A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-2 - Special rules mainly about supplies and acquisitions  

Note:

The special rules in this Part mainly modify the operation of Part 2-2 , but they may affect other Parts of Chapter 2 in minor ways.

Division 66 - Second-hand goods  

Subdivision 66-B - Acquisitions of second-hand goods that are divided for re-supply  

66-40   Acquisitions of second-hand goods that can be used to offset GST on future re-supplies  

(1)    
This Subdivision applies to an acquisition of * second-hand goods if:


(a) you acquire the goods for the purposes of sale or exchange (but not for manufacture) in the ordinary course of * business ; and


(b) either the * consideration for the acquisition was more than $300 or you choose to have this section apply to the acquisition; and


(c) the goods are of such a kind, or they are supplied to you in such a way, that it would be reasonable to expect you to divide them before supplying them in 2 or more separate supplies; and


(d) you do not subsequently make a single supply of the entirety of the goods acquired.

(2)    
However, this Subdivision does not apply, and is taken never to have applied, to the acquisition if:


(a) the * consideration for the acquisition separately itemises the consideration for the different goods acquired, and your division of the goods before supplying them:


(i) corresponds to that itemisation; or

(ii) does not involve dividing the goods any further than the division indicated by that itemisation; or


(b) the supply of the goods to you was a *taxable supply, or was * GST-free ; or


(c) you * imported the goods; or


(d) the supply of the goods to you was a supply by way of hire; or


(e) you make a supply of the goods, or of part of the goods, that is not a taxable supply (other than because of section 66-45 ).



 

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.