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

Chapter 4 - The special rules  

Part 4-6 - Special rules mainly about tax periods  

Note:

The special rules in this Part mainly modify the operation of Part 2-6 , but they may affect other Parts of Chapter 2 in minor ways.

Division 151 - Annual tax periods  

Subdivision 151-A - Electing to have annual tax periods  

151-25   Duration of an annual tax period election  

General rule

(1)    

Your election ceases to have effect if:

(a) you revoke it by notifying the Commissioner in the * approved form ; or

(b) the Commissioner disallows it under subsection (3) ; or

(c) on 31 July in a * financial year , you are * required to be registered .

(d) (Repealed by No 74 of 2010)

Your election also ceases to have effect at the end of your tax period under subsection 27-39(1) , at the end of your concluding tax period under section 27-40 , or at the end of a tax period applying to you to which subsection 151-55(1) applies.

Revocation

(2)    
A revocation of your election is taken to have had, or has, effect:

(a) if you notify the Commissioner on or before 28 October in a financial year - from the start of that * financial year ; or

(b) if you notify the Commissioner after 28 October in a financial year - from the start of the next financial year.

Disallowance

(3)    
The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a * taxation law .

Note:

Disallowing your election is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953 ).

(4)    
A disallowance of your election is taken to have had effect:

(a) if the Commissioner notifies you of the disallowance during the * financial year in which your election first took effect - from the start of the tax period in which it first took effect; or

(b) if the Commissioner notifies you of the disallowance on or before 28 October during a later financial year - from the start of that later financial year; or

(c) if the Commissioner notifies you of the disallowance after 28 October during a later financial year - from the start of the financial year immediately following that later financial year.

Becoming subject to a requirement to register

(5)    
If paragraph (1)(c) applies, your election is taken to have ceased to have effect from the start of the *financial year referred to in that paragraph.