FUEL TAX ACT 2006

CHAPTER 4 - COMMON RULES  

PART 4-1 - NET FUEL AMOUNTS  

Division 61 - Returns, refunds and payments  

Subdivision 61-A - Returns, refunds and payments  

SECTION 61-5   ENTITLEMENT TO A REFUND  

61-5(1)  
If your *assessed net fuel amount for a *tax period or *fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that *amount (expressed as a positive amount) to you.

Note 1:

See Division 3A of Part IIB of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division 3 of Part IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.

Note 2:

Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in paying the amount.

61-5(2)  
However, if:


(a) the Commissioner amends the *assessment of your *net fuel amount for a *tax period or *fuel tax return period; and


(b) your *assessed net fuel amount before the amendment was less than zero; and


(c) the *amount that, because of the assessment, was:


(i) paid; or

(ii) applied under the Taxation Administration Act 1953 ;
exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;

you must pay the excess to the Commissioner as if:


(d) the excess were an assessed net fuel amount for that period; and


(e) that assessed net fuel amount were an amount greater than zero and equal to the amount of the excess; and


(f) despite section 61-10 , that assessed net fuel amount became payable, and due for payment, by you at the time when the amount was paid or applied.

Note:

Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Part 3-10 in Schedule 1 to the Taxation Administration Act 1953 , such as a liability to pay the general interest charge under section 105-80 in that Schedule.




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