Australian Capital Territory Numbered Acts

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DUTIES ACT 1999 (NO. 7 OF 1999) - SECT 169

Lodgment of returns and payment of duty

(1)     A commercial hire business shall, on or before the twenty-first day of each month—

        (a)     lodge with the Commissioner a return in the approved form; and

        (b)     pay to the Commissioner the appropriate amount of duty calculated in accordance with section 159 in respect of the previous month, subject to the amount of the duty-free hiring charges referred to in subsection (2).

(2)     Duty is payable only in respect of so much of hiring charges received by a commercial hire business during a month from ordinary hires that are not special hiring arrangements as exceeds $6,000.

(3)     A commercial hire business is not required to lodge a return in respect of any month in which all hiring charges received by the commercial hire business were from ordinary hires and the hiring charges so received did not exceed $6,000.

(4)     The Commissioner may, by notice in writing, approve of the lodgment by a commercial hire business of returns in respect of a period of more than 1 month, and in such a case—

        (a)     the return shall be lodged, and the duty paid, on or before the twenty-first day of the month following the last month to which the return relates; and

        (b)     the duty payable on the return is the sum of the duties payable on a monthly basis in accordance with this section for each month to which the return relates.

(5)     A commercial hire business may elect to pay the duty payable on a special hiring agreement by lodging a statement under section 172 and, if it does so, returns under this section in respect of the agreement are not necessary.

(6)     If, in relation to a special hiring agreement—

        (a)     a commercial hire business makes an election under subsection (5); and

        (b)     the special hiring agreement is terminated before the expiry of the term expressed in the agreement;

the commercial hire business may request a reassessment of duty as if the duty had been paid on a return under this section.



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