A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--PRELIMINARY
DIVISION 1--Preliminary- 1.1 Short title
- 1.2 Commencement
- 1.3 Commonwealth-State financial relations
- 1.4 States and Territories are bound by the GST law
PART 1-2--USING THIS ACT
DIVISION 2--Overview of the GST legislation- 2.1 What this Act is about
- 2.5 The basic rules (Chapter 2)
- 2.10 The exemptions (Chapter 3)
- 2.15 The special rules (Chapter 4)
- 2.20 Miscellaneous (Chapter 5)
- 2.25 Interpretative provisions (Chapter 6)
- 2.30 Administration, collection and recovery provisions in the DIVISION 3--Defined terms
- 3.1 When defined terms are identified
- 3.5 When terms areidentified
- 3.10 Identifying the defined term in a definition DIVISION 4--Status of Guides and other non-operative material
- 4.1 Non-operative material
- 4.5 Explanatory sections
- 4.10 Other material
CHAPTER 2--The basic rules
DIVISION 5--IntroductionPART 2-1--THE CENTRAL PROVISIONS
DIVISION 7--The central provisions- 7.1 GST and input tax credits
- 7.5 Net amounts
- 7.10 Tax periods
- 7.15 Payments and refunds
PART 2-2--SUPPLIES AND ACQUISITIONS
DIVISION 9--Taxable supplies- 9.1 What this Division is about
- 9.5 Taxable supplies
- 9.10 Meaning of
- 9.15 Consideration
- 9.17 Certain payments and other things not consideration
- 9.20 Enterprises
- 9.25 Supplies connected with the indirect tax zone
- 9.26 Supplies by non-residents that are not connected with the indirect tax zone
- 9.27 When enterprises are
- 9.30 Supplies that are GST-free or input taxed
- 9.39 Special rules relating to taxable supplies
- 9.40 Liability for GST on taxable supplies
- 9.69 Special rules relating to liability for GST on taxable supplies
- 9.70 The amount of GST on taxable supplies
- 9.75 The value of taxable supplies
- 9.80 The value of taxable supplies that are partly GST-free or input taxed
- 9.85 Value of taxable supplies to be expressed in Australian currency
- 9.90 Rounding of amounts of GST
- 9.99 Special rules relating to the amount of GST on taxable supplies DIVISION 11--Creditable acquisitions
- 11.1 What this Division is about
- 11.5 What is a creditable acquisition?
- 11.10 Meaning of
- 11.15 Meaning of
- 11.20 Who is entitled to input tax credits for creditable acquisitions?
- 11.25 How much are the input tax credits for creditable acquisitions?
- 11.30 Acquisitions that are partly creditable
- 11.99 Special rules relating to acquisitions
PART 2-3--IMPORTATIONS
DIVISION 13--Taxable importations- 13.1 What this Division is about
- 13.5 What are taxable importations?
- 13.10 Meaning of
- 13.15 Who is liable for GST on taxable importations?
- 13.20 How much GST is payable on taxable importations?
- 13.25 The value of taxable importations that are partly non-taxable importations
- 13.99 Special rules relating to taxable importations DIVISION 15--Creditable importations
- 15.1 What this Division is about
- 15.5 What are creditable importations?
- 15.10 Meaning of
- 15.15 Who is entitled to input tax credits for creditable importations?
- 15.20 How much are the input tax credits for creditable importations?
- 15.25 Importations that are partly creditable
- 15.99 Special rules relating to creditable importations
PART 2-4--NET AMOUNTS AND ADJUSTMENTS
DIVISION 17--Net amounts and adjustments- 17.1 What this Division is about
- 17.5 Net amounts
- 17.10 Adjustments
- 17.20 Determinations relating to how to work out net amounts
- 17.99 Special rules relating to net amounts or adjustments DIVISION 19--Adjustment events
- 19.1 What this Division is about
- 19.5 Explanation of the effect of adjustment events
- 19.10 Adjustment events
- 19.40 Where adjustments for supplies arise
- 19.45 Previously attributed GST amounts
- 19.50 Increasing adjustments for supplies
- 19.55 Decreasing adjustments for supplies
- 19.70 Where adjustments for acquisitions arise
- 19.75 Previously attributed input tax credit amounts
- 19.80 Increasing adjustments for acquisitions
- 19.85 Decreasing adjustments for acquisitions
- 19.99 Special rules relating to adjustment events DIVISION 21--Bad debts
- 21.1 What this Division is about
- 21.5 Writing off bad debts (taxable supplies)
- 21.10 Recovering amounts previously written off (taxable supplies)
- 21.15 Bad debts written off (creditable acquisitions)
- 21.20 Recovering amounts previously written off (creditable acquisitions)
- 21.99 Special rules relating to adjustments for bad debts
PART 2-5--REGISTRATION
DIVISION 23--Who is required to be registered and who may be registered- 23.1 Explanation of Division
- 23.5 Who is required to be registered
- 23.10 Who may be registered
- 23.15 The registration turnover threshold
- 23.20 Not registered for 4 years
- 23.99 Special rules relating to who is required to be registered or who may be registered DIVISION 25--How you become registered, and how your registration can be cancelled
- 25.1 When you must apply for registration
- 25.5 When the Commissioner must register you
- 25.10 The date of effect of your registration
- 25.15 Effect of backdating your registration
- 25.49 Special rules relating to registration
- 25.50 When you must apply for cancellation of registration
- 25.55 When the Commissioner must cancel registration
- 25.57 When the Commissioner may cancel your registration
- 25.60 The date of effect of your cancellation
- 25.65 Effect of backdating your cancellation of registration
- 25.99 Special rules relating to cancellation of registration
PART 2-6--TAX PERIODS
DIVISION 27--How to work out the tax periods that apply to you- 27.1 What this Division is about
