Chapter 2
-
The basic rules
Part 2-6
-
Tax periods
Division 27
-
How to work out the tax periods that apply to you
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 the indirect tax zone 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
).
History
S 27-15(1) amended by No 2 of 2015, s 3 and Sch 4 item 31, by substituting
"
the indirect tax zone
"
for
"
Australia
"
in para (b), applicable to a tax period that commences on or after 1 July 2015.
S 27-15(1) amended by No 80 of 2007, s 3 and Sch 2 item 4, by substituting
"
*GST turnover
"
for
"
*annual turnover
"
in para (a), applicable in relation to net amounts for tax periods starting on or after 1 July 2007.
S 27-15(1) amended by
No 73 of 2006
, s 3 and Sch 5 item 74, by substituting
"
Subdivision 110-F in Schedule 1 to
"
for
"
Division 7 of Part VI of
"
in the note, effective 1 July 2006.
S 27-15(1) amended by No 73 of 2001, s 3 and Sch 1 items 63 and 64, by substituting
"
law.
"
for
"
law; or
"
and by repealing para (d), applicable in relation to tax periods starting on or after 1 July 2001. Paragraph (d) formerly read:
(d)
your *income year is not the same as the *financial year.
S 66(2) of No 73 of 2001 provided:
Any determination made under section 27-15 of the
A New Tax System (Goods and Services Tax) Act 1999
that:
(a)
is in force immediately before 1 July 2001; and
(b)
could not have been made on any ground other than the ground referred to in paragraph 27-15(1)(d) of that Act;
is taken, on and after 1 July 2001, to have been revoked with effect from the start of that day.
(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
).
History
S 27-15(2) amended by
No 73 of 2006
, s 3 and Sch 5 item 75, by substituting
"
Subdivison 110-F in Schedule 1 to
"
for
"
Division 7 of Part VI of
"
in the note, effective 1 July 2006.
(2A)
(Repealed by No 73 of 2001)
History
S 27-15(2A) repealed by No 73 of 2001, s 3 and Sch 1 item 65, applicable in relation to tax periods starting on or after 1 July 2001. S 27-15(2A) formerly read:
(2A)
Paragraph (1)(d) does not apply to an entity that meets the requirements of subsection 63-5(2) for choosing to apply Division 63 (whether or not the entity chooses to apply that Division).
S 66(2) of No 73 of 2001 provided:
Any determination made under section 27-15 of the
A New Tax System (Goods and Services Tax) Act 1999
that:
(a)
is in force immediately before 1 July 2001; and
(b)
could not have been made on any ground other than the ground referred to in paragraph 27-15(1)(d) of that Act;
is taken, on and after 1 July 2001, to have been revoked with effect from the start of that day.
S 27-15(2A) inserted by No 92 of 2000, s 3 and Sch 1 item 2, effective 1 July 2000.
(3)
The
tax period turnover threshold
is:
(a)
$20 million; or
(b)
such other amount as the regulations specify.
However, if the regulations change the tax period turnover threshold, the change does not apply to you until the start of the next tax period that starts after the regulation in question comes into operation.