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-B - Consequences of GST groups  

48-45   Who is entitled to input tax credits  

(1)  


If an entity makes a * creditable acquisition or * creditable importation the input tax credit for which is attributable to a tax period during which the entity is a *member of a *GST group :


(a) the * representative member is entitled to the input tax credit on the acquisition or importation; and


(b) the entity making the acquisition or importation is not entitled to the input tax credit on the acquisition or importation (unless the entity is the representative member).

(2)  


In deciding, for the purposes of subsection (1) , whether an acquisition or importation by an entity is a * creditable acquisition or * creditable importation , the acquisition or importation is treated as being solely or partly for a * creditable purpose if, and only if, it would be so treated if:


(a) the GST group were treated as a single entity; and


(b) the GST group were not treated as a number of entities corresponding to the members of the GST group.

(3)  


However, an acquisition that an entity makes from another *member of the same * GST group is not a * creditable acquisition unless the supply of the thing acquired by the entity was a * taxable supply because of section 84-5 (which is about offshore supplies).

(4)  
This section has effect despite sections 11-5 and 15-5 (which are about what are creditable acquisitions and creditable importations), and sections 11-20 and 15-15 (which are about who is entitled to input tax credits).


 

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