Document ID: chunk:federal_register_of_legislation:C2025C00126:clause:3_4:p10
Version: federal_register_of_legislation:C2025C00126
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 10/24)
Character Range: 816026–818719

(2) The *GST instalment shortfall is reduced by applying so much of the top up as does not exceed the GST instalment shortfall.
 (3) However, if some of the top up has already been applied (under any other application or applications of this section) to reduce a *GST instalment shortfall for a different *GST instalment quarter of the *instalment tax period, the GST instalment shortfall is reduced by applying so much of the top up as has not already been applied, and does not exceed the GST instalment shortfall.
 (4) The reduction under subsection (2) has effect for each day in the period that:
 (a) started at the beginning of the day on which you paid the *GST instalment for the later *GST instalment quarter; and
 (b) finishes at the end of the day before which you must, under section 162‑110, pay to the Commissioner your *assessed net amount for the *instalment tax period.

162‑205  This Subdivision does not create a liability for general interest charge
  For the avoidance of doubt, this Subdivision does not have the effect of making you liable to pay the *general interest charge.

Division 165—Anti‑avoidance

Table of Subdivisions
165‑A Application of this Division
165‑B Commissioner may negate effects of schemes for GST benefits

165‑1  What this Division is about

      The object of this Division is to deter schemes to give entities benefits by reducing GST, increasing refunds or altering the timing of payment of GST or refunds.
      If the dominant purpose or principal effect of a scheme is to give an entity such a benefit, the Commissioner may negate the benefit an entity gets from the scheme by declaring how much GST or refund would have been payable, and when it would have been payable, apart from the scheme.
      This Division is aimed at artificial or contrived schemes. It is not, for example, intended to apply to:
         • an exporter electing to have monthly tax periods in order to bring forward the entitlement to input tax credits; or
         • a supplier of child care applying to be approved under the A New Tax System (Family Assistance) (Administration) Act 1999 (this would make the supplies of child care GST‑free); or
         • a supplier choosing under section 9‑25 of the Wine Tax Act to use the average wholesale price method for working out the taxable value of retail sales of grape wine; or
         • a bank having its car fleet serviced earlier than usual, and before 1 July 2000, so that the servicing does not, at least initially, bear the GST.

Subdivision 165‑A—Application of this Division

165‑5  When does this Division operate?

General rule
 (1) This Division operates if:
 (a) an entity (the avoider) gets or got