Coronavirus Economic Response Package (Payments and Benefits) Rules 2020

PART 2 - JOBKEEPER PAYMENT  

Division 2 - Entitlement based on paid employees  

SECTION 8B   ACTUAL DECLINE IN TURNOVER TEST  

8B(1)    
An entity satisfies the actual decline in turnover test for a jobkeeper fortnight if the entity would satisfy the decline in turnover test (see sections 8 and 8A ) at a time in the quarter applicable to the fortnight under subsection (2) if:

(a) the turnover test period were the quarter, instead of the period determined under paragraph 8(7)(a) or (aa) ; and

(b) instead of projected GST turnover, current GST turnover were used (including in subsection 8A(3) , and in applying an alternative decline in turnover test determined by the Commissioner under subsection 8(6) ).

Quarter in which actual decline in turnover test must be satisfied

8B(2)    
For the purposes of subsection (1), the quarter applicable to a jobkeeper fortnight beginning on or after 28 September 2020 is as set out in the following table.

Quarter for which actual decline in turnover test must be satisfied
Item	If the fortnight begins:	the quarter is the quarter ending on:
1	before 4 January 2021	30 September 2020
2	on or after 4 January 2021	31 December 2020

Commissioner determination

8B(3)    
In calculating an entity ' s current GST turnover for a quarter for the purposes of the actual decline in turnover test, if:

(a) the Commissioner has made a determination under subsection (4) requiring a class of supplies to be treated as if they had been made at a time or times different from the time at which the supplies were actually made; and

(b) the determination applies to a supply made by the entity;

then the supply is to be treated as if it had been made at the time or times applicable under the determination.

8B(4)    
The Commissioner may, by legislative instrument, determine that the supplies in a class of supplies are to be treated as if they had been made at a time or times different from the time at which the supplies were actually made.

8B(5)    
In considering whether to make a determination under subsection (4), the Commissioner must consider:

(a) the tax period to which GST payable by the entity on supplies in the class is attributable for the purposes of the GST Act; and

(b) any other matter the Commissioner considers relevant.

8B(6)    
A determination under subsection (4) may not be made in relation to a supply that is not a supply for the purposes of the GST Act.