Document ID: chunk:federal_register_of_legislation:C2021C00299:section:2:p6
Version: federal_register_of_legislation:C2021C00299
Segment Type: section
Provision Reference: s 2 (pt 6/13)
Character Range: 36818–39408

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

Table of Subdivisions
 Guide to Division 46
46‑A Instalment taxpayers

Guide to Division 46

46‑1  What this Division is about
      If you are a GST instalment taxpayer, you work out and claim your fuel tax credits for GST instalment quarters, instead of the annual tax period you use for the GST. However, you can choose not to give a return for the first 3 GST instalment quarters in a financial year (but if you have an increasing fuel tax adjustment, you must give a return for the last quarter in the year).

Subdivision 46‑A—Instalment taxpayers

Table of Sections
46‑5 Instalment taxpayers

46‑5  Instalment taxpayers
 (1) If you are a *GST instalment payer, you must treat each *GST instalment quarter as if it were a *tax period.

GST instalment quarters to be treated as tax periods
 (2) For the purposes of working out under subsection 65‑5(1) which *GST instalment quarter a fuel tax credit is attributable to, you must treat each GST instalment quarter as if, in the *GST Act, the quarter were a *tax period.

Choice to give a return for first 3 quarters
 (3) You may choose whether to give the Commissioner a return for any of the first 3 *GST instalment quarters in a *financial year. If you do so, you must give the Commissioner your return on or before the day on which you are, or would be, required to pay your *GST instalment to the Commissioner for the quarter (disregarding section 162‑80 of the *GST Act).
Note: Section 162‑80 of the GST Act allows certain entities to pay only 2 GST instalments for a financial year.
 (4) If you choose not to give a return for any of those quarters, then any fuel tax credit or *fuel tax adjustment that is attributable to that quarter:
 (a) ceases to be attributable to that quarter; and
 (b) becomes attributable to the first quarter for which you give the Commissioner a return.
Note: See subsection 65‑5(4) if your return for a quarter does not include a fuel tax credit that is attributable, under this subsection, to the quarter.

Requirement to give a return for final quarter
 (5) If you have an *increasing fuel tax adjustment that is (or, under subsection (4), would be) attributable to the last *GST instalment quarter in the *financial year, you must give the Commissioner a return for that quarter on or before the day on which you are, or would be, required to pay