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

Chapter 4 - The special rules

Part 4-2 - Special rules mainly about supplies and acquisitions

Note:

The special rules in this Part mainly modify the operation of Part 2-2 , but they may affect other Parts of Chapter 2 in minor ways.

Division 78 - Insurance

Subdivision 78-D - Insured entities that are not registered etc.

78-90 Payments of GST

(1)

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An entity that is not * registered or * required to be registered during a particular month must pay to the Commissioner:

(a) amounts of * assessed GST on * taxable supplies under section 78-50 that it makes during that month; and

View history reference

(b) * assessed amounts of * increasing adjustments that it has that arise, during that month, in relation to supplies that are taxable supplies under section 78-50 .

View history reference

View history note

History

S 78-90(1) substituted by No 39 of 2012, s 3 and Sch 1 item 80, 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. No 39 of 2012, s 3 and Sch 1 item 241 also contains the following savings provision:

241 Savings provision
(1)
A specification:

(a) made by the Commissioner for the purposes of subsection 78-90(1) of the A New Tax System (Goods and Services Tax) Act 1999 ; and

(b) in force just before the commencement of this item [ 1 July 2012];
has effect, from that commencement, as if it had been made for the purposes of paragraph 78-90(1A)(b) of that Act as in force after that commencement.

(2)
A specification:

(a) made by the Commissioner for the purposes of subsection 105-20(1) of the A New Tax System (Goods and Services Tax) Act 1999 ; and

(b) in force just before the commencement of this item [ 1 July 2012];
has effect, from that commencement, as if it had been made for the purposes of paragraph 105-20(1A)(b) of that Act as in force after that commencement.

S 78-90(1) formerly read:

(1)
If an entity is not *registered or *required to be registered during a particular month, it must pay:

(a) amounts of GST on *taxable supplies under section 78-50 that it makes during that month; and

(b) amounts of *increasing adjustments that it has that arise, during that month, in relation to supplies that are *taxable supplies under section 78-50;
within 21 days after the end of the month, and at the place and in the manner specified by the Commissioner.

S 78-90(1) amended by No 177 of 1999, s 3 and Sch 1 item 94, by substituting " section 78-50 " for " section 78-30 " in paras (a) and (b), effective 1 July 2000.

(1A)

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The entity must pay each amount:

(a) on or before the later of:

(i) the 21st day after the end of the month; and

(ii) the day the Commissioner gives notice of the relevant *assessment to the entity under section 155-10 in Schedule 1 to the Taxation Administration Act 1953 ; and

(b) at the place and in the manner specified by the Commissioner.

View history note

(2)
This section has effect despite Division 33 (which is about payments of GST).

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