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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
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 obligation to pay arises for any of your net amounts that are less than zero.
35-5 Entitlement to refund
(1) If the *net amount for a tax 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, and section 105-65 in Schedule 1 to, the Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division 3 of Part IIB 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 refunding the amount.
(2) However, if the amount paid, or applied under the Taxation Administration Act 1953 , exceeds the amount to which you are properly entitled under subsection (1), the excess is to be treated as if it were GST that became payable, and due for payment, by you at the time when the amount was paid or applied.
Note: The main effect of treating the amount as if it were GST is to apply 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.
35–10 When entitlement arises
Your entitlement to be paid an amount under section 35-5 arises when you give the Commissioner a *GST return.
35–99 Special rules relating to refunds
Chapter 4 contains special rules relating to refunds, as follows:
Checklist of special rules
Item
For this case …
See:
1
Anti-avoidance
Division 165
2
GST branches
Division 54
3
GST joint ventures
Division 51
4
Tourist refund scheme
Division 168
Note: Section 105-65 in Schedule 1 to the Taxation Administration Act 1953also relates to refunds of net amounts.
Part 2–8—Checklist of special rules
Division 37—Checklist of special rules
37-1 Checklist of special rules
The provisions set out in the table contain special rules relating to the matters indicated.
Checklist of special rules
Item
For this case…
See:
1AA
Accounting basis of charitable institutions etc.
Division 157
1
Agents and insurance brokers
Division 153
1A
Annual apportionment of creditable purpose
Division 131
1B
Annual tax periods
Division 151
2
Anti-avoidance
Division 165
3
Associates
Division 72
3A
Bad debts relating to transactions that are not taxable or creditable to the fullest extent
Division 136
4
Cancelled lay-by sales
Division 102
5
Cessation of registration
Division 138
6
Changes in the extent of creditable purpose
Division 129
7
Changing your accounting basis
Division 159
8
Company amalgamations
Division 90
8A
Compulsory third party schemes
Division 79
9
Customs security etc. given for taxable importations
Division 171
10
Deposits as security
Division 99
10A
Distributions from deceased estates
Division 139
11
Financial supplies (reduced credit acquisitions)
Division 70
11A
Fringe benefits provided by input taxed suppliers
Division 71
12
Gambling
Division 126
12A
Goods applied solely to private or domestic use
Division 130
12B
Government entities
Division 149
13
GST branches
Division 54
14
GST groups
Division 48
15
GST joint ventures
Division 51
15A
GST religious groups
Division 49
17
Importations without entry for home consumption
Division 114
18
Insurance
Division 78
19
Long-term accommodation in commercial residential premises
Division 87
20
Non-deductible expenses
Division 69
20A
Non-profit sub-entities
Division 63
20B
Non-residents making supplies connected with