- 27.5 General rule--3 month tax periods
- 27.10 Election of one month tax periods
- 27.15 Determination of one month tax periods
- 27.20 Withdrawing elections of one month tax periods
- 27.22 Revoking elections of one month tax periods
- 27.25 Revoking determinations of one month tax periods
- 27.30 Tax periods determined by the Commissioner to take account of changes in tax periods
- 27.35 Changing the days on which your tax periods end
- 27.37 Special determination of tax periods on request
- 27.38 Revoking special determination of tax periods
- 27.39 Tax periods of incapacitated entities
- 27.40 An entity's concluding tax period
- 27.99 Special rules relating to tax periods DIVISION 29--What is attributable to tax periods
- 29.1 What this Division is about
- 29.5 Attributing the GST on your taxable supplies
- 29.10 Attributing the input tax credits for your creditable acquisitions
- 29.15 Attributing the input tax credits for your creditable importations
- 29.20 Attributing your adjustments
- 29.25 Commissioner may determine particular attribution rules
- 29.39 Special rules relating to attribution rules
- 29.40 Choosing to account on a cash basis
- 29.45 Permission to account on a cash basis
- 29.50 Ceasing to account on a cash basis
- 29.69 Special rules relating to accounting on a cash basis
- 29.70 Tax invoices
- 29.75 Adjustment notes
- 29.80 Tax invoices and adjustment notes not required for low value transactions
- 29.99 Special rules relating to tax invoices and adjustment notes
PART 2-7--RETURNS, PAYMENTS AND REFUNDS
DIVISION 31--GST returns- 31.1 What this Division is about
- 31.5 Who must give GST returns
- 31.8 When GST returns must be given--quarterly tax periods
- 31.10 When GST returns must be given--other tax periods
- 31.15 The form and contents of GST returns
- 31.20 Additional GST returns
- 31.25 Electronic lodgment of GST returns
- 31.99 Special rules relating to GST returns DIVISION 33--Payments of GST
- 33.1 What this Division is about
- 33.3 When payments of assessed net amounts must be made--quarterly tax periods
- 33.5 When payments of assessed net amounts must be made--other tax periods
- 33.10 How payment of assessed net amounts are made
- 33.15 Payments of assessed GST on importations
- 33.99 Special rules relating to payments of GST DIVISION 35--Refunds
- 35.1 What this Division is about
- 35.5 Entitlement to refund
- 35.10 When entitlement arises
- 35.99 Special rules relating to refunds
PART 2-8--CHECKLIST OF SPECIAL RULES
DIVISION 37--Checklist of special rules- 37.1 Checklist of special rules
CHAPTER 3--The exemptions
PART 3-1--SUPPLIES THAT ARE NOT TAXABLE SUPPLIES
DIVISION 38--GST-free supplies- 38.1 What this Division is about
- 38.2 Food
- 38.3 Food that is not GST-free
- 38.4 Meaning of
- 38.5 Premises used in supplying food
- 38.6 Packaging of food
- 38.7 Medical services
- 38.10 Other health services
- 38.15 Other government funded health services
- 38.20 Hospital treatment
- 38.25 Residential care etc.
- 38.30 Home care etc.
- 38.35 Flexible care
- 38.38 Disability support provided to NDIS participants
- 38.40 Specialist disability services
- 38.45 Medical aids and appliances
- 38.47 Other GST-free health goods
- 38.50 Drugs and medicinal preparations etc.
- 38.55 Private health insurance etc.
- 38.60 Third party procured GST-free health supplies
- 38.85 Education courses
- 38.90 Excursions or field trips
- 38.95 Course materials
- 38.97 Lease etc. of curriculum related goods
- 38.100 Supplies that areGST-free
- 38.105 Accommodation at boarding schools etc.
- 38.110 Recognition of prior learning etc.
- 38.145 Child care--approved child care services under the family assistance law
- 38.150 Other child care
- 38.155 Supplies directly related to child care that is GST-free
- 38.185 Exports of goods
- 38.187 Lease etc. of goods for use outside the indirect tax zone
- 38.188 Tooling used by non-residents to manufacture goods for export
- 38.190 Supplies of things, other than goods or real property, for consumption outside the indirect tax zone
- 38.191 Supplies relating to the repair etc. of goods under warranty
- 38.220 Religious services
- 38.250 Nominal consideration etc.
- 38.255 Second-hand goods
- 38.260 Supplies of retirement village accommodation etc.
- 38.270 Raffles and bingo conducted by charities etc.
- 38.285 Water
- 38.290 Sewerage and sewerage-like services
- 38.295 Emptying of septic tanks
- 38.300 Drainage
- 38.325 Supply of a going concern
- 38.355 Supplies of transport and related matters
- 38.360 Travel agents arranging overseas supplies
- 38.385 Supplies of precious metals
- 38.415 Supplies through inwards duty free shops
- 38.445 Grants of freehold and similar interests by governments
- 38.450 Leases preceding grants of freehold and similar interests by governments
- 38.475 Subdivided farm land
- 38.480 Farm land supplied for farming
- 38.505 Disabled veterans
- 38.510 Other disabled people
- 38.540 International mail
- 38.570 Telecommunication supplies made under arrangements for global roaming in the indirect tax zone
- 38.590 Eligible emissions units
- 38.610 Inbound intangible consumer supplies DIVISION 40--Input taxed supplies
- 40.1 What this Division is about
- 40.5 Financial supplies
- 40.35 Residential rent
- 40.65 Sales of residential premises
- 40.70 Supplies of residential premises by way of long-term lease
- 40.75 Meaning of
- 40.100 Precious metals
- 40.130 School tuckshops and canteens
- 40.160 Fund-raising events conducted by charities etc.
