Tax Laws Amendment (Small Business Measures) Act 2004 (134 of 2004)

Schedule 3   Payment of GST by instalments

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

6   Section 162-30

Repeal the section, substitute:

162-30 Duration of your election

General rule

(1) Your election ceases to have effect if:

(a) you revoke it, by notifying the Commissioner in the *approved form; or

(b) the Commissioner disallows it under subsection (3); or

(c) on 31 July in a *financial year, your *annual turnover exceeds the *instalment turnover threshold; or

(d) during the first tax period applying to you in a financial year, you are in a *net refund position; or

(e) in a case where you are the *representative member of a *GST group - the membership of the GST group changes.

Your election also ceases to have effect at the end of your concluding tax period under section 27-40, or at the end of a tax period applying to you to which subsection 162-85(1) applies.

Revocation

(2) A revocation of your election is taken to have had, or has, effect:

(a) if you notify the Commissioner on or before 28 October in a *financial year - from the start of that financial year; or

(b) if you notify the Commissioner after 28 October in a financial year - from the start of the next financial year.

Disallowance

(3) The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a *taxation law.

Note: Disallowing your election is a reviewable GST decision (see Division 7 of Part VI of the Taxation Administration Act 1953).

(4) A disallowance of your election is taken to have had effect:

(a) if the Commissioner notifies you of the disallowance during the *financial year in which your election first took effect - from the start of the tax period in which it first took effect; or

(b) if the Commissioner notifies you of the disallowance on or before 28 October during a later financial year - from the start of that later financial year; or

(c) if the Commissioner notifies you of the disallowance after 28 October during a later financial year - from the start of the financial year immediately following that later financial year.

Exceeding the instalment turnover threshold

(5) If paragraph (1)(c) applies, your election is taken to have ceased to have effect from the start of the *financial year referred to in that paragraph.

Being in a net refund position

(6) If paragraph (1)(d) applies, your election is taken to have ceased to have effect from the start of the *financial year referred to in that paragraph.