Chapter 4
-
The special rules
Part 4-7
-
Special rules mainly about returns, payments and refunds
Note:
The special rules in this Part mainly modify the operation of
Part 2-7
, but they may affect other Parts of
Chapter 2
in minor ways.
Division 162
-
Payment of GST by instalments
Subdivision 162-B
-
Consequences of electing to pay GST by instalments
162-90
The effect of incapacitation or cessation
(1)
If a
*GST instalment payer
becomes an
*incapacitated entity
, or for any reason ceases to exist, the GST instalment payer must give the
*GST return
, for the
*instalment 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 instalment tax period; or
(b)
within such further period as the Commissioner allows.
History
S 162-90(1) substituted by No 118 of 2009, s 3 and Sch 1 item 40, effective 4 December 2009. S 162-90(1) formerly read:
(1)
If:
(a)
a *GST instalment payer who is an individual becomes bankrupt; or
(b)
a GST instalment payer that is not an individual goes into liquidation or receivership or for any reason ceases to exist;
the GST instalment payer must give the *GST return, for the *instalment 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 instalment tax period; or
(d)
within such further period as the Commissioner allows.
(2)
If the *
assessed net amount
for the *instalment tax period is greater than zero, the *GST instalment payer must pay the assessed net amount to the Commissioner on or before the 21st day of the month following the end of the instalment tax period.
History
S 162-90(2) amended by No 39 of 2012, s 3 and Sch 1 items 102 and 103, 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 162-60
(which is about when GST instalment payers must give GST returns) and
162-110
(which is about when GST instalment payers must pay assessed net amounts).
History
S 162-90(3) amended by No 39 of 2012, s 3 and Sch 1 item 104, 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 162-90 inserted by No 73 of 2001, s 3 and Sch 1 item 29, applicable in relation to net amounts for tax periods starting, or that started, on or after 1 July 2000.