Fuel Tax Act 2006

CHAPTER 3 - FUEL TAX CREDITS  

PART 3-1 - BASIC RULES  

Division 44 - Increasing and decreasing fuel tax adjustments  

Subdivision 44-A - Increasing and decreasing fuel tax adjustments  

SECTION 44-5   INCREASING AND DECREASING FUEL TAX ADJUSTMENTS FOR CHANGE OF CIRCUMSTANCES  

44-5(1)    

You have a *fuel tax adjustment if you use fuel, or make a *taxable supply of fuel, and the *amount of the fuel tax credit to which you would have been entitled for the use or supply would have been different from the amount to which you are or were entitled if one or both of the following were to apply:

(a) you had originally acquired, manufactured or imported the fuel to use or make a taxable supply in the circumstances in which you did use, or make a taxable supply of, the fuel;

(b) an alteration of a kind referred to in subsection 43-6(2) that:

(i) under that subsection, had been taken to have effect as if it is an amendment of an Act; and

(ii) under subsection 43-6(3) ceased to be taken to have that effect;

had never been proposed as mentioned in subsection 43-6(2) .

44-5(2)    
The *amount of the adjustment is the difference between the 2 amounts.

Note:

Division 65 sets out which tax period or fuel tax return period the fuel tax adjustment is attributable to.

44-5(3)   Decreasing fuel tax adjustments  

The *fuel tax adjustment is a decreasing fuel tax adjustment if the *amount to which you would have been entitled is greater than the amount to which you are or were entitled.

44-5(4)   Increasing fuel tax adjustments  

The *fuel tax adjustment is an increasing fuel tax adjustment if the *amount to which you are or were entitled is greater than the amount to which you would have been entitled.

Example:

You acquire taxable fuel to use in a harvester in carrying on your farming enterprise, so you are paid a fuel tax credit for the fuel. Later on, you use the fuel to transport wheat in a vehicle of more than 4.5 tonnes travelling on a public road. As your fuel tax credit would have been reduced by the amount of the road user charge, you have an increasing fuel tax adjustment of the difference between the 2 amounts.