CHAPTER 3
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FUEL TAX CREDITS
PART 3-1
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BASIC RULES
Division 41
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Fuel tax credits for business taxpayers and non-profit bodies
Subdivision 41-A
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Entitlement rules for fuel tax credits
SECTION 41-5
FUEL TAX CREDIT FOR FUEL TO BE USED IN CARRYING ON YOUR ENTERPRISE
41-5(1)
You are entitled to a fuel tax credit for taxable fuel that you acquire or manufacture in, or import into, the indirect tax zone to the extent that you do so for use in *carrying on your *enterprise.
Note 1:
Other provisions can affect your entitlement to the credit. (For example, see Subdivision
41-B
.)
Note 2:
Fuel is taken to have been used if it is blended as specified in a determination made under section
95-5
.
History
S 41-5(1) amended by No 70 of 2015, s 3 and Sch 6 item 6, by substituting
"
the indirect tax zone
"
for
"
Australia
"
, applicable to taxable fuel acquired, manufactured or imported on or after 1 July 2015.
S 41-5(1) amended by No 73 of 2006, s 3 and Sch 3 item 37, by omitting
"
of this Act and Part 3 of Schedule 3 to the
Fuel Tax (Consequential and Transitional Provisions) Act 2006
"
after
"
Subdivision 41-B
"
in note 1, effective 1 July 2012.
S 41-5(1) amended by
No 42 of 2009
, s 3 and Sch 7 item 1, by substituting
"
Subdivision 41-B
"
for
"
Subdivisions 41-B and 45-A
"
in Note 1, effective 1 July 2009. For application provision, see note under former Div
45
heading.
41-5(2)
Registration for GST
However, you are only entitled to the fuel tax credit if, at the time you acquire, manufacture or import the fuel, you are *registered for GST, or *required to be registered for GST.
41-5(3)
Subsection (2) does not apply if, at the time you acquire, manufacture or import the fuel:
(a)
you are a non-profit body; and
(b)
you acquire, manufacture or import the fuel for use in a vehicle (or vessel) that:
(i)
provides emergency services; and
(ii)
is clearly identifiable as such.
History
S 41-5(3) amended by No 83 of 2014, s 3 and Sch 1 item 112, by substituting
"
vehicle (or vessel)
"
for
"
vehicle, vessel or aircraft
"
in para (b), applicable to taxable fuel acquired, manufactured or imported on or after 1 July 2014.
S 41-5(3) amended by No 157 of 2011, s 3 and Sch 1 item 5, by substituting
"
vehicle, vessel or aircraft
"
for
"
vehicle (or vessel)
"
in para (b), applicable to fuel acquired, manufactured or imported on or after 1 July 2012.