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  

48-10   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:


(a) is:


(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 .


 

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