedule 1 to the Taxation Administration Act 1953 ).

61 - 10 Requirement to pay an assessed net fuel amount

You must pay your * assessed net fuel amount for a * tax period to the Commissioner by the day on which you are required under section 46 - 5 or 61 - 15 to give to the Commissioner your return for the tax period, if your assessed net fuel amount is greater than zero.

17 4 After subsection 61 - 15(2)

Insert:

(2A) You must, if required by the Commissioner, whether before or after the end of a * tax period or * fuel tax return period, give to the Commissioner, within the time required, a return or a further or fuller return for the tax period or fuel tax return period or a specified period, whether or not you have given the Commissioner a return for the tax period or fuel tax return period under subsection ( 1) or (2).

175 After section 61 - 15

Insert:

61 - 17 Returns treated as being duly made

A return purporting to be made or signed by or on behalf of an entity is treated as having been duly made by the entity or with the entity's authority until the contrary is proved.

176 Subsection 65 - 5(4)

Omit "states a * net fuel amount that".

177 Paragraph 70 - 30(b)

After " * net fuel amount", insert ", * assessed net fuel amount".

178 Paragraph 70 - 30(d)

After " * net amount", insert ", assessed net amount".

179 Section 75 - 1

Omit "net fuel amounts", substitute "assessed net fuel amounts".

180 Section 75 - 40 (heading)

Repeal the heading, substitute:

75 - 40 Commissioner may make declaration for purpose of negating avoider's fuel tax benefits

181 Subsection 75 - 40(1) (note)

Repeal the note.

182 At the end of section 75 - 40

Insert:

(3) The Commissioner must take such action as he or she considers necessary to give effect to a declaration made under this section.

183 Paragraph 75 - 45(1)(a)

Omit "section 75 - 40", substitute "subsection 75 - 40(1)".

184 Subsections 75 - 45(3) and (5) (note)

Repeal the note.

185 Section 75 - 50

Repeal the section, substitute:

75 - 50 Declaration has effect according to its terms

For the purpose of making an * assessment, a statement in a declaration under this Subdivision has effect according to its terms, despite the provisions of this Act outside of this Division.

Income Tax Assessment Act 1997

186 Subsection 27 - 15(3)

Omit "the payment of * GST", substitute "the payment of * assessed GST".

187 Subsection 27 - 15(3)

Omit "that payment of GST", substitute "that payment of assessed GST".

Product Grants and Benefits Administration Act 2000

188 Subsection 15(2A)

Omit "that includes a net fuel amount".

189 Subsection 15(4) (definition of net fuel amount )

Repeal the definition.

Chapter 4 -- Generic assessment, collection and recovery rules

190 Subsection 8AAZLG(2)

After "makes", insert "or amends".

19 1 Subsection 8AAZMA(1)

Omit "a net amount", substitute "an assessed net amount".

192 Section 14ZQ (definition of objection decision )

Repeal the definition.

193 After paragraph 14ZW(1)(be)

Insert:

(bf) if the taxation objection is made under subsection 155 - 30(2) in Schedule 1 to this Act--60 days after the end of the period of 30 days mentioned in that subsection; or

(bg) if the taxation objection is made under Subdivision 155 - C in Schedule 1 to this Act--the period mentioned in paragraph 155 - 35(2)(a) in that Schedule in relation to the assessment concerned; or

194 Before subsection 14ZW(1A )

Insert:

(1AA C ) The person cannot lodge a taxation objection against a private indirect tax ruling (to which subsection ( 1AAB) does not apply) after the end of whichever of the following ends last:

(a) 60 days after the ruling was made;

(b) the period mentioned in paragraph 155 - 35(2)(a) in Schedule 1 in relation to the assessment of the assessable amount to which the ruling relates.

195 Paragraph 14ZW(1B)(b)

Omit "or (bb)", substitute ", (bb), (bf) or (bg)".

