CHAPTER 4
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COMMON RULES
PART 4-1
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NET FUEL AMOUNTS
Division 61
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Returns, refunds and payments
Subdivision 61-A
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Returns, refunds and payments
SECTION 61-5
ENTITLEMENT TO A REFUND
61-5(1)
If your *assessed net fuel amount for a *tax period or *fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that *amount (expressed as a positive amount) to you.
Note 1:
See Division
3A
of Part
IIB
of the
Taxation Administration Act 1953
for the rules about how the Commissioner must pay you. Division
3
of Part
IIB
of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.
Note 2:
Interest is payable under the
Taxation (Interest on Overpayments and Early Payments) Act 1983
if the Commissioner is late in paying the amount.
61-5(2)
However, if:
(a)
the Commissioner amends the *assessment of your *net fuel amount for a *tax period or *fuel tax return period; and
(b)
your *assessed net fuel amount before the amendment was less than zero; and
(c)
the *amount that, because of the assessment, was:
(i)
paid; or
(ii)
applied under the
Taxation Administration Act 1953
;
exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;
you must pay the excess to the Commissioner as if:
(d)
the excess were an assessed net fuel amount for that period; and
(e)
that assessed net fuel amount were an amount greater than zero and equal to the amount of the excess; and
(f)
despite section
61-10
, that assessed net fuel amount became payable, and due for payment, by you at the time when the amount was paid or applied.
Note:
Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Part
3-10
in Schedule
1
to the
Taxation Administration Act 1953
, such as a liability to pay the general interest charge under section
105-80
in that Schedule.
History
S 61-5 substituted by No 39 of 2012, s 3 and Sch 1 item 173, 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.
S 61-5 formerly read:
SECTION 61-5 ENTITLEMENT TO A REFUND
61-5(1)
If your *net fuel amount for a *tax period or *fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that *amount (expressed as a positive amount) to you.
Note 1:
See Division 3A of Part IIB of the
Taxation Administration Act 1953
for the rules about how the Commissioner must pay you. Division 3 of Part IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.
Note 2:
Interest is payable under the
Taxation (Interest on Overpayments and Early Payments) Act 1983
if the Commissioner is late in paying the amount.
61-5(2)
Your entitlement to be paid an *amount under subsection (1) arises when you give the Commissioner a return.
61-5(3)
However, if the amount (the
refund
) paid, or applied under the
Taxation Administration Act 1953
, for a *tax period or *fuel tax return period exceeds the *amount to which you are properly entitled under subsection (1) for that period, you must pay the excess to the Commissioner as if:
(a)
the excess were a *net fuel amount for that period; and
(b)
that net fuel amount were an amount greater than zero and equal to the excess; and
(c)
despite section
61-10
, that net fuel amount became payable, and due for payment, by you at the time when the refund was paid or applied.
Note:
Treating the excess as if it were a net fuel amount has the effect of applying the collection and recovery rules in Part
3-10
in Schedule
1
to the
Taxation Administration Act 1953
, such as a liability to pay the general interest charge under section
105-80
in that Schedule.
History
S 61-5(3) inserted by No 20 of 2010, s 3 and Sch 5 item 6, applicable in relation to amounts payable under subsection
61-5(1)
of the
Fuel Tax Act 2006
for tax periods, and fuel tax return periods starting on or after 24 March 2010.
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