Fuel Tax Act 2006

CHAPTER 4 - COMMON RULES  

PART 4-4 - ANTI-AVOIDANCE  

Division 75 - Anti-avoidance  

Subdivision 75-B - Commissioner may negate effects of schemes for fuel tax benefits  

SECTION 75-40   COMMISSIONER MAY MAKE DECLARATION FOR PURPOSE OF NEGATING AVOIDER ' S FUEL TAX BENEFITS  

75-40(1)    
For the purpose of negating a *fuel tax benefit the avoider gets from the *scheme, the Commissioner may make a declaration stating the *amount that is (and has been at all times) the avoider ' s *net fuel amount for a specified *tax period or *fuel tax return period that has ended.

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History

S 75-40(1) amended by No 39 of 2012, s 3 and Sch 1 item 181, by repealing the note at the end, 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.

The note formerly read:

Note:

A declaration of the Commissioner under this section is a reviewable fuel tax decision (see Subdivision 112-E in Schedule 1 to the Taxation Administration Act 1953 ).

75-40(2)    
A declaration under this section is not a legislative instrument.

75-40(3)    

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The Commissioner must take such action as he or she considers necessary to give effect to a declaration made under this section.

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History

S 75-40(3) inserted by No 39 of 2012, s 3 and Sch 1 item 182, 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.

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