Fuel Tax Act 2006

CHAPTER 4 - COMMON RULES  

PART 4-4 - ANTI-AVOIDANCE  

Division 75 - Anti-avoidance  

Subdivision 75-B - Commissioner may negate effects of schemes for fuel tax benefits  

SECTION 75-45   COMMISSIONER MAY REDUCE AN ENTITY ' S NET FUEL AMOUNT TO COMPENSATE  

75-45(1)    
This section operates if:


(a) the Commissioner has made a declaration under subsection 75-40(1) to negate the *fuel tax benefit an entity gets from a *scheme; and


(b) the Commissioner considers that another entity (the loser ) gets a *fuel tax disadvantage from the scheme; and


(c) the Commissioner considers that it is fair and reasonable that the loser ' s fuel tax disadvantage be negated or reduced.


75-45(2)    
An entity gets a fuel tax disadvantage from a *scheme if:


(a) an *amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, larger than it would have been apart from the scheme or a part of the scheme; or


(b) an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, smaller than it would have been apart from the scheme or a part of the scheme; or


(c) all or part of an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, payable earlier than it would have been apart from the scheme or a part of the scheme; or


(d) all or part of an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, payable later than it would have been apart from the scheme or a part of the scheme.

75-45(3)    
For the purposes of negating or reducing the loser ' s *fuel tax disadvantage from the *scheme, the Commissioner may make a declaration (under this section) stating the *amount that is (and has been at all times) the loser ' s *net fuel amount for a specified *tax period or *fuel tax return period that has ended.


75-45(4)    
An *amount stated in a declaration as the loser ' s *net fuel amount must not be less than the net fuel amount would have been apart from the *scheme, or part of the scheme, and the declaration.

75-45(5)    
An entity may give the Commissioner a written request to make a declaration under this section relating to the entity. The Commissioner must decide whether or not to grant the request, and give the entity notice of the Commissioner ' s decision.


75-45(6)    
A declaration under this section is not a legislative instrument.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.