ATO Interpretative Decision
ATO ID 2007/133 (Withdrawn)
Excise
Fuel Tax Credit: early payments and entitlement to a credit under the energy grants credit schemeFOI status: may be released
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This ATO ID is withdrawn from the database because it deals with a provision that no longer has application. Despite its withdrawal from the database, this ATO Interpretative Decision continues to be a precedential view in respect of an entitlement to an early payment of fuel tax credit for taxable fuel acquired, manufactured or imported between 1 July 2006 to 30 June 2008 pursuant to Item 12A of Schedule 3 of the Fuel Tax (Consequential and Transitional Provisions) Act 2006.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is an entity, which has never claimed energy grants under section 15 of the Product Grants and Benefits Act 2000 (PGBAA), but which has claimed decreasing fuel tax adjustments under item 9 of Schedule 3 to the Fuel Tax (Consequential and Transitional Provisions) Act 2006 (Fuel Tax Transitional Act), able to satisfy the requirement set out in subparagraph 12A(1)(c)(i) of Schedule 3 to the Fuel Tax Transitional Act?
Decision
No. An entity which has never claimed energy grants under section 15 of the PGBAA, but which has claimed decreasing fuel tax adjustments under item 9 of Schedule 3 to the Fuel Tax Transitional Act, will not satisfy the requirement set out in subparagraph 12A(1)(c)(i) of Schedule 3 to the Fuel Tax Transitional Act.
Facts
The entity elected before 31 December 2006, in the approved form, to receive early payments under item 12A of Schedule 3 to the Fuel Tax Transitional Act.
The entity was registered under section 9 of the PGBAA for entitlement to energy grants under the Energy Grants (Credits) Scheme Act 2003 (Energy Grants Act) at the time the entity made the election to receive early payments.
The entity had purchased fuel between 1 July 2003 and 30 June 2006 for which the entity was entitled to an on-road credit in the form of an energy grant under the Energy Grants Act.
The entity has never claimed energy grants under section 15 of the PGBAA. Instead, the entity has claimed decreasing fuel tax adjustments in respect of the fuel under item 9 of Schedule 3 to the Fuel Tax Transitional Act.
The entity has acquired taxable fuel after 1 July 2006 (but before 30 June 2008) for which it is entitled to a fuel tax credit under section 41-5 of the Fuel Tax Act 2006.
The entity has claimed an early payment of the fuel tax credit under item 12A of Schedule 3 to the Fuel Tax Transitional Act.
Reasons for Decision
Item 12A of Schedule 3 to the Fuel Tax Transitional Act provides for the early payment of fuel tax credits to eligible entities, in relation to taxable fuel acquired, manufactured or imported between 1 July 2006 and 30 June 2008.
Subitem 12A(1) of Schedule 3 to the Fuel Tax Transitional Act requires the Commissioner to make an early payment of a fuel tax credit to entities that meet specific requirements.
One condition, set out in subparagraph 12A(1)(c)(i) of Schedule 3 to the Fuel Tax Transitional Act requires an entity to have had an entitlement to an energy grant under the Energy Grants Act.
Subsection 15(2A) of the PGBAA specifically provides that an entity is not entitled to an energy grant for an on-road or off-road credit if the entity has already given to the Commissioner a fuel tax return that includes a decreasing fuel tax adjustment that relates to the relevant fuel.
In this case, all of the energy grants to which the entity would otherwise have been entitled have been claimed as decreasing fuel tax adjustments under item 9 of Schedule 3 to the Fuel Tax Transitional Act, and have therefore been negated by subsection 15(2A) of the PGBAA.
Consequently, the entity has not satisfied the requirement in subparagraph 12A(1)(c)(i) of the Fuel Tax Transitional Act that it was entitled to energy grants under the Energy Grants Act.
Year of income: Year ended 30 June 2007
Legislative References:
Fuel Tax (Consequential and Transitional Provisions) Act 2006
Schedule 3, item 12A
Schedule 3, subitem 12A(1)
Schedule 3, subparagraph 12A(1)(c)(i)
Subsection 15(2A)
Keywords
Excise
Fuel tax credits
Energy Grants (Credits) Scheme
ISSN: 1445-2782
| Date: | Version: | |
| 20 June 2007 | Original statement | |
| You are here | 8 February 2010 | Archived |