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 48 - GST groups  

Subdivision 48-A - Formation and membership of GST groups  

48-5   Formation of GST groups  

(1)  
Two or more entities may form a *GST group if:


(a) each of the entities *satisfies the membership requirements of the group; and


(b) each of the entities agrees in writing to the formation of the group; and


(c) one of those entities notifies the Commissioner, in the *approved form , of the formation of the group; and


(d) that entity is nominated, in that notice, to be the *representative member of the group; and


(e) that entity is an *Australian resident .

A group of entities that is so formed is a GST group .

(2)  


If 2 or more entities would *satisfy the membership requirements for the *GST group, the group need not include all those entities.

(3)  
The formation of the *GST group takes effect from the start of the day specified in the notice under paragraph (1)(c) (whether that day is before, on or after the day on which the entities decided to form the group).

(4)  
However, if the notice was given to the Commissioner after the day by which the entity nominated to be the *representative member of the group is required to give to the Commissioner a *GST return for the tax period in which the day specified in the notice occurs, the formation of the *GST group takes effect from the start of:


(a) the day specified in the notice, if that day is approved by the Commissioner under section 48-71 ; and


(b) if paragraph (a) does not apply - such other day as the Commissioner approves under that section.


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