Chapter 4
-
The special rules
Part 4-2
-
Special rules mainly about supplies and acquisitions
Note:
The special rules in this Part mainly modify the operation of
Part 2-2
, but they may affect other Parts of
Chapter 2
in minor ways.
Division 78
-
Insurance
Subdivision 78-D
-
Insured entities that are not registered etc.
78-90
Payments of GST
(1)
An entity that is not *
registered
or *
required to be registered
during a particular month must pay to the Commissioner:
(a)
amounts of *
assessed GST
on *
taxable supplies
under section
78-50
that it makes during that month; and
(b)
*
assessed amounts
of *
increasing adjustments
that it has that arise, during that month, in relation to supplies that are taxable supplies under section
78-50
.
History
S 78-90(1) substituted by No 39 of 2012, s 3 and Sch 1 item 80, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. No 39 of 2012, s 3 and Sch 1 item 241 also contains the following savings provision:
241 Savings provision
(1)
A specification:
(a)
made by the Commissioner for the purposes of subsection
78-90(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
; and
(b)
in force just before the commencement of this item
[
1 July 2012];
has effect, from that commencement, as if it had been made for the purposes of paragraph
78-90(1A)(b)
of that Act as in force after that commencement.
(2)
A specification:
(a)
made by the Commissioner for the purposes of subsection
105-20(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
; and
(b)
in force just before the commencement of this item
[
1 July 2012];
has effect, from that commencement, as if it had been made for the purposes of paragraph
105-20(1A)(b)
of that Act as in force after that commencement.
S 78-90(1) formerly read:
(1)
If an entity is not *registered or *required to be registered during a particular month, it must pay:
(a)
amounts of GST on *taxable supplies under
section 78-50
that it makes during that month; and
(b)
amounts of *increasing adjustments that it has that arise, during that month, in relation to supplies that are *taxable supplies under section 78-50;
within 21 days after the end of the month, and at the place and in the manner specified by the Commissioner.
S 78-90(1) amended by No 177 of 1999, s 3 and Sch 1 item 94, by substituting
"
section 78-50
"
for
"
section 78-30
"
in paras (a) and (b), effective 1 July 2000.
(1A)
The entity must pay each amount:
(a)
on or before the later of:
(i)
the 21st day after the end of the month; and
(ii)
the day the Commissioner gives notice of the relevant *assessment to the entity under section 155-10 in Schedule 1 to the
Taxation Administration Act 1953
; and
(b)
at the place and in the manner specified by the Commissioner.
History
S 78-90(1A) inserted by No 39 of 2012, s 3 and Sch 1 item 80, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. For savings provision, see note under s 78-90(1).
(2)
This section has effect despite
Division 33
(which is about payments of GST).