Part 3Returns and payment of tax
19ARequirements for accounting on payments basis
The Commissioner shall not direct any registered person to account for tax payable on a payments basis under section 19 unless—
- the registered person is—
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- a non-profit body; or
- a non-resident; or
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- in respect of the registered person—
- at the end of any month, the total value of the person's taxable supplies in the period of 12 months then ending has not exceeded $2,000,000 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare); or
- in the period of 12 months beginning on the first day of any month, the total value of the person's taxable supplies is not likely to exceed the amount specified in or under subparagraph (i); or
- at the end of any month, the total value of the person's taxable supplies in the period of 12 months then ending has not exceeded $2,000,000 (or such greater amount as the Governor-General may, from time to time, by Order in Council declare); or
- the Commissioner is satisfied that, due to the nature, volume, and value of taxable supplies made by the registered person and the nature of the accounting system employed by the person, it would be appropriate for the person to furnish returns under this Act on a payments basis.
Where the Commissioner is satisfied (whether by a notification given by the registered person under section 53(1)(cb) or otherwise) that a registered person who has been directed to account for tax payable on a payments basis has ceased to satisfy the conditions set out in paragraphs (a) to (c) of subsection (1), the Commissioner shall either—
- direct that the registered person account for tax payable on an invoice basis; or
- on application by the registered person, direct that the registered person account for tax payable on a hybrid basis.
For the purposes of subsection (2), a registered person shall not be treated as having ceased to satisfy the conditions of subsection (1) by reason only that the total value of the registered person's taxable supplies has exceeded, or as the case may be will exceed, the amount specified by or under subsection (1)(b) solely as a consequence of—
- any ending of, including a premature ending of, or any substantial and permanent reduction in the size or scale of, any taxable activity carried on by that person; or
- the replacement of any plant or other capital asset used in any taxable activity carried on by that person.
An order under subsection (1)(b)(i) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 19A: inserted, on (applying to allow changes in a registered person's accounting basis in respect of taxable periods commencing on and after 1 April 1991), by section 3(1) of the Goods and Services Tax Amendment Act 1991 (1991 No 11).
- Section 19A(1)(a)(i): repealed, on , by section 7 of the Goods and Services Tax Amendment Act 1995 (1995 No 22).
- Section 19A(1)(a)(ii): repealed (with effect on 1 July 2013), on , by section 127(1) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
- Section 19A(1)(a)(iv): inserted, on , by section 127(2) of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52).
- Section 19A(1)(b)(i): amended, on , by section 26 of the Taxation (Business Tax Measures) Act 2009 (2009 No 5).
- Section 19A(2): amended, on , by section 111 of the Taxation (Remedial Provisions) Act 1997 (1997 No 74).
- Section 19A(2)(b): amended, on , by section 188 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).
- Section 19A(3)(a): amended, on (applying on and after 10 October 2000), by section 96(3) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).
- Section 19A(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