196 Subsection 14ZY(2)

Repeal the subsection, substitute:

(1B) If the taxation objection is an objection under subsection 155 - 30(2) in Schedule 1 against the Commissioner's failure to make an assessment of an assessable amount, the Commissioner must decide to make an assessment of the assessable amount.

(2) A decision of the Commissioner mentioned in subsection ( 1), (1A) or (1B) is an objection decision .

197 Subsection 14ZYA(1)

After "subsection", insert "155 - 30(2) or".

198 Subsection 14ZYB(1)

Omit "subsection 359 - 50(3) in Schedule 1 against the Commissioner's failure to make a private ruling", substitute "subsection 155 - 30(2) or 359 - 50(3) in Schedule 1".

199 At the end of subsection 14ZYB(1)

Add:

Note 1: Subsection 155 - 30(2) provides for objections against the Commissioner's failure to make an assessment of an assessable amount.

Note 2: Subsection 359 - 50(3) provides for objections against the Commissioner's failure to make a private ruling.

200 Section 105 - 1 in Schedule 1

Omit:

Note: Administration rules relevant to particular indirect tax laws are in Divisions 110, 111 and 112.

substitute:

Note 1: Administration rules relevant to particular indirect tax laws are in Divisions 110, 111 and 112.

Note 2: For assessment of assessable amounts under indirect tax laws, see Division 155.

201 Section 105 - 1 in Schedule 1

Omit:

(g) the evidentiary effect of official indirect tax documents;

202 Subparagraph 105 - 65(2)(a)(i) in Schedule 1

Omit " * net amount", substitute " * assessed net amount".

20 3 Subparagraph 105 - 65(2)(a)(ii) in Schedule 1

Omit "net amount", substitute "assessed net amount".

204 Subparagraph 105 - 65(2)(b)(i) in Schedule 1

Omit "net amount", substitute "assessed net amount".

205 Subparagraph 105 - 65(2)(b)(ii) in Schedule 1

Omit "net amount", substitute "assessed net amount".

206 Paragraphs 105 - 80(2)(a) and (b) in Schedule 1

Repeal the paragraphs, substitute:

(a) an * assessed net fuel amount;

(b) an assessed amount of * indirect tax (including an * assessed net amount) .

207 Subdivision 105 - E in Schedule 1

Repeal the Subdivision.

208 Subsection 110 - 50(1) in Schedule 1 (note)

Repeal the note.

209 Subsection 110 - 50(2) in Schedule 1 (cell at table item 61, column headed "Provision of GST Act under which decision is made")

Repeal the cell, substitute:

subsection 165 - 40(1)

210 Subsection 111 - 50(1) in Schedule 1 (note)

Repeal the note.

211 Subsection 112 - 50(1) in Schedule 1 (note)

Repeal the note.

212 Subsection 112 - 50(2) in Schedule 1 (cell at table item 1, column headed "Provision of the Fuel Tax Act 2006 under which decision is made")

Repeal the cell, substitute:

subsection 75 - 40(1)

213 Chapter 4 in Schedule 1 (heading)

Repeal the heading, substitute:

214 Subsection 250 - 10(2) in Schedule 1 (table item 5)

Repeal the item, substitute:

assessed net amount, including amounts in respect of luxury car tax and wine equalisation tax

33 - 3, 33 - 5, 35 - 5(2)

Division 4--Transitional amendments

215 Subsection 250 - 10(2) in Schedule 1 (table item 10, column headed "Topic")

Omit "GST", substitute "assessed GST".

216 Subsection 250 - 10(2) in Schedule 1 (table items 12, 12A and 12B)

Repeal the items, substitute:

12A	assessed GST on supplies made in settlement of claims under insurance policies	78 - 90	A New Tax System (Goods and Services Tax) Act 1999
12B	assessed GST on supplies made in satisfaction of debts	105 - 20	A New Tax System (Goods and Services Tax) Act 1999

217 Subsection 250 - 10(2) in Schedule 1 (table item 15, column headed "Topic")

Omit "luxury car tax", substitute "assessed luxury car tax".

