A New Tax System (Goods and Services Tax) Act 1999
Note:Division 105 - Supplies in satisfaction of debts 105-5 Supplies by creditors in satisfaction of debts may be taxable supplies (1)
You make a taxable supply if:
(a) you supply the property of another entity (the debtor ) to a third entity in or towards the satisfaction of a debt that the debtor owes to you; and
(b) had the debtor made the supply, the supply would have been a * taxable supply . (2)
It does not matter whether:
(a) you made the supply in the course or furtherance of an * enterprise that you * carry on ; or
(b) you are * registered , or * required to be registered . (3)
However, the supply is not a * taxable supply if:
(a) the debtor has given you a written notice stating that the supply would not be a taxable supply if the debtor were to make it, and stating fully the reasons why the supply would not be a taxable supply; or
(b) if you cannot obtain such a notice - you believe on the basis of reasonable information that the supply would not be a taxable supply if the debtor were to make it. (4)
This section has effect despite section 9-5 (which is about what is a taxable supply).
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