- 40.165 Meaning of
- 40.180 Inbound intangible consumer supplies
PART 3-2--NON-TAXABLE IMPORTATIONS
DIVISION 42--Non-taxable importations- 42.1 What this Division is about
- 42.5 Non-taxable importations--Schedule 4 to the
- 42.10 Goods returned to the indirect tax zone in an unaltered condition
- 42.15 Supplies of low value goods
CHAPTER 4--The special rules
DIVISION 45--IntroductionPART 4-1--SPECIAL RULES MAINLY ABOUT PARTICULAR WAYS ENTITIES ARE ORGANISED
DIVISION 48--GST groups- 48.1 What this Division is about
- 48.5 Formation of GST groups
- 48.7 Membership of GST groups
- 48.10 Membership requirements of a GST group
- 48.15 Relationship of companies and non-companies in a GST group
- 48.40 Who is liable for GST
- 48.45 Who is entitled to input tax credits
- 48.50 Adjustments
- 48.51 Consequences of being a member of a GST group for part of a tax period
- 48.52 Consequences for a representative member of membership change during a tax period
- 48.53 Consequences of changing a representative member during a tax period
- 48.55 GST groups treated as single entities for certain purposes
- 48.57 Tax invoices that are required to identify recipients
- 48.60 GST returns
- 48.70 Changing the membership etc. of GST groups
- 48.71 Approval of early day of effect of forming, changing etc. GST groups
- 48.73 Tax periods of GST groups with incapacitated members
- 48.75 Effect of representative member becoming an incapacitated entity
- 48.110 Adjustments after you cease to be a member of a GST group
- 48.115 Changes in extent of creditable purpose after you cease to be a member of a GST group DIVISION 49--GST religious groups
- 49.1 What this Division is about
- 49.5 Approval of GST religious groups
- 49.10 Membership requirements of a GST religious group
- 49.30 Supplies between members of GST religious groups
- 49.35 Acquisitions between members of GST religious groups
- 49.40 Adjustment events
- 49.45 Changes in the extent of creditable purpose
- 49.50 GST religious groups treated as single entities for certain purposes
- 49.70 Changing the membership etc. of GST religious groups
- 49.75 Revoking the approval of GST religious groups
- 49.80 Notification by principal members
- 49.85 Date of effect of approvals and revocations
- 49.90 Notification by the Commissioner DIVISION 50--GST treatment of religious practitioners
- 50.1 What this Division is about
- 50.5 GST treatment of religious practitioners DIVISION 51--GST joint ventures
- 51.1 What this Division is about
- 51.5 Formation of GST joint ventures
- 51.7 Participants in GST joint ventures
- 51.10 Participation requirements of a GST joint venture
- 51.30 Who is liable for GST
- 51.35 Who is entitled to input tax credits
- 51.40 Adjustments
- 51.45 Additional net amounts relating to GST joint ventures
- 51.50 GST returns relating to GST joint ventures
- 51.52 Consolidation of GST returns relating to GST joint ventures
- 51.55 Payments of GST relating to GST joint ventures
- 51.60 Refunds relating to GST joint ventures
- 51.70 Changing the participants etc. of GST joint ventures
- 51.75 Approval of early day of effect of forming, changing etc. GST joint ventures
- 51.110 Adjustments after you cease to be a participant in a GST joint venture
- 51.115 Changes in extent of creditable purpose after you cease to be a member of a GST joint venture DIVISION 54--GST branches
- 54.1 What this Division is about
- 54.5 Registration of GST branches
- 54.10 The date of effect of registration of a GST branch
- 54.15 GST branch registration number
- 54.40 Additional net amounts relating to GST branches
- 54.45 Net amounts of parent entities
- 54.50 Tax invoices and adjustment notes
- 54.55 GST returns relating to GST branches
- 54.60 Payments of GST relating to GST branches
- 54.65 Refunds relating to GST branches
- 54.70 When an entity must apply for cancellation of registration of a GST branch
- 54.75 When the Commissioner must cancel registration of a GST branch
- 54.80 The date of effect of cancellation of registration of a GST branch
- 54.85 Application of Subdivision 25-B
- 54.90 Effect on GST branches of cancelling the entity's registration DIVISION 57--Resident agents acting for non-residents
- 57.1 What this Division is about
- 57.5 Who is liable for GST
- 57.7 Agreement to apply this Division to all supplies through a resident agent
- 57.10 Who is entitled to input tax credits
- 57.15 Adjustments
- 57.20 Resident agents are required to be registered
- 57.25 Cancellation of registration of a resident agent
- 57.30 Notice of cessation of agency
- 57.35 Tax periods of resident agents
- 57.40 GST returns for non-residents
- 57.45 Resident agents giving GST returns
- 57.50 Non-residents that belong to GST groups DIVISION 58--Representatives of incapacitated entities
- 58.1 What this Division is about
- 58.5 General principle for the relationship between incapacitated entities and their representatives
- 58.10 Circumstances in which representatives have GST-related liabilities and entitlements
- 58.15 Adjustments for bad debts
- 58.20 Representatives are required to be registered
- 58.25 Cancellation of registration of a representative
- 58.30 Notice of cessation of representation
- 58.35 Tax periods of representatives
- 58.40 Effect on attribution rules of not accounting on a cash basis
- 58.45 GST returns for representatives of incapacitated entities
- 58.50 Representatives to give GST returns for incapacitated entities
- 58.55 Incapacitated entities not required to give GST returns in some cases
- 58.60 Representative to notify Commissioner of certain liabilities etc.
- 58.65 Money available to meet representative's liabilities
- 58.70 Protection for actions of representative
- 58.95 Division does not apply to the extent that the representative is a creditor of the incapacitated entity DIVISION 60--Pre-establishment costs
- 60.1 What this Division is about
- 60.5 Input tax credit for acquisitions and importations before establishment
- 60.10 Registration etc. not needed for input tax credits
- 60.15 Pre-establishment acquisitions and importations
- 60.20 Creditable purpose
- 60.25 Attributing the input tax credit for pre-establishment acquisitions
- 60.30 Attributing the input tax credit for pre-establishment importations
- 60.35 Application of Division 129 DIVISION 63--Non-profit sub-entities
- 63.1 What this Division is about
- 63.5 Entities that may choose to apply this Division
- 63.10 Period for which a choice has effect
- 63.15 Consequences of choosing to apply this Division
- 63.20 Non-profit sub-entities may register
- 63.25 Registration turnover threshold for non-profit sub-entities
- 63.27 Application of particular provisions relating to charities etc.
