Commonwealth Consolidated Acts

FUEL TAX ACT 2006 - SECT 47.10

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 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts, and section 105-55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.

Excess relates to amount avoided by fraud or evaded

             (2)  You do not cease under section 47-5 to be entitled to a fuel tax credit to the extent that the fuel tax credit arises out of circumstances that also gave rise to:

                     (a)  the whole or a part of an amount in relation to which paragraph 105-50(3)(b) in Schedule 1 to the Taxation Administration Act 1953 applies; or

                     (b)  an amount of an excess, in relation to which that paragraph applies.

Note:          Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.

You have notified the Commissioner of refund etc.

             (3)  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 a refund, other payment or credit in relation to which paragraph 105-55(1)(a) or (3)(a) in Schedule 1 to the Taxation Administration Act 1953 applies; and

                     (b)  you gave to the Commissioner 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 105-55 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which you can claim amounts relating to indirect tax.

Table of Subdivisions

             Guide to Division 60

60-A     Net fuel amounts

Guide to Division 60