Chapter 4
-
The special rules
Part 4-6
-
Special rules mainly about tax periods
Note:
The special rules in this Part mainly modify the operation of
Part 2-6
, but they may affect other Parts of Chapter 2 in minor ways.
Division 151
-
Annual tax periods
History
Div 151 inserted by No 134 of 2004, s 3 and Sch 1 item 11, applicable in relation to net amounts for tax periods starting, or that started, on or after:
(a) for entities that, on 1 October 2004, had quarterly tax periods applying to them
-
1 October 2004; or
(b) for other entities
-
1 November 2004.
Subdivision 151-B
-
Consequences of electing to have annual tax periods
History
Subdiv 151-B inserted by No 134 of 2004, s 3 and Sch 1 item 11, applicable in relation to net amounts for tax periods starting, or that started, on or after:
(a) for entities that, on 1 October 2004, had quarterly tax periods applying to them
-
1 October 2004; or
(b) for other entities
-
1 November 2004.
151-60
The effect of incapacitation or cessation
(1)
If an entity becomes an
*incapacitated entity
, or the entity for any reason ceases to exist, the entity must give the
*GST return
, for the
*annual tax period
that ends as a result, to the Commissioner:
(a)
on or before the 21st day of the month following the end of the annual tax period; or
(b)
within such further period as the Commissioner allows.
History
S 151-60(1) substituted by No 118 of 2009, s 3 and Sch 1 item 34, effective 4 December 2009. S 151-60(1) formerly read:
(1)
If:
(a)
an entity who is an individual becomes bankrupt; or
(b)
an entity that is not an individual goes into liquidation or receivership or for any reason ceases to exist;
the entity must give the *GST return, for the *annual tax period that ends because of the bankruptcy, liquidation, receivership or cessation, to the Commissioner:
(c)
on or before the 21st day of the month following the end of the annual tax period; or
(d)
within such further period as the Commissioner allows.
(2)
If the *
assessed net amount
for the *
annual tax period
is greater than zero, the entity must pay the assessed net amount to the Commissioner on or before the 21st day of the month following the end of the annual tax period.
History
S 151-60(2) amended by No 39 of 2012, s 3 and Sch 1 items 98 and 99, by substituting
"
*assessed net amount for
"
for
"
*net amount for
"
and
"
assessed net amount to
"
for
"
net amount to
"
, 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.
(3)
This section has effect despite sections
151-45
(which is about when GST returns for annual tax periods must be given) and
151-50
(which is about when payments of assessed net amounts for annual tax periods must be made).
History
S 151-60(3) amended by No 39 of 2012, s 3 and Sch 1 item 100, by substituting
"
assessed net amounts
"
for
"
net amounts
"
, 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 151-60 inserted by No 134 of 2004, s 3 and Sch 1 item 11, applicable in relation to net amounts for tax periods starting, or that started, on or after:
(a) for entities that, on 1 October 2004, had quarterly tax periods applying to them
-
1 October 2004; or
(b) for other entities
-
1 November 2004.