- 63.30 When non-profit sub-entities must apply for cancellation of registration
- 63.35 When the Commissioner must cancel registration of non-profit sub-entities
- 63.40 Effect on adjustments of becoming a non-profit sub-entity
- 63.45 Effect on adjustments of ceasing to be a non-profit sub-entity
- 63.50 Membership requirements of GST groups
PART 4-2--SPECIAL RULES MAINLY ABOUT SUPPLIES AND ACQUISITIONS
DIVISION 66--Second-hand goods- 66.1 What this Division is about
- 66.5 Creditable acquisitions of second-hand goods
- 66.10 Amounts of input tax credits for creditable acquisitions of second-hand goods
- 66.15 Attributing input tax credits for creditable acquisitions of second-hand goods
- 66.17 Records of creditable acquisitions of second-hand goods
- 66.40 Acquisitions of second-hand goods that can be used to offset GST on future re-supplies
- 66.45 Future re-supplies that are not taxable supplies
- 66.50 Future re-supplies on which GST is reduced
- 66.55 Records of acquisitions of second-hand goods to which this Subdivision applied
- 66.60 Input tax credits for acquiring second-hand goods the supply of which is not fully taxable
- 66.65 Total Subdivision 66-B credit amounts and Subdivision 66-B GST amounts
- 66.70 Commissioner may determine rules for applying this Subdivision DIVISION 69--Non-deductible expenses
- 69.1 What this Division is about
- 69.5 Non-deductible expenses do not give rise to creditable acquisitions or creditable importations
- 69.10 Amounts of input tax credits for creditable acquisitions or creditable importations of certain cars
- 69.15 What this Subdivision is about
- 69.20 Effect of elections on net amounts
- 69.25 Election to use the 50/50 split method for meal entertainment
- 69.30 Election to use the 12 week register method for meal entertainment
- 69.35 Election to use the 50/50 split method for entertainment facilities
- 69.40 When elections take effect
- 69.45 When elections cease to have effect
- 69.50 Adjustment events relating to elections
- 69.55 Adjustment notes not required DIVISION 70--Financial supplies (reduced credit acquisitions)
- 70.1 What this Division is about
- 70.5 Acquisitions that attract the reduced credit
- 70.10 Extended meaning of
- 70.15 How much are the reduced input tax credits?
- 70.20 Extent of creditable purpose
- 70.25 Sale of reduced credit acquisitions (Division 132) DIVISION 71--Fringe benefits provided by input taxed suppliers
- 71.1 What this Division is about
- 71.5 Acquisitions by input taxed suppliers to provide fringe benefits
- 71.10 Importations by input taxed suppliers to provide fringe benefits DIVISION 72--Associates
- 72.1 What this Division is about
- 72.5 Taxable supplies without consideration
- 72.10 The value of taxable supplies without consideration
- 72.15 Attributing the GST to tax periods
- 72.20 Supplies and acquisitions that would otherwise be sales etc.
- 72.25 Supplies that would otherwise be GST-free, input taxed or financial supplies
- 72.40 Creditable acquisitions without consideration
- 72.45 The amount of the input tax credit
- 72.50 Attributing the input tax credit to tax periods
- 72.70 The value of taxable supplies for inadequate consideration
- 72.90 GST branches
- 72.92 Non-profit sub-entities
- 72.95 Commonwealth government entities
- 72.100 State or Territory government entities DIVISION 75--Sale of freehold interests etc.
- 75.1 What this Division is about
- 75.5 Applying the margin scheme
- 75.10 The amount of GST on taxable supplies
- 75.11 Margins for supplies of real property in particular circumstances
- 75.12 Working out margins to take into account failure to pay full consideration
- 75.13 Working out margins to take into account supplies to associates
- 75.14 Consideration for acquisition of real property not to include cost of improvements etc.
- 75.15 Subdivided real property
- 75.16 Margins for supplies of real property acquired through several acquisitions
- 75.20 Supplies under a margin scheme do not give rise to creditable acquisitions
- 75.22 Increasing adjustment relating to input tax credit entitlement
- 75.25 Adjustments relating to bad debts
- 75.27 Decreasing adjustment for later payment of consideration
- 75.30 Tax invoices not required for supplies of real property under the margin scheme
- 75.35 Approved valuations DIVISION 78--Insurance
- 78.1 What this Division is about
- 78.5 GST on insurance premiums is exclusive of stamp duty
- 78.10 Decreasing adjustments for settlements of insurance claims
- 78.15 How to work out the decreasing adjustments
- 78.18 Increasing adjustments for payments of excess under insurance policies
- 78.20 Settlements of insurance claims do not give rise to creditable acquisitions
- 78.25 Supplies in settlement of claims are not taxable supplies
- 78.30 Acquisitions by insurers in the course of settling claims under non-taxable policies
- 78.35 Taxable supplies relating to rights of subrogation
- 78.40 Adjustment events relating to decreasing adjustments under this Division
- 78.42 Adjustment events relating to increasing adjustments under section 78-18
- 78.45 Settlements of insurance claims do not give rise to taxable supplies
- 78.50 Settlements of insurance claims give rise to taxable supplies if entitlement to input tax credits is not disclosed
- 78.55 Payments of excess under insurance policies are not consideration for supplies
- 78.60 Supplies of goods to insurers in the course of settling claims
- 78.65 Payments etc. to third parties by insurers
- 78.70 Payments etc. to third parties by insured entities
- 78.75 Creditable acquisitions relating to rights of subrogation
- 78.80 Net amounts
- 78.85 GST returns
- 78.90 Payments of GST
- 78.95 GST on premiums etc. under statutory compensation schemes is exclusive of stamp duty
- 78.100 Settlements of claims for compensation under statutory compensation schemes
- 78.105 Meaning of
- 78.110 Effect of judgments and court orders
- 78.115 Exclusion of certain Commonwealth, State or Territory insurance schemes
- 78.118 Portfolio transfers
- 78.120 HIH rescue package DIVISION 79--Compulsory third party schemes
- 79.1 What this Division is about
- 79.5 Application of sections 78-10 and 78-15 (about decreasing adjustments) where premium selection test is satisfied
- 79.10 Adjustment where operator becomes aware that correct input tax credit situation differs from basis on which premium selection test was satisfied
- 79.15 Application of sections 78-10 and 78-15 (about decreasing adjustments) where sole operator election to use average input tax credit entitlement
- 79.20 Extension of various references in Division 78 to rights of subrogation to cover other rights of recovery
- 79.25 Meaning of
- 79.30 Application of Division 78
- 79.35 Meaning ofetc.
