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  

162-5   Eligibility to elect to pay GST by instalments  

(1)    
You are eligible to elect to pay GST by instalments if:

(a) either:

(i) you are a * small business entity (other than because of subsection 328-110(4) of the * ITAA 1997 ) for the * income year in which you make your election; or

(ii) you do not carry on a * business and your * GST turnover does not exceed the * instalment turnover threshold ; and

(b) the current tax period applying to you is not affected by:

(i) an election under section 27-10 (election of one month tax periods); or

(ii) a determination under section 27-15 (determination of one month tax periods); or

(iii) a determination under section 27-37 (special determination of tax periods on request); and

(c) your * current GST lodgment record is at least 4 months; and

(d) you have complied with all your obligations to give * GST returns to the Commissioner; and

(e) you are not in a * net refund position ; and

(f) you are not a *limited registration entity.

(2)    
The instalment turnover threshold is:

(a) $2 million; or

(b) such higher amount as the regulations specify.

(3)    

You are in a net refund position if the sum of all your * assessed net amounts is less than zero, for the tax periods for which * GST returns fell due during the period referred to in the relevant item in the third column of this table.

When you are in a net refund position
Item	If your *current GST lodgment record is …	Take into account this period to work out whether you are in a net refund position:
1	at least 13 months	the 12 months preceding the current tax period applying to you
2	at least 10 months, but less than 13 months	the 9 months preceding that current tax period
3	at least 7 months, but less than 10 months	the 6 months preceding that current tax period
4	less than 7 months	the 3 months preceding that current tax period

(4)    
(Repealed by No 39 of 2012)