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A New Tax System (Goods and Services Tax) Act. Australia
Читать онлайн.Название A New Tax System (Goods and Services Tax) Act
Год выпуска 0
isbn 9785392081721
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
(a) you have applied for cancellation of registration in the *approved form; and
(b) at the time you applied for cancellation of registration, you had been registered for at least 12 months; and
(c) the Commissioner is satisfied that you are not *required to be registered.
Note: Refusing to cancel your registration under this subsection is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(2) The Commissioner must cancel your *registration (even if you have not applied for cancellation of your registration) if:
(a) the Commissioner is satisfied that you are not *carrying on an *enterprise; and
(b) the Commissioner believes on reasonable grounds that you are not likely to carry on an enterprise for at least 12 months.
Note: Cancelling your registration under this subsection is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(3) The Commissioner must notify you of any decision he or she makes in relation to you under this section. If the Commissioner decides to cancel your registration, the notice must specify the date of effect of the cancellation.
25–57 When the Commissioner may cancel your registration
(1) The Commissioner may cancel your *registration if:
(a) less than 12 months after being registered, you apply for cancellation of registration in the *approved form; and
(b) the Commissioner is satisfied that you are not *required to be registered.
Note: Refusing to cancel your registration under this subsection is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(2) In considering your application, the Commissioner may have regard to:
(a) how long you have been *registered; and
(b) whether you have previously been registered; and
(c) any other relevant matters.
(3) The Commissioner must notify you of any decision he or she makes in relation to you under this section. If the Commissioner decides to cancel your registration, the notice must specify the date of effect of the cancellation.
25–60 The date of effect of your cancellation
(1) The Commissioner must decide the date on which the cancellation of your *registration under subsection 25–55(1) or (2) or section 25–57 takes effect. That date may be any day occurring before, on or after the day on which the Commissioner makes the decision.
Note: Deciding the date of effect of the cancellation of your registration is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(2) The *Australian Business Registrar must enter in the *Australian Business Register the date on which the cancellation of your *registration takes effect.
25–65 Effect of backdating your cancellation of registration
If the Commissioner decides under section 25–60, as the date of effect of the cancellation of your *registration (your cancellation day), a day before the day of the decision, your registration is taken:
(a) for the purpose of determining whether a supply you made on or after your cancellation day was a *taxable supply; and
(b) for the purpose of determining whether an acquisition you made on or after that day was a *creditable acquisition; and
(c) for the purpose of determining whether an importation you made on or after that date was a *creditable importation;
to have been cancelled from and including your cancellation day.
25–99 Special rules relating to cancellation of registration
Chapter 4 contains special rules relating to cancellation of *registration in particular cases, as follows:
Checklist of special rules
Item
For this case…
See:
1A
Government entities
Division 149
1
GST branches
Division 54
1B
Non-profit sub-entities
Division 63
2
Representatives of incapacitated entities
Division 58
3
Resident agents acting for non-residents
Division 57
Part 2–6—Tax periods
Division 27—How to work out the tax periods that apply to you
27-1 What this Division is about
This Division tells you the tax periods that apply to you. You need to know this because your net amounts (the amounts payable by you or to you) are worked out in respect of these tax periods.
27-5 General rule—3 month tax periods
The tax periods that apply to you are each period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year, except to the extent that:
(a) an election is in force under section 27–10; or
(b) the Commissioner determines otherwise under this Division.
Note: Several provisions in Chapter 4 provide for different tax periods. In particular, Division 151 provides for annual tax periods.
27–10 Election of one month tax periods
(1) The tax periods that apply to you are each individual month if, by notifying the Commissioner in the *approved form, you elect to have as the tax periods that apply to you each individual month.
(2) The election takes effect on the day specified in the notice. However, the day specified must be 1 January, 1 April, 1 July or 1 October.
27–15 Determination of one month tax periods
(1) The Commissioner must determine that the tax periods that apply to you are each individual month if:
(a) the Commissioner is satisfied that your *GST turnover meets the *tax period turnover threshold; or
(b) the Commissioner is satisfied that the period for which you will be *carrying on an *enterprise in Australia is less than 3 months; or
(c) the Commissioner is satisfied that you have a history of failing to comply with your obligations under a *taxation law.
Note: Determining under this section the tax periods applying to you is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(2) The determination takes effect on the day specified in the determination. However, the day specified must be 1 January, 1 April, 1 July or 1 October.
Note: Deciding the date of effect of the determination is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953).
(3) The tax period turnover threshold is:
(a) $20 million; or
(b) such other amount as the regulations