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Fuel Tax Bill 2006

Part 4-2 Attribution rules

Division 65 Attribution rules

Table of Subdivisions

             Guide to Division 65

65-A     Attribution rules

Guide to Division 65

65-1   What this Division is about

Fuel tax credits and fuel tax adjustments are attributed to tax periods (or fuel tax return periods).

Generally, if you are a business taxpayer, your fuel tax credit for taxable fuel is attributed to the same period as your input tax credit for the fuel (to reduce compliance costs). If you are a non-business taxpayer, your fuel tax credit for taxable fuel is attributed to the fuel tax return period in which you acquire, manufacture or import the fuel.

Fuel tax adjustments are attributed to the tax period (or fuel tax return period) in which you become aware of the adjustment.

Subdivision 65-A Attribution rules

Table of Sections

65-5          Attribution rules for fuel tax credits

65-10        Attribution rules for fuel tax adjustments

65-5   Attribution rules for fuel tax credits

Attribution rules for fuel you acquire or import

             (1)  If you are * registered for GST, or * required to be registered for GST, your fuel tax credit for taxable fuel that you acquire or import is attributable to:

                     (a)  the same * tax period that your * input tax credit for the fuel is attributable to under the * GST Act; or

                     (b)  the same tax period that an input tax credit would have been attributable to under that Act if the fuel had been a * creditable acquisition or a * creditable importation.

             (2)  If you are neither * registered for GST, nor * required to be registered for GST, your fuel tax credit for taxable fuel that you acquire or import is attributable to the * fuel tax return period in which you acquire or import the fuel.

Attribution rule for fuel you manufacture

             (3)  Your fuel tax credit for taxable fuel that you manufacture is attributable to the * tax period or * fuel tax return period in which the fuel was entered for home consumption (within the meaning of the Excise Act 1901 ).

Later attribution rule for fuel tax credits

             (4)  If your return for a * tax period or * fuel tax return period states a * net fuel amount that does not take into account a fuel tax credit that is attributable to the period mentioned in subsection (1), (2) or (3), then the credit:

                     (a)  ceases to be attributable to that period; and

                     (b)  becomes attributable to the first period for which you give the Commissioner a return that does take it into account.

Note:          For another attribution rule for fuel tax credits, see subsection 46-5(4) (GST instalment taxpayers).

             (5)  Subsection (4) does not apply in respect of the whole or a part of a fuel tax credit that you are not entitled to take into account under subsection 45-5(1) (Certain entities to be members of Greenhouse Challenge Plus Programme).

65-10   Attribution rules for fuel tax adjustments

             (1)  A * fuel tax adjustment under Division 44 is attributable to the * tax period or * fuel tax return period in which you become aware of the adjustment.

Note:          For attribution rules for other fuel tax adjustments, see subsection 46-5(4) of this Act (GST instalment taxpayers) and item 9 of Schedule 3 to the Fuel Tax (Consequential and Transitional Provisions) Act 2006 .

             (2)  A * fuel tax adjustment under Division 45 is attributable to the * tax period in which you became a member of a programme mentioned in subsection 45-5(1).