Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020

SECTION 6   ENTITLEMENT TO CASH FLOW BOOST - SECOND BOOSTS  

6(1)    
An entity is entitled to a payment (also known as a cash flow boost ) for a period covered by subsection (2) if:

(a) the period covered by subsection (2) applies to the entity under subsection (3); and

(b) the entity is entitled to one or more cash flow boosts for periods covered by subsection 5(2) ; and

(c) the entity notifies the Commissioner, in the approved form lodged with the Commissioner, in respect of the entitlement; and

(d) either:

(i) the entity is an ACNC-registered charity at any time in the period; or

(ii) the entity had an ABN on 12 March 2020 (or a later time allowed by the Commissioner), and the requirement in subsection (5) or (6) is satisfied; and

(e) neither the entity nor any associate or agent of the entity has entered into or carried out a scheme or part of a scheme for the sole or dominant purpose of achieving any of the following:

(i) making the entity entitled to the cash flow boost for the period;

(ii) increasing the amount of the cash flow boost to which the entity is entitled (disregarding this paragraph) for the period.

6(2)    
The following periods are covered by this subsection:

(a) the months of June 2020, July 2020, August 2020 and September 2020;

(b) the quarters ending on 30 June 2020 and 30 September 2020.

Note:

An entity may be entitled to a cash flow boost under subsection (1) for the month of June 2020 or the quarter ending on 30 June 2020, and also be entitled to a cash flow boost under subsection 5(1) for the same month or quarter.

6(3)    
A period applies to an entity if:

(a) for a period that is a month - the entity is a large withholder or a medium withholder for the month; or

(b) for a period that is a quarter:

(i) the entity is a small withholder for a month that starts in the quarter; or

(ii) the entity is not a large withholder, a medium withholder or a small withholder for a month that starts in the quarter.

6(4)    
For the purposes of subsection (3):

(a) treat an entity that is a large withholder or a medium withholder for the first month in a quarter as being a large withholder or a medium withholder for each month in the quarter; and

(b) treat an entity that is a small withholder for the first month in a quarter as being a small withholder for each month in the quarter.

6(5)    
For the purposes of paragraph (1)(d), the requirement in this subsection is satisfied if:

(a) an amount was included in the entity ' s assessable income for the 2018-19 income year in relation to it carrying on a business; and

(b) the Commissioner had notice on or before 12 March 2020 (or a later time allowed by the Commissioner) that the amount should be so included.

6(6)    
For the purposes of paragraph (1)(d), the requirement in this subsection is satisfied if:

(a) the entity made a taxable supply in a tax period that applied to it that:

(i) started on or after 1 July 2018; and

(ii) ended before 12 March 2020; and

(b) the Commissioner had notice on or before 12 March 2020 (or a later time allowed by the Commissioner) that the entity had made the taxable supply.

6(7)    
For the purposes of subsection (6), in determining whether the entity made a supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999) that is a taxable supply:

(a) assume that the entity is registered (within the meaning of that Act); and

(b) assume that the supply is neither GST-free (within the meaning of that Act) nor input taxed (within the meaning of that Act); and

(c) for an entity carrying on business solely in the external Territories - assume that the external Territories are part of the indirect tax zone (within the meaning of that Act).