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

Chapter 4 - The special rules  

Part 4-7 - Special rules mainly about returns, payments and refunds  

Note:

The special rules in this Part mainly modify the operation of Part 2-7 , but they may affect other Parts of Chapter 2 in minor ways.

Division 162 - Payment of GST by instalments  

Subdivision 162-A - Electing to pay GST by instalments  

162-30   Duration of your 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) in a case to which subparagraph 162-5(1)(a)(i) applied - you are not a * small business entity of the kind referred to in that subparagraph for an * income year ; or

(ca) in a case to which subparagraph 162-5(1)(a)(ii) applied - on 31 July in a * financial year , you do not satisfy the requirements of that subparagraph; or

(d) during a financial year, you become a *limited registration entity; or

(e) in a case where you are the * representative member of a * GST group - the membership of the GST group changes.

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 162-85(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.

Not being a small business entity for an income year

(5)    

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

Failing to satisfy the requirements of subparagraph 162-5(1)(a)(ii)

(5A)    

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

Becoming a limited registration entity

(6)    

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