Document ID: chunk:federal_register_of_legislation:C2004A01369:clause:1_11:p2
Version: federal_register_of_legislation:C2004A01369
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 2/5)
Character Range: 6848–9476

became eligible under section 151‑5 to make an *annual tax period election; and
 (ii) this subsection had not applied to you before; and
 (iii) your *current GST lodgment record is not more than 6 months; or
 (b) if the financial year started on 1 July 2004 and the Commissioner determines in writing that this paragraph applies;
you must make your election on or before the first day, after becoming eligible under section 151‑5 or after the Commissioner's determination, on which you would, but for this Division, be required to give a *GST return to the Commissioner.

 (3) The Commissioner may, in accordance with a request you make in the *approved form, allow you to make your election on a specified day occurring after the day provided for under subsection (1) or (2).

Note: Refusing a request to be allowed to make an election on a specified day under this subsection is a reviewable GST decision (see Division 7 of Part VI of the Taxation Administration Act 1953).

151‑25  Duration of an annual tax period election

General rule

 (1) Your election ceases to have effect if:
 (a) you revoke it by notifying the Commissioner in the *approved form; or
 (b) the Commissioner disallows it under subsection (3); or
 (c) on 31 July in a *financial year, you are *required to be registered; or
 (d) in a case where you are the *representative member of a *GST group—the membership of the GST group changes.
Your election also ceases to have effect at the end of your concluding tax period under section 27‑40, or at the end of a tax period applying to you to which subsection 151‑55(1) applies.

Revocation

 (2) A revocation of your election is taken to have had, or has, effect:
 (a) if you notify the Commissioner on or before 28 October in a financial year—from the start of that *financial year; or
 (b) if you notify the Commissioner after 28 October in a financial year—from the start of the next financial year.

Disallowance

 (3) The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a *taxation law.

Note: Disallowing your election is a reviewable GST decision (see Division 7 of Part VI of the Taxation Administration Act 1953).

 (4) A disallowance of your election is taken to have had effect:
 (a) if the Commissioner notifies you of the disallowance during the *financial year in which your election first took effect—from the start of the tax period in which it first took effect; or
 (b) if the Commissioner notifies you of the disallowance on or before 28 October during a later financial