A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 48.10 Membership requirements of a GST group
A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 48.10
Membership requirements of a GST group(1) An entity satisfies the membership requirements of a * GST group, or a proposed GST group, if the entity:
(i) a * company; or
(ii) a * partnership, trust or individual that satisfies the requirements specified in the regulations; and
(b) is, if the entity is a company, a company of the same * 90% owned group as all the other members of the GST group or proposed GST group that are also companies; and
(c) is * registered; and
(d) has the same tax periods applying to it as the tax periods applying to all the other members of the GST group or proposed GST group; and
(e) accounts on the same basis as all the other members of the GST group or proposed GST group; and
(f) is not a member of any other GST group; and
(g) does not have any branch that is registered under Division 54.
(2) Paragraph (1)(b) does not apply if:
(a) the entity is a non - profit body; and
(b) all the other members of the GST group or proposed GST group are non - profit bodies; and
(c) the entity and all those other members are members of the same * non - profit association.
Note 1: For the membership requirements of non - profit sub - entities, see section 63 - 50.
Note 2: For the membership requirements of a GST group of government related entities, see section 149 - 25.
(2A) Paragraph (1)(d) does not apply in relation to a tax period that the Commissioner has determined under section 27 - 30 if the tax period:
(a) ends at the same time as a tax period (a corresponding tax period ) of each of the other * members of the * GST group; and
(b) is not longer than any corresponding tax period (other than a tax period that the Commissioner has determined under section 27 - 30).
(3) A * company does not satisfy the membership requirements of a * GST group, or a proposed GST group, if:
(a) one or more other members of the GST group or proposed GST group are not companies; and
(b) none of the members of the GST group or proposed GST group
that are companies satisfy section 48 - 15.