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

Chapter 4 - The special rules  

Part 4-6 - Special rules mainly about tax periods  

Note:

The special rules in this Part mainly modify the operation of Part 2-6 , but they may affect other Parts of Chapter 2 in minor ways.

Division 151 - Annual tax periods  

Subdivision 151-A - Electing to have annual tax periods  

151-20   When you must make your annual tax period election  

(1)    
You must make your * annual tax period election :

(a) if the tax periods applying to you are * quarterly tax periods - on or before 28 October in the * financial year to which it relates; or

(b) in any other case - on or before 21 August in that financial year.

(2)    
However:

(a) if:

(i) during the * financial year but after 28 October in that financial year, you became eligible under section 151-5 to make an * annual tax period election ; and

(ii) this subsection had not applied to you before; and

(iii) your * current GST lodgment record is not more than 6 months; or

(b) if the financial year started on 1 July 2004 and the Commissioner determines in writing that this paragraph applies;

you must make your election on or before the first day, after becoming eligible under section 151-5 or after the Commissioner ' s determination, on which you would, but for this Division, be required to give a * GST return to the Commissioner.

(3)    
The Commissioner may, in accordance with a request you make in the * approved form , allow you to make your election on a specified day occurring after the day provided for under subsection (1) or (2) .

Note:

Refusing a request to be allowed to make an election on a specified day under this subsection is a reviewable GST decision (see Subdivision 110-F in Schedule 1 to the Taxation Administration Act 1953 ).