A New Tax System (Goods and Services Tax) Act 1999

Chapter 2 - The basic rules

Part 2-7 - Returns, payments and refunds

Division 35 - Refunds

35-10 When entitlement arises

Your entitlement to be paid an amount under section 35-5 arises when the Commissioner gives you notice of the * assessment of your * net amount for the tax period.

Note:

In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your GST return (see section 155-15 in Schedule 1 to the Taxation Administration Act 1953 ).

View history note

History

S 35-10 substituted by No 39 of 2012, s 3 and Sch 1 item 68, 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 35-10 formerly read:

35-10 When entitlement arises
Your entitlement to be paid an amount under section 35-5 arises when you give the Commissioner a * GST return .

S 35-10 amended by No 73 of 2001, s 3 and Sch 1 item 10, by omitting " under section 31-5 or 31-20 " from after " a *GST return " , applicable in relation to GST returns, and net amounts, for tax periods ending on or after 22 February 2001.

S 35-10 inserted by No 92 of 2000, s 3 and Sch 9 item 7, applicable to things done on or after 1 July 2000, but not applicable to a return, statement, notice or other document, or a statement made or scheme entered into, in relation to the year starting on or after 1 July 1999 or an earlier year.

Former s 35-10 repealed by No 179 of 1999, s 3 and Sch 15 item 2, effective 1 July 2000. Former s 35-10 read:

35-10 How refunds are made
(1)
The Commissioner must pay any *net amounts payable to you under section 35-5 to the credit of a *financial institution account nominated and maintained by you.

(1A)
The account must be an account maintained in Australia.
View history note

Hide history note

History

S 35-10(1A) inserted by No 176 of 1999, s 3 and Sch 1 item 49, effective 1 July 2000.

(2)
However, the Commissioner may direct that any *net amounts payable to you under section 35-5 be paid to you in a different way.

(3)
If you have not nominated a *financial institution account for the purposes of this section and a direction has not been made under subsection (2) relating to you, the Commissioner is not obliged to pay any refunds to you until you nominate an account for the purposes of this section.

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