Fuel Tax Act 2006

CHAPTER 3 - FUEL TAX CREDITS  

PART 3-1 - BASIC RULES  

Division 41 - Fuel tax credits for business taxpayers and non-profit bodies  

Subdivision 41-A - Entitlement rules for fuel tax credits  

SECTION 41-5   FUEL TAX CREDIT FOR FUEL TO BE USED IN CARRYING ON YOUR ENTERPRISE  

41-5(1)    

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You are entitled to a fuel tax credit for taxable fuel that you acquire or manufacture in, or import into, the indirect tax zone to the extent that you do so for use in *carrying on your *enterprise.

Note 1:

Other provisions can affect your entitlement to the credit. (For example, see Subdivision 41-B .)

Note 2:

Fuel is taken to have been used if it is blended as specified in a determination made under section 95-5 .

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History

S 41-5(1) amended by No 70 of 2015, s 3 and Sch 6 item 6, by substituting " the indirect tax zone " for " Australia " , applicable to taxable fuel acquired, manufactured or imported on or after 1 July 2015.

S 41-5(1) amended by No 73 of 2006, s 3 and Sch 3 item 37, by omitting " of this Act and Part 3 of Schedule 3 to the Fuel Tax (Consequential and Transitional Provisions) Act 2006 " after " Subdivision 41-B " in note 1, effective 1 July 2012.

S 41-5(1) amended by No 42 of 2009 , s 3 and Sch 7 item 1, by substituting " Subdivision 41-B " for " Subdivisions 41-B and 45-A " in Note 1, effective 1 July 2009. For application provision, see note under former Div 45 heading.

41-5(2)   Registration for GST  

However, you are only entitled to the fuel tax credit if, at the time you acquire, manufacture or import the fuel, you are *registered for GST, or *required to be registered for GST.

41-5(3)    
Subsection (2) does not apply if, at the time you acquire, manufacture or import the fuel:

(a) you are a non-profit body; and

(b) you acquire, manufacture or import the fuel for use in a vehicle (or vessel) that:

(i) provides emergency services; and

(ii) is clearly identifiable as such.

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History

S 41-5(3) amended by No 83 of 2014, s 3 and Sch 1 item 112, by substituting " vehicle (or vessel) " for " vehicle, vessel or aircraft " in para (b), applicable to taxable fuel acquired, manufactured or imported on or after 1 July 2014.

S 41-5(3) amended by No 157 of 2011, s 3 and Sch 1 item 5, by substituting " vehicle, vessel or aircraft " for " vehicle (or vessel) " in para (b), applicable to fuel acquired, manufactured or imported on or after 1 July 2012.

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