A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-1 - Special rules mainly about particular ways entities are organised  

Note:

The special rules in this Part mainly modify the operation of Part 2-2 so far as that Part deals with liability for GST and entitlement to input tax credits, but the special rules also affect other aspects of Part 2-2 and the other Parts of Chapter 2 .

Division 51 - GST joint ventures  

Subdivision 51-B - Consequences of GST joint ventures  

51-30   Who is liable for GST  

(1)    


GST payable on any * taxable supply or * taxable importation that the * joint venture operator of a * GST joint venture makes, on behalf of another entity that is a * participant in the joint venture, in the course of activities for which the joint venture was entered into:


(a) is payable by the joint venture operator; and


(b) is not payable by the participant.

Note:

However, each participant may be jointly and severally liable to pay the GST that is payable by the joint venture operator (see section 444-80 in Schedule 1 to the Taxation Administration Act 1953 ).


(2)    


However, a supply that the * joint venture operator of a * GST joint venture makes is treated as if it were not a * taxable supply if:


(a) it is made to another entity that is a * participant in the joint venture; and


(b) the participant acquired the thing supplied for consumption, use or supply in the course of activities for which the joint venture was entered into.


(3)    
This section has effect despite sections 9-40 and 13-15 (which are about liability for GST).




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