Document ID: chunk:federal_register_of_legislation:C2021C00299:section:2:p5
Version: federal_register_of_legislation:C2021C00299
Segment Type: section
Provision Reference: s 2 (pt 5/13)
Character Range: 34566–37069

have been entitled for the use or supply would have been different from the amount to which you are or were entitled if one or both of the following were to apply:
 (a) you had originally acquired, manufactured or imported the fuel to use or make a taxable supply in the circumstances in which you did use, or make a taxable supply of, the fuel;
 (b) an alteration of a kind referred to in subsection 43‑6(2) that:
 (i) under that subsection, had been taken to have effect as if it is an amendment of an Act; and
 (ii) under subsection 43‑6(3) ceased to be taken to have that effect;
  had never been proposed as mentioned in subsection 43‑6(2).
 (2) The *amount of the adjustment is the difference between the 2 amounts.
Note: Division 65 sets out which tax period or fuel tax return period the fuel tax adjustment is attributable to.

Decreasing fuel tax adjustments
 (3) The *fuel tax adjustment is a decreasing fuel tax adjustment if the *amount to which you would have been entitled is greater than the amount to which you are or were entitled.

Increasing fuel tax adjustments
 (4) The *fuel tax adjustment is an increasing fuel tax adjustment if the *amount to which you are or were entitled is greater than the amount to which you would have been entitled.
Example: You acquire taxable fuel to use in a harvester in carrying on your farming enterprise, so you are paid a fuel tax credit for the fuel. Later on, you use the fuel to transport wheat in a vehicle of more than 4.5 tonnes travelling on a public road. As your fuel tax credit would have been reduced by the amount of the road user charge, you have an increasing fuel tax adjustment of the difference between the 2 amounts.

44‑10  Increasing fuel tax adjustment for failure to use or make a taxable supply of fuel
  You have an increasing fuel tax adjustment if:
 (a) you are or were entitled to a fuel tax credit for taxable fuel; and
 (b) you have no reasonable prospect of using, or making a *taxable supply of, the fuel.
The *amount of the adjustment is the amount of the credit that you are or were entitled to.
Example: You acquire taxable fuel to use in a harvester in carrying on your farming enterprise, so you are paid a fuel tax credit for the fuel. Later on, the fuel is stolen. You have an increasing fuel tax adjustment of the amount of the credit.
Note: Division 65 sets out which tax period or fuel tax return period the fuel tax adjustment is attributable to.

Part 3‑3—Special rules

Division 46—Instalment taxpayers