218 Subsection 250 - 10(2) in Schedule 1 (table item 20, column headed "Topic")

Omit "wine tax", substitute "assessed wine tax".

219 Subsection 250 - 10(2) in Schedule 1 (table item 36, column headed "Topic")

Omit "net fuel amount", substitute "assessed net fuel amount".

220 Subsection 250 - 10(2) in Schedule 1 (table item 36, column headed "Provision")

Omit "61 - 5(3),", substitute "61 - 5(2)".

221 Paragraph 288 - 20(a) in Schedule 1

Omit "a * net amount", substitute "an * assessed net amount".

222 Paragraphs 357 - 55(i) and (j) in Schedule 1

Repeal the paragraphs, substitute:

(i) a * net fuel amount, or the administration of a net fuel amount;

(ia) an * assessed net fuel amount, or the collection or payment of an assessed net fuel amount;

(j) a * net amount, or the administration of a net amount;

(ja) an * assessed net amount, or the collection or payment of an assessed net amount;

223 Paragraph 382 - 5(1)(b) in Schedule 1

Repeal the paragraph, substitute:

(b) retain those records for the longest of:

(i) 5 years after the completion of the transactions or acts to which they relate; and

(ii) the * period of review for any assessment of an * assessable amount to which those records, transactions or acts relate; and

(iii) if such an assessment has been amended under Subdivision 155 - B--the period of 4 years mentioned in paragraph 155 - 70(2)(a) (which provides for a refreshed period of review) that applies to the latest such amendment.

224 At the end of subsection 93 - 10(1)

Add:

Note 3: Sections 105 - 50 and 105 - 55 in Schedule 1 to the Taxation Administration Act 1953 only apply in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

225 At the end of subsection 93 - 10(2)

Add:

Note 3: Section 105 - 50 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

226 At the end of subsection 93 - 10(3)

Add:

Note 3: Section 105 - 55 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

227 Subsection 47 - 10(1) (note)

Repeal the note, substitute:

Note 1: Section 105 - 50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts, and section 105 - 55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.

Note 2: Sections 105 - 50 and 105 - 55 in Schedule 1 to the Taxation Administration Act 1953 only apply in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 ).

22 8 Subsection 47 - 10(2) (note)

Repeal the note, substitute:

Note 1: Section 105 - 50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.

Note 2: Section 105 - 50 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 ).

2 29 Subsection 47 - 10(3) (note)

After "Note", insert "1".

23 0 At the end of subsection 47 - 10(3)

Add:

Note 2: Section 105 - 55 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 ).

105 - 3 Application of Subdivision

231 At the end of subsection 14ZW(1AAA)

Add:

Note 1: Section 105 - 40 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 2: This subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

23 2 After subsection 14ZW(1AAB)

Insert:

(1AABA ) Subsection ( 1AAB) applies in relation to:

(a) a tax period starting before 1 July 2012; or

(b) a payments or refund that:

(i) does not relate to any tax period; and

(ii) relates to a liability or entitlement that arose before 1 July 2012.

Note: Subsection ( 1AAB) and this subsection will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

233 Before section 105 - 5 in Schedule 1

Insert:

This Subdivision applies to:

(a) * tax periods, and * fuel tax return periods, starting before 1 July 2012; and

(b) * indirect tax payable by you on an importation of goods, if:

(i) the indirect tax does not relate to any tax periods; and

(ii) the liability to pay the indirect tax arose before 1 July 2012.

Note: This Subdivision will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

23 4 At the end of section 105 - 40 in Schedule 1

Add:

Note: This Subdivision will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

235 At the end of section 105 - 50 in Schedule 1

Add:

Sunsetting provision

(4) This section applies in relation to payments and refunds that:

(a) relate to * tax periods, and * fuel tax return periods, that start before 1 July 2012; or

(b) do not relate to any tax periods or fuel tax return periods, but relate to liabilities or entitlements that arose before 1 July 2012.

