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INDIRECT TAX LAWS AMENDMENT (ASSESSMENT) ACT 2012 - SCHEDULE 2

Correcting errors in working out amounts under indirect tax laws

 

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

1   Subsection   17 - 20(2)

Repeal the subsection, substitute:

  (2)   The matters must relate to correction of errors:

  (a)   that were made in working out * net amounts to which subsection   ( 2A) applies; and

  (b)   that do not relate to amounts:

  (i)   that have ceased to be payable by you because of section   105 - 50 in Schedule   1 to the Taxation Administration Act 1953 ; or

  (ii)   to which, because of section   105 - 55 in that Schedule, you are not entitled.

Note:   Paragraph   ( 2)(b) will be repealed on 1   January 2017: see Part   2 of Schedule   1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 .

  (2A)   This subsection applies to a * net amount for a tax period (the earlier tax period ) if:

  (a)   the earlier tax period precedes the tax period mentioned in subsection   ( 1); and

  (b)   if the earlier tax period started on or after 1   July 2012--the tax period mentioned in subsection   ( 1) starts during the * period of review for the * assessment of the * net amount.

2   Section   195 - 1

Insert:

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

Fuel Tax Act 2006

3   At the end of Subdivision   60 - A

Add:

60 - 10   Determinations relating to how to work out net fuel amounts

  (1)   The Commissioner may make a determination that, in the circumstances specified in the determination, a * net fuel amount for a * tax period or a * fuel tax return period may be worked out to take account of other matters in the way specified in the determination.

  (2)   The matters must relate to correction of errors:

  (a)   that were made in working out * net fuel amounts to which subsection   ( 3) or (4) applies; and

  (b)   that do not relate to amounts:

  (i)   that have ceased to be payable by you because of section   105 - 50 in Schedule   1 to the Taxation Administration Act 1953 ; or

  (ii)   to which, because of section   105 - 55 in that Schedule, you are not entitled.

Note:   Paragraph   ( 2)(b) will be repealed on 1   January 2017 (see Part   2 of Schedule   1 to the Indirect Tax Laws Amendment (Assessment) Act 2012 ).

  (3)   This subsection applies to a * net fuel amount for a * tax period (the earlier tax period ) if:

  (a)   the earlier tax period precedes the tax period mentioned in subsection   ( 1); and

  (b)   if the earlier tax period started on or after 1   July 2012--the tax period mentioned in subsection   ( 1) starts during the * period of review for the * assessment of the net fuel amount.

  (4)   This subsection applies to a * net fuel amount for a * fuel tax return period (the earlier fuel tax return period ) if:

  (a)   the earlier fuel tax return period precedes the fuel tax return period mentioned in subsection   ( 1); and

  (b)   if the earlier fuel tax return period started on or after 1   July 2012--the fuel tax return period mentioned in subsection   ( 1) starts during the * period of review for the * assessment of the net fuel amount.

  (5)   If th e circumstances mentioned in subsection   ( 1) apply in relation to a * tax period or a * fuel tax return period applying to you, you may work out your * net fuel amount for the tax period or fuel tax return period in that way.

4   Section   110 - 5

Insert:

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



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