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-D - Ceasing to be a member of a GST group  

48-115   Changes in extent of creditable purpose after you cease to be a member of a GST group  

(1)  


If:


(a) either:


(i) while you were a * member of a * GST group (the first GST group ), you acquired a thing (other than from another member of that group) or imported a thing; or

(ii) you acquired or imported a thing while you were not a member of any GST group, and you subsequently became a member of a GST group (the first GST group ) while you still held the thing; and


(b) you cease to be a member of the first GST group;

then, when applying section 129-40 for the first time after that cessation, the * intended or former application of the thing is the extent of * creditable purpose last used to work out:


(c) the amount of the input tax credit to which you or the * representative member was entitled for the acquisition or importation; or


(d) the amount of any * adjustment you or the representative member had under Division 129 in relation to the thing.

(2)  
If:


(a) while you were a * member of a * GST group (the first GST group ), you acquired a thing (other than from another member of that group) or imported a thing; and


(b) you have ceased to be a member of the first GST group; and


(c) you have an * adjustment under Division 129 in relation to the thing, or the * representative member of another GST group of which you are a * member has that adjustment;

then, for the purposes of working out the full input tax credit in section 129-70 or 129-75 , you are taken not to have been a member of a GST group when you acquired or imported the thing.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.