- 79.40 GST on CTP premiums is exclusive of stamp duty
- 79.45 Exclusion of certain compulsory third party schemes
- 79.50 Decreasing adjustments for CTP compensation or ancillary payments or supplies
- 79.55 Increasing adjustments for payments of excess etc. under compulsory third party schemes
- 79.60 Effect of settlements and payments under compulsory third party schemes
- 79.65 Taxable supplies relating to recovery by operators of compulsory third party schemes
- 79.70 Adjustment events relating to decreasing adjustments for operators of compulsory third party schemes
- 79.75 Adjustment events relating to increasing adjustments under section 79-55
- 79.80 Payments of excess under compulsory third party schemes are not consideration for supplies
- 79.85 Supplies of goods to operators in the course of settling claims
- 79.90 Effect of judgments and court orders
- 79.95 How to work out decreasing adjustments using the applicable average input tax credit fraction
- 79.100 Meaning of DIVISION 80--Settlement sharing arrangements
- 80.1 What this Division is about
- 80.5 Meaning ofetc.
- 80.10 Effect of becoming parties to industry deeds or entering into settlement sharing arrangements
- 80.15 Effect of contributing operator's payment
- 80.20 Managing operator's payments or supplies
- 80.25 Contributing operator's payment
- 80.30 Managing operator's increasing adjustment where contributing operator's payment
- 80.35 Adjustment events relating to managing operator's payment or supply
- 80.40 Meaning ofetc.
- 80.45 Nominal defendant settlement sharing arrangements to which this Subdivision applies
- 80.50 Effect of becoming parties to industry deeds or entering into nominal defendant settlement sharing arrangements
- 80.55 Effect of contributing operator's payment
- 80.60 Managing operator's payment or supply
- 80.65 Contributing operator's payment
- 80.70 Managing operator's increasing adjustment where contributing operator's payment
- 80.75 Adjustment events relating to managing operator's payment or supply
- 80.80 Meaning ofetc.
- 80.85 Subdivision 80-A to apply to hybrid settlement sharing arrangement, subject to exceptions
- 80.90 Subdivision 80-B to apply to payments or supplies by managing operator of hybrid settlement sharing arrangement who is also managing operator of nominal defendant settlement sharing arrangement
- 80.95 Subdivision 80-B to apply to payments or supplies by contributing operator of hybrid settlement sharing arrangement who is also managing operator of nominal defendant settlement sharing arrangement DIVISION 81--Payments of taxes, fees and charges
- 81.1 What this Division is about
- 81.5 Effect of payment of tax
- 81.10 Effect of payment of certain fees and charges
- 81.15 Other fees and charges that do not constitute consideration
- 81.20 Division has effect despite sections 9-15 and 9-17
- 81.25 Retrospective application of regulations DIVISION 82--Supplies in return for rights to develop land
- 82.1 What this Division is about
- 82.5 Supplies of rights to develop land do not constitute consideration in certain cases
- 82.10 Supplies by Australian government agencies of rights to develop land are not for consideration DIVISION 83--Non-residents making supplies connected with the indirect tax zone
- 83.1 What this Division is about
- 83.5 "Reverse charge" on supplies made by non-residents
- 83.10 Recipients who are members of GST groups
- 83.15 Recipients who are participants in GST joint ventures
- 83.20 The amount of GST on "reverse charged" supplies made by non-residents
- 83.25 When non-residents must apply for registration
- 83.30 When the Commissioner must register non-residents
- 83.35 Tax invoices not required for "reverse charged" supplies made by non-residents DIVISION 84--Offshore supplies
- 84.1 What this Subdivision is about
- 84.5 Offshore supplies that are taxable supplies under this Subdivision
- 84.10 "Reverse charge" on offshore supplies
- 84.12 The amount of GST on offshore supplies that are "reverse charged"
- 84.13 The amount of input tax credits relating to offshore supplies
- 84.14 Supplies relating to employee share ownership schemes
- 84.15 Transfers etc. between branches of the same entity
- 84.20 The price of taxable supplies of offshore intangibles without, or for inadequate, consideration
- 84.25 Tax periods for supplies from associates that are not connected with the indirect tax zone
- 84.30 Adjustments for acquisitions made solely for a creditable purpose
- 84.45 What this Subdivision is about
- 84.50 No tax invoices or adjustment notes for inbound intangible consumer supplies
- 84.55 Operator of electronic distribution platform treated as supplier
- 84.60 Extension of section 84-55 to certain other supplies through an electronic distribution platform
- 84.65 Meaning of
- 84.70 Meaning of
- 84.73 What this Subdivision is about
- 84.75 Supplies of low value goods that are
- 84.77 Meaning of
- 84.79 Meaning of
- 84.81 Who makes an offshore supply of low value goods
- 84.83 Exception--when supplier reasonably believes there will be a taxable importation
- 84.85 Exception--when there is also a taxable importation
- 84.87 No tax invoices or adjustment notes for offshore supplies of low value goods
- 84.89 Notifying amounts of GST to recipients of offshore supplies of low value goods
- 84.91 The amount of GST on offshore supplies of low value goods made by redeliverers
- 84.93 Suppliers of offshore supplies of low value goods to ensure tax information is included in customs documents
- 84.95 What this Subdivision is about
- 84.100 When entities are treated as not being Australian consumers
- 84.105 When entities are treated as not being consumers DIVISION 85--Telecommunication supplies
- 85.1 What this Division is about
- 85.5 When telecommunication supplies are connected with the indirect tax zone
- 85.10 Meaning of DIVISION 86--Valuable metals
- 86.1 What this Division is about
- 86.5 "Reverse charge" on supplies of goods consisting of valuable metal
- 86.10 The valuable metal threshold
- 86.15 Recipients who are members of GST groups
- 86.20 Recipients who are participants in GST joint ventures
- 86.25 The amount of GST on "reverse charged" supplies of goods consisting of valuable metal DIVISION 87--Long-term accommodation in commercial residential premises
- 87.1 What this Division is about
- 87.5 Commercial residential premises that are predominantly for long-term accommodation
- 87.10 Commercial residential premises that are not predominantly for long-term accommodation
- 87.15 Meaning of
- 87.20 Meaning ofetc.
