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

Chapter 2 - The basic rules  

Part 2-2 - Supplies and acquisitions  

Division 9 - Taxable supplies  

Subdivision 9-A - What are taxable supplies?  

9-27   When enterprises are carried on in the indirect tax zone  

(1)  
An *enterprise of an entity is carried on in the indirect tax zone if:


(a) the enterprise is *carried on by one or more individuals covered by subsection (3) who are in the indirect tax zone; and


(b) any of the following applies:


(i) the enterprise is carried on through a fixed place in the indirect tax zone;

(ii) the enterprise has been carried on through one or more places in the indirect tax zone for more than 183 days in a 12 month period;

(iii) the entity intends to carry on the enterprise through one or more places in the indirect tax zone for more than 183 days in a 12 month period.

(2)  
It does not matter whether:


(a) the entity has exclusive use of a place; or


(b) the entity owns, leases or has any other claim or interest in relation to a place.

(3)  
This subsection covers the following individuals:


(a) if the entity is an individual - that individual;


(b) an employee or *officer of the entity;


(c) an individual who is, or is employed by, an agent of the entity that:


(i) has, and habitually exercises, authority to conclude contracts on behalf of the entity; and

(ii) is not a broker, general commission agent or other agent of independent status that is acting in the ordinary course of the agent ' s business as such an agent.

 

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