Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_4:p7
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/20)
Character Range: 135971–138561

annual payer

45‑140  Choosing to pay annual instalments

 (1) You may choose to pay instalments annually instead of quarterly if, at the end of the first *instalment quarter in an income year for which you would otherwise be liable to pay a quarterly instalment, you satisfy the following conditions:
 (a) you are neither registered, nor *required to be registered, under Part 2‑5 of the *GST Act; and
 (b) you are not a partner in a partnership that is registered, or required to be registered, under that Part; and
 (c) your most recent *notional tax notified by the Commissioner is less than $8,000; and
 (d) in the case of a company—the company is not a *participant in a *GST joint venture under Division 51 of that Act; and
 (e) in the case of a company—the company is not part of an *instalment group.

 (2) You must make the choice by notifying the Commissioner, in the *approved form, on or before the day on which that instalment would otherwise be due.

 (3) You are an annual payer if you satisfy the conditions in subsection (1), and you choose to pay instalments annually. You are taken to have become an annual payer at the end of that *instalment quarter.

Note: You stop being an annual payer if section 45‑150, 45‑155 or 45‑180 applies to you.

45‑145  Meaning of instalment group

 (1) An instalment group consists of:
 (a) a company:
 (i) that has *majority control of at least one other company; but
 (ii) of which no other company has *majority control; and
 (b) any other company of which the first‑mentioned company has *majority control.

 (2) A company has majority control of another company if, and only if:
 (a) the first company is in a position to cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of the other company; or
 (b) the first company has the power to appoint or remove the majority of the directors of the other company; or
 (c) the other company is, or a majority of its directors are, accustomed or under an obligation, whether formal or informal, to act according to the directions, instructions or wishes of the first company.

45‑150  Entity that becomes GST registered, participant in GST joint venture, or company group member, stops being annual payer

 (1) You stop being an *annual payer if, during an *instalment quarter in the 2002‑03 income year or a later income year:
 (a) you become registered, or *required to be registered, under Part 2‑5 of the *GST Act; or
 (b) you become a partner in a partnership that is registered, or required to be registered, under