- 87.25 Suppliers may choose not to apply this Division DIVISION 90--Company amalgamations
- 90.1 What this Division is about
- 90.5 Supplies not taxable--amalgamated company registered or required to be registered
- 90.10 Value of taxable supplies--amalgamated company not registered or required to be registered
- 90.15 Acquisitions not creditable--amalgamated company registered or required to be registered
- 90.20 Liability after amalgamation for GST on amalgamating company's supplies
- 90.25 Entitlement after amalgamation to input tax credits for amalgamating company's acquisitions
- 90.30 Adjustments
- 90.35 Amalgamating companies accounting on a cash basis DIVISION 93--Time limit on entitlements to input tax credits
- 93.1 What this Division is about
- 93.5 Time limit on entitlements to input tax credits
- 93.10 Exceptions to time limit on entitlements to input tax credits
- 93.15 GST no longer able to be taken into account DIVISION 96--Supplies partly connected with the indirect tax zone
- 96.1 What this Division is about
- 96.5 Supplies that are only partly connected with the indirect tax zone
- 96.10 The value of the taxable components of supplies that are only partly connected with the indirect tax zone DIVISION 99--Deposits as security
- 99.1 What this Division is about
- 99.5 Giving a deposit as security does not constitute consideration
- 99.10 Attributing the GST relating to deposits that are forfeited etc. DIVISION 100--Vouchers
- 100.1 What this Division is about
- 100.5 Supplies of vouchers with a stated monetary value
- 100.10 Redemption of vouchers
- 100.12 Consideration on redemption of vouchers
- 100.15 Increasing adjustments for unredeemed vouchers
- 100.18 Arrangement for supply of voucher
- 100.20 Vouchers supplied to non-residents and redeemed by others in the indirect tax zone
- 100.25 Meaning ofetc. DIVISION 102--Cancelled lay-by sales
- 102.1 What this Division is about
- 102.5 Cancelled lay-by sales
- 102.10 Attributing GST and input tax credits DIVISION 105--Supplies in satisfaction of debts
- 105.1 What this Division is about
- 105.5 Supplies by creditors in satisfaction of debts may be taxable supplies
- 105.10 Net amounts
- 105.15 GST returns
- 105.20 Payments of GST DIVISION 108--Valuation of taxable supplies of goods in bond
- 108.1 What this Division is about
- 108.5 Taxable supplies of goods in bond etc. DIVISION 110--Tax-related transactions
- 110.1 What this Division is about
- 110.5 Transfers of tax losses and net capital losses
- 110.15 Supplies under operation of consolidated group regime
- 110.20 Tax sharing agreements--entering into agreement etc.
- 110.25 Tax sharing agreements--leaving group clear of group liability
- 110.30 Tax funding agreements
- 110.60 Indirect tax sharing agreements--entering into agreement etc.
- 110.65 Indirect tax sharing agreements--leaving GST group or GST joint venture clear of liability DIVISION 111--Reimbursement of employees etc.
- 111.1 What this Division is about
- 111.5 Creditable acquisitions relating to reimbursements
- 111.10 Amounts of input tax credits relating to reimbursements
- 111.15 Tax invoices relating to reimbursements
- 111.18 Application of Division to volunteers working for charities etc.
- 111.20 Application of Division to recipients of certain withholding payments
- 111.25 Employers paying expenses of employees etc.
- 111.30 Reimbursements etc. of former or future employees etc. DIVISION 113--PAYG voluntary agreements
- 113.1 What this Division is about
- 113.5 Supply of work or services not a taxable supply
CHAPTER 4--The special rules
PART 4-3--SPECIAL RULES MAINLY ABOUT IMPORTATIONS
DIVISION 114--Importations without entry for home consumption- 114.1 What this Division is about
- 114.5 Importations without entry for home consumption
- 114.10 Goods that have already been entered for home consumption etc.
- 114.15 Payments of amounts of assessed GST where security for payment of customs duty is forfeited
- 114.20 Payments of amounts of assessed GST where delivery into home consumption is authorised under section 71 of the Customs Act
- 114.25 Warehoused goods entered for home consumption by an entity other than the importer DIVISION 117--Valuation of re-imported goods
- 117.1 What this Division is about
- 117.5 Valuation of taxable importations of goods that were exported for repair or renovation
- 117.10 Valuation of taxable importations of live animals that were exported
- 117.15 Refunds of assessed GST on certain reimportations of live animals
PART 4-4--SPECIAL RULES MAINLY ABOUT NET AMOUNTS AND ADJUSTMENTS
DIVISION 123--Simplified accounting methods for retailers and small enterprise entities- 123.1 What this Division is about
- 123.5 Commissioner may determine simplified accounting methods
- 123.7 Meaning of
- 123.10 Choosing to apply a simplified accounting method
- 123.15 Net amounts DIVISION 126--Gambling
- 126.1 What this Division is about
- 126.5 Global accounting system for gambling supplies
- 126.10 Global GST amounts
- 126.15 Losses carried forward
- 126.20 Bad debts
- 126.25 Application of Subdivision 9-C
- 126.27 When gambling supplies are connected with the indirect tax zone
- 126.30 Gambling supplies do not give rise to creditable acquisitions
- 126.32 Repayments of gambling losses are not consideration
- 126.33 Tax invoices not required for gambling supplies
- 126.35 Meaning ofand DIVISION 129--Changes in the extent of creditable purpose
- 129.1 What this Division is about
- 129.5 Adjustments arising under this Division
- 129.10 Adjustments do not arise under this Division for acquisitions and importations below a certain value
- 129.15 Adjustments do not arise under this Division where there are adjustments under Division 130
- 129.20 Adjustment periods
- 129.25 Effect on adjustment periods of things being disposed of etc.
