A New Tax System (Goods and Services Tax) Act 1999
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-A - Electing to pay GST by instalments 162-5 Eligibility to elect to pay GST by instalments (1)You are eligible to elect to pay GST by instalments if:
(a) either:
(i) you are a * small business entity (other than because of subsection 328-110(4) of the * ITAA 1997 ) for the * income year in which you make your election; or
(ii) you do not carry on a * business and your * GST turnover does not exceed the * instalment turnover threshold ; and
(b) the current tax period applying to you is not affected by:
(i) an election under section 27-10 (election of one month tax periods); or
(ii) a determination under section 27-15 (determination of one month tax periods); or
(iii) a determination under section 27-37 (special determination of tax periods on request); and
(c) your * current GST lodgment record is at least 4 months; and
(d) you have complied with all your obligations to give * GST returns to the Commissioner; and
(e) you are not in a * net refund position ; and
(f) you are not a *limited registration entity.
View history note
Hide history note(2)
The instalment turnover threshold is:
(a) $2 million; or
(b) such higher amount as the regulations specify.
(3)
You are in a net refund position if the sum of all your * assessed net amounts is less than zero, for the tax periods for which * GST returns fell due during the period referred to in the relevant item in the third column of this table.
| When you are in a net refund position | ||
| Item | If your *current GST lodgment record is … | Take into account this period to work out whether you are in a net refund position: |
| 1 | at least 13 months | the 12 months preceding the current tax period applying to you |
| 2 | at least 10 months, but less than 13 months | the 9 months preceding that current tax period |
| 3 | at least 7 months, but less than 10 months | the 6 months preceding that current tax period |
| 4 | less than 7 months | the 3 months preceding that current tax period |
(4)
(Repealed by No 39 of 2012)
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