Tax Laws Amendment (2009 GST Administration Measures) Act 2010 (20 of 2010)

Schedule 1   Time limit on entitlements to input tax credits and fuel tax credits

Part 2   Amendments relating to fuel tax credits

Fuel Tax Act 2006

17   At the end of Part 3-3

Add:

Division 47 - Time limit on entitlements to fuel tax credits

Table of Subdivisions

Guide to Division 47

47-A Time limit on entitlements to fuel tax credits

Guide to Division 47

47-1 What this Division is about

Your entitlements to fuel tax credits cease unless you include them in your net fuel amounts within 4 years.

However, this time limit might not apply to any such entitlements relating to amounts that the Commissioner has notified to you, that arise as a result of fraud or evasion, or that you have notified to the Commissioner.

Note: These amounts are dealt with in sections 105-50 and 105-55 in Schedule 1 to the Taxation Administration Act 1953.

Subdivision 47-A - Time limit on entitlements to fuel tax credits

Table of Sections

47-5 Time limit on entitlements to fuel tax credits

47-10 Exceptions to time limit on entitlements to fuel tax credits

47-5 Time limit on entitlements to fuel tax credits

You cease to be entitled to a fuel tax credit to the extent that you have not taken it into account in working out your *net fuel amount for:

(a) the *tax period or *fuel tax return period to which the fuel tax credit would be attributable under subsection 65-5(1), (2) or (3); or

(b) any other tax period, or fuel tax return period, for which you give to the Commissioner a return under section 61-15 during the period of 4 years after the day on which you were required to give to the Commissioner such a return for the tax period or fuel tax return period referred to in paragraph (a).

Note: Section 47-10 sets out circumstances in which your entitlement to the fuel tax credit does not cease under this section.

47-10 Exceptions to time limit on entitlements to fuel tax credits

Commissioner has notified you of excess or refund etc.

(1) You do not cease under section 47-5 to be entitled to a fuel tax credit to the extent that:

(a) the fuel tax credit arises out of circumstances that also gave rise to the whole or a part of:

(i) an amount, or an amount of an excess, in relation to which paragraph 105-50(3)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; or

(ii) a refund, other payment or credit in relation to which paragraph 105-55(1)(b) or (3)(b) in Schedule 1 to that Act applies; and

(b) the Commissioner gave to you the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 65-5(1), (2) or (3) of this Act.

Note: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts, and section 105-55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.

Excess relates to amount avoided by fraud or evaded

(2) You do not cease under section 47-5 to be entitled to a fuel tax credit to the extent that the fuel tax credit arises out of circumstances that also gave rise to:

(a) the whole or a part of an amount in relation to which paragraph 105-50(3)(b) in Schedule 1 to the Taxation Administration Act 1953 applies; or

(b) an amount of an excess, in relation to which that paragraph applies.

Note: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.

You have notified the Commissioner of refund etc.

(3) You do not cease under section 47-5 to be entitled to a fuel tax credit to the extent that:

(a) the fuel tax credit arises out of circumstances that also gave rise to the whole or a part of a refund, other payment or credit in relation to which paragraph 105-55(1)(a) or (3)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; and

(b) you gave to the Commissioner the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 65-5(1), (2) or (3) of this Act.

Note: Section 105-55 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which you can claim amounts relating to indirect tax.