- 129.40 Working out whether you have an adjustment
- 129.45 Gifts to gift-deductible entities
- 129.50 Creditable purpose
- 129.55 Meaning of
- 129.70 The amount of an increasing adjustment
- 129.75 The amount of a decreasing adjustment
- 129.80 Effect of adjustment under certain Divisions
- 129.90 Attributing your adjustments for changes in extent of creditable purpose DIVISION 130--Goods applied solely to private or domestic use
- 130.1 What this Division is about
- 130.5 Goods applied solely to private or domestic use DIVISION 131--Annual apportionment of creditable purpose
- 131.1 What this Division is about
- 131.5 Eligibility to make an annual apportionment election
- 131.10 Making an annual apportionment election
- 131.15 Annual apportionment elections by representative members of GST groups
- 131.20 Duration of an annual apportionment election
- 131.40 Input tax credits for acquisitions that are partly creditable
- 131.45 Input tax credits for importations that are partly creditable
- 131.50 Amounts of input tax credits for creditable acquisitions or creditable importations of certain cars
- 131.55 Increasing adjustments relating to annually apportioned acquisitions and importations
- 131.60 Attributing adjustments under section 131-55 DIVISION 132--Supplies of things acquired etc. without full input tax credits
- 132.1 What this Division is about
- 132.5 Decreasing adjustments for supplies of things acquired, imported or applied for a purpose that is not fully creditable
- 132.10 Attribution of adjustments under this Division DIVISION 133--Providing additional consideration under gross-up clauses
- 133.1 What this Division is about
- 133.5 Decreasing adjustments for additional consideration provided under gross-up clauses
- 133.10 Availability of adjustments under Division 19 for acquisitions DIVISION 134--Third party payments
- 134.1 What this Division is about
- 134.5 Decreasing adjustments for payments made to third parties
- 134.10 Increasing adjustments for payments received by third parties
- 134.15 Attribution of decreasing adjustments
- 134.20 Third party adjustment notes
- 134.25 Adjustment events do not arise
- 134.30 Application of sections 48-55 and 49-50 DIVISION 135--Supplies of going concerns
- 135.1 What this Division is about
- 135.5 Initial adjustments for supplies of going concerns
- 135.10 Later adjustments for supplies of going concerns DIVISION 136--Bad debts relating to transactions that are not taxable or creditable to the fullest extent
- 136.1 What this Division is about
- 136.5 Adjustments relating to partly taxable supplies
- 136.10 Adjustments in relation to partly creditable acquisitions
- 136.30 Writing off bad debts (taxable supplies)
- 136.35 Recovering amounts previously written off (taxable supplies)
- 136.40 Bad debts written off (creditable acquisitions)
- 136.45 Recovering amounts previously written off (creditable acquisitions)
- 136.50 Meanings of taxable at less than/of the price and creditable at less than/of the consideration DIVISION 137--Stock on hand on becoming registered etc.
- 137.1 What this Division is about
- 137.5 Adjustments for stock on hand on becoming registered etc. DIVISION 138--Cessation of registration
- 138.1 What this Division is about
- 138.5 Adjustments for cessation of registration
- 138.10 Attributing adjustments for cessation of registration
- 138.15 Ceasing to be registered--amounts not previously attributed
- 138.17 Situations to which this Division does not apply
- 138.20 Application of Division 129 DIVISION 139--Distributions from deceased estates
- 139.1 What this Division is about
- 139.5 Adjustments for distributions from deceased estates
- 139.10 Attributing adjustments for distributions from deceased estates
- 139.15 Application of Division 129 DIVISION 141--Tradex scheme goods
- 141.1 What this Division is about
- 141.5 Adjustments for applying goods contrary to the Tradex Scheme
- 141.10 Meaning ofetc.
- 141.15 Attribution of adjustments under this Division
- 141.20 Application of Division 129 DIVISION 142--Excess GST
- 142.1 What this Division is about
- 142.5 When this Subdivision applies
- 142.10 Refunding the excess GST
- 142.15 When section 142-10 does not apply
- 142.16 No refund of excess GST relating to supplies treated as non-taxable importations
- 142.20 Refunding GST relating to cancelled supplies
- 142.25 Working out if GST has been passed on
PART 4-5--SPECIAL RULES MAINLY ABOUT REGISTRATION
DIVISION 144--Taxis- 144.1 What this Division is about
- 144.5 Requirement to register DIVISION 146--Limited registration entities
- 146.1 What this Division is about
- 146.5 Limited registration entities
- 146.10 Limited registration entities cannot make creditable acquisitions
- 146.15 Limited registration entities cannot make creditable importations
- 146.20 Entries in the Australian Business Register
- 146.25 Limited registration entities have only quarterly tax periods DIVISION 149--Government entities
- 149.1 What this Division is about
- 149.5 Government entities may register
- 149.10 Government entities are not required to be registered
- 149.15 GST law applies to registered government entities
- 149.20 Government entities not required to cancel their registration
- 149.25 Membership requirements of a government GST group
PART 4-6--SPECIAL RULES MAINLY ABOUT TAX PERIODS
DIVISION 151--Annual tax periods- 151.1 What this Division is about
- 151.5 Eligibility to make an annual tax period election
- 151.10 Making an annual tax period election
- 151.15 Annual tax period elections by representative members of GST groups
- 151.20 When you must make your annual tax period election
- 151.25 Duration of an annual tax period election
- 151.40 Annual tax periods
- 151.45 When GST returns for annual tax periods must be given
- 151.50 When payments of assessed net amounts for annual tax periods must be made
- 151.55 An entity's concluding annual tax period
- 151.60 The effect of incapacitation or cessation DIVISION 153--Agents etc. and insurance brokers
- 153.1 What this Division is about
- 153.5 Attributing the input tax credits for your creditable acquisitions
- 153.10 Attributing your adjustments
- 153.15 Tax invoices
- 153.20 Adjustment notes
- 153.25 Insurance supplied through insurance brokers
- 153.50 Arrangements under which intermediaries are treated as suppliers or acquirers
- 153.55 The effect of these arrangements on supplies
- 153.60 The effect of these arrangements on acquisitions
- 153.65 Determinations that supplies or acquisitions are taken to be under these arrangements DIVISION 156--Supplies and acquisitions made on a progressive or periodic basis
- 156.1 What this Division is about
- 156.5 Attributing the GST on progressive or periodic supplies
- 156.10 Attributing the input tax credits on progressive or periodic acquisitions
- 156.15 Progressive or periodic supplies partly connected with the indirect tax zone
- 156.17 Application of Division 58 to progressive or periodic supplies and acquisitions
- 156.20 Application of Division 129 to progressive or periodic acquisitions
- 156.22 Leases etc. treated as being on a progressive or periodic basis
- 156.23 Certain supplies or acquisitions under hire purchase agreements treated as not on progressive or periodic basis
- 156.25 Accounting on a cash basis DIVISION 157--Accounting basis of charities etc.
