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  


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 58 - Representatives of incapacitated entities  

58-95   Division does not apply to the extent that the representative is a creditor of the incapacitated entity  

This Division does not apply in relation to a * representative of an entity to the extent that paragraph 105-5(1)(a) will apply to a supply by the representative of the entity ' s property.

For example, if the representative:

  • (a) is a mortgagee in possession of the entity ' s property; and
  • (b) is not a representative of the entity for any other reason;
  • the representative need not register under section 58-20 if it will supply that property in or towards the satisfaction of a debt owed to it by the entity.

    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.