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.

View history note

History

S 61-5 substituted by No 39 of 2012, s 3 and Sch 1 item 173, 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.

S 61-5 formerly read:

SECTION 61-5 ENTITLEMENT TO A REFUND
61-5(1)
If your *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)
Your entitlement to be paid an *amount under subsection (1) arises when you give the Commissioner a return.

61-5(3)
However, if the amount (the refund ) paid, or applied under the Taxation Administration Act 1953 , for a *tax period or *fuel tax return period exceeds the *amount to which you are properly entitled under subsection (1) for that period, you must pay the excess to the Commissioner as if:

(a) the excess were a *net fuel amount for that period; and

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

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

Treating the excess as if it were a 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.

View history note

Hide history note

History

S 61-5(3) inserted by No 20 of 2010, s 3 and Sch 5 item 6, applicable in relation to amounts payable under subsection 61-5(1) of the Fuel Tax Act 2006 for tax periods, and fuel tax return periods starting on or after 24 March 2010.

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