- 157.1 What this Division is about
- 157.5 Charities etc. choosing to account on a cash basis
- 157.10 Charities etc. ceasing to account on a cash basis DIVISION 158--Hire purchase agreements
- 158.1 What this Division is about
- 158.5 Treat as not accounting on a cash basis DIVISION 159--Changing your accounting basis
- 159.1 What this Division is about
- 159.5 Ceasing to account on a cash basis--amounts not previously attributed
- 159.10 Ceasing to account on a cash basis--amounts partly attributed
- 159.15 Ceasing to account on a cash basis--bad debts
- 159.20 Starting to account on a cash basis
- 159.25 Starting to account on a cash basis--bad debts
- 159.30 Entities ceasing to exist or coming into existence
PART 4-7--SPECIAL RULES MAINLY ABOUT RETURNS, PAYMENTS AND REFUNDS
DIVISION 162--Payment of GST by instalments- 162.1 What this Division is about
- 162.5 Eligibility to elect to pay GST by instalments
- 162.10 Your current GST lodgment record
- 162.15 Electing to pay GST by instalments
- 162.20 Elections by representative members of GST groups
- 162.25 When you must make your election
- 162.30 Duration of your election
- 162.50 GST instalment payers
- 162.55 Tax periods for GST instalment payers
- 162.60 When GST returns for GST instalment payers must be given
- 162.65 The form and contents of GST returns for GST instalment payers
- 162.70 Payment of GST instalments
- 162.75 Giving notices relating to GST instalments
- 162.80 Certain entities pay only 2 GST instalments for each year
- 162.85 A GST instalment payer's concluding tax period
- 162.90 The effect of incapacitation or cessation
- 162.95 The effect of changing the membership of GST groups
- 162.100 General interest charge on late payment
- 162.105 Net amounts for GST instalment payers
- 162.110 When payments of assessed net amounts must be made--GST instalment payers
- 162.130 What are your GST instalments
- 162.135 Notified instalment amounts
- 162.140 Varied instalment amounts
- 162.145 Your annual GST liability
- 162.170 What this Subdivision is about
- 162.175 GST payments are less than 85% of annual GST liability
- 162.180 Estimated annual GST amount is less than 85% of annual GST liability
- 162.185 Shortfall in GST instalments worked out on the basis of estimated annual GST amount
- 162.190 Periods for which penalty is payable
- 162.195 Reduction in penalties if notified instalment amount is less than 25% of annual GST liability
- 162.200 Reduction in penalties if GST instalment shortfall is made up in a later instalment
- 162.205 This Subdivision does not create a liability for general interest charge DIVISION 165--Anti-avoidance
- 165.1 What this Division is about
- 165.5 When does this Division operate?
- 165.10 When does an entity get afrom a scheme?
- 165.15 Matters to be considered in determining purpose or effect
- 165.40 Commissioner may make declaration for purpose of negating avoider's GST benefits
- 165.45 Commissioner may reduce an entity's net amount or GST to compensate
- 165.50 Declaration has effect according to its terms
- 165.55 Commissioner may disregard scheme in making declarations
- 165.60 One declaration may cover several tax periods and importations
- 165.65 Commissioner must give copy of declaration to entity affected DIVISION 168--Tourist refund scheme
- 168.1 What this Division is about
- 168.5 Tourist refund scheme
- 168.10 Supplies later found to be GST-free supplies DIVISION 171--Customs security etc. given on taxable importations
- 171.1 What this Division is about
- 171.5 Security or undertaking given under section 162 or 162A of the Customs Act
CHAPTER 5--Miscellaneous
PART 5-1--MISCELLANEOUS
DIVISION 176--Endorsement of charities etc.- 176.1 Endorsement by Commissioner as charity DIVISION 177--Miscellaneous
- 177.1 Commonwealth etc. not liable to pay GST
- 177.3 Acquisitions from State or Territory bodies where GST liability is notional
- 177.5 Cancellation of exemptions from GST
- 177.10 Ministerial determinations
- 177.11 Delegation by Aged Care Secretary
- 177.12 GST implications of references to price, value etc. in other Acts
- 177.15 Regulations
- 177.20 Review of provisions relating to offshore supplies of low value goods
CHAPTER 6--Interpreting this Act
PART 6-1--RULES FOR INTERPRETING THIS ACT
DIVISION 182--Rules for interpreting this Act- 182.1 What forms part of this Act
- 182.5 What does not form part of this Act
- 182.10 Explanatory sections, and their role in interpreting this Act
- 182.15 Schedules 1, 2 and 3
PART 6-2--MEANING OF SOME IMPORTANT CONCEPTS
DIVISION 184--Meaning of entity- 184.1 Entities
- 184.5 Supplies etc. by partnerships and other unincorporated bodies DIVISION 188--Meaning of GST turnover
- 188.1 What this Division is about
- 188.5 Explanation of the turnover thresholds
- 188.10 Whether your GST turnover meets, or does not exceed, a turnover threshold
- 188.15 Current GST turnover
- 188.20 Projected GST turnover
- 188.22 Settlements of insurance claims to be disregarded
- 188.23 Supplies "reverse charged" under Division 83 or 86 not to be included in a recipient's GST turnover
- 188.24 Supplies to which Subdivision 153-B applies
- 188.25 Transfer of capital assets, and termination etc. of enterprise, to be disregarded
- 188.30 The value of non-taxable supplies
- 188.32 The value of gambling supplies
- 188.35 The value of loans
- 188.40 Supplies of employee services by overseas entities to be disregarded for the registration turnover threshold DIVISION 189--Exceeding the financial acquisitions threshold
- 189.1 What this Division is about
- 189.5 Exceeding the financial acquisitions threshold--current acquisitions
- 189.10 Exceeding the financial acquisitions threshold--future acquisitions
- 189.15 Meaning of DIVISION 190--90% owned groups of companies
- 190.1 90% owned groups
- 190.5 When a company has at least a 90% stake in another company