Document ID: chunk:federal_register_of_legislation:C2010A00020:clause:1_17:p1
Version: federal_register_of_legislation:C2010A00020
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 14645–17212

17  At the end of Part 3‑3
Add:

Division 47—Time limit on entitlements to fuel tax credits

Table of Subdivisions
 Guide to Division 47
47‑A Time limit on entitlements to fuel tax credits

Guide to Division 47

47‑1  What this Division is about

      Your entitlements to fuel tax credits cease unless you include them in your net fuel amounts within 4 years.
      However, this time limit might not apply to any such entitlements relating to amounts that the Commissioner has notified to you, that arise as a result of fraud or evasion, or that you have notified to the Commissioner.
                 Note: These amounts are dealt with in sections 105‑50 and 105‑55 in Schedule 1 to the Taxation Administration Act 1953.

Subdivision 47‑A—Time limit on entitlements to fuel tax credits

Table of Sections
47‑5 Time limit on entitlements to fuel tax credits
47‑10 Exceptions to time limit on entitlements to fuel tax credits

47‑5  Time limit on entitlements to fuel tax credits
  You cease to be entitled to a fuel tax credit to the extent that you have not taken it into account in working out your *net fuel amount for:
 (a) the *tax period or *fuel tax return period to which the fuel tax credit would be attributable under subsection 65‑5(1), (2) or (3); or
 (b) any other tax period, or fuel tax return period, for which you give to the Commissioner a return under section 61‑15 during the period of 4 years after the day on which you were required to give to the Commissioner such a return for the tax period or fuel tax return period referred to in paragraph (a).
Note: Section 47‑10 sets out circumstances in which your entitlement to the fuel tax credit does not cease under this section.

47‑10  Exceptions to time limit on entitlements to fuel tax credits

Commissioner has notified you of excess or refund etc.
 (1) You do not cease under section 47‑5 to be entitled to a fuel tax credit to the extent that:
 (a) the fuel tax credit arises out of circumstances that also gave rise to the whole or a part of:
 (i) an amount, or an amount of an excess, in relation to which paragraph 105‑50(3)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; or
 (ii) a refund, other payment or credit in relation to which paragraph 105‑55(1)(b) or (3)(b) in Schedule 1 to that Act applies; and
 (b) the Commissioner gave to you the notice referred to in that paragraph not later than 4 years after the end of the tax period to which the credit would be attributable under subsection 65‑5(1), (2) or (3) of this Act.
Note: Section 105‑50 in Schedule 1