Note: This section will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

236 At the end of section 105 - 55 in Schedule 1

Add:

Sunsetting provision

(6) This section applies in relation to payments and refunds that:

(a) relate to * tax periods, and * fuel tax return periods, that start before 1 July 2012; or

(b) do not relate to any tax periods, or fuel tax return periods, but relate to liabilities or entitlements that arose before 1 July 2012.

Note: This section will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

237 Subsection 110 - 50( 2) in Schedule 1 (cell at table item 61, column headed "Decision" )

Repeal the cell , substitute:

making a declaration that states:

(a) the amount that is (and has been at all times) a * net amount for a * tax period that ended before 1 July 2012; or

(b) the amount that is (and has been at all times) the amount of * GST on a * taxable importation, if the GST was payable before 1 July 2012

2 38 Subsection 112 - 50(2) in Schedule 1 ( cell at table item 1, column headed "Decision" )

Repeal the item, substitute:

making a declaration that states the amount that is (and has been at all times) the * net fuel amount for a * tax period, or * fuel tax return period, that ended before 1 July 2012

Division 5--Application of amendments and savings provision

239 Application of amendments

(1) The amendments made by Divisions 1, 2 and 3 of this Part apply in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012.

(2) The amendments made by Divisions 1, 2 and 3 of this Part also apply in relation to payments and refunds that:

(a) do not relate to any tax periods or fuel tax return periods; and

(b) relate to liabilities or entitlements that arose on or after 1 July 2012.

240 Application of amendments--declarations

Despite item 239, item 2 of the table in subsection 350 - 10(1) in Schedule 1 to the Taxation Administration Act 1953 applies, in relation to declarations under the A New Tax System (Goods and Services Tax) Act 1999 or the Fuel Tax Act 2006 , as mentioned in subsection 350 - 10(2) in that Schedule.

241 Savings provision

(1) A specification:

(a) made by the Commissioner for the purposes of subsection 78 - 90(1) of the A New Tax System (Goods and Services Tax ) Act 1999 ; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made for the purposes of paragraph 78 - 90(1A)(b) of that Act as in force after that commencement .

(2) A specification:

(a) made by the Commissioner for the purposes of subsection 105 - 20(1) of the A New Tax System (Goods and Services Tax ) Act 1999 ; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made for the purposes of para graph 105 - 20(1A)(b) of that Act as in force after that commencement.

Part 2 -- Amendments commencing on 1 January 2017

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

242 Subsection 17 - 20(2)

Repeal the subsection, substitute:

(2) The matters must relate to correction of errors that were made in working out * net amounts for tax periods to which subsection ( 2A) applies.

243 Paragraph 17 - 20(2A)(b)

Omit "if the earlier tax period started on or after 1 July 2012--".

244 Section 93 - 1

Omit:

However, this time limit does not apply in certain limited cases.

245 Subsections 93 - 10(1), (2) and (3)

Repeal the subsections.

246 Section 15IA

Repeal the section.

Income Tax Assessment Act 1997

247 Section 47 - 1

Omit:

However, this time limit does not apply in certain limited cases.

248 Subsections 47 - 10(1), (2) and (3)

Repeal the subsections.

249 Subsection 47 - 10(4) (heading)

Repeal the heading.

250 Subsection 47 - 10(4)

Omit "(4)".

251 Subsection 60 - 10(2)

Repeal the subsection, substitute:

(2) The matters must relate to correction of errors that were made in working out * net fuel amounts to which subsection ( 3) or (4) applies.

252 Paragraph 60 - 10(3)(b)

Omit "if the earlier tax period started on or after 1 July 2012--".

253 Paragraph 60 - 10(4)(b)

Omit "if the earlier fuel tax return period started on or after 1 July 2012--".

254 Subsection 995 - 1(1) (definition of reviewable indirect tax decision )

Repeal the definition.