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?  

9-30   Supplies that are GST-free or input taxed   GST-free

(1)  


A supply is GST-free if:


(a) it is GST-free under Division 38 or under a provision of another Act; or


(b) it is a supply of a right to receive a supply that would be GST-free under paragraph (a).

Input taxed

(2)  


A supply is input taxed if:


(a) it is input taxed under Division 40 or under a provision of another Act; or


(b) it is a supply of a right to receive a supply that would be input taxed under paragraph (a).

Note:

If a supply is input taxed, there is no entitlement to an input tax credit for the things that are acquired or imported to make the supply (see sections 11-15 and 15-10 ).

Supplies that would be both GST-free and input taxed

(3)  


To the extent that a supply would, apart from this subsection, be both * GST-free and * input taxed :


(a) the supply is GST-free and not input taxed, unless the provision under which it is input taxed requires the supplier to have chosen for its supplies of that kind to be input taxed; or


(b) the supply is input taxed and not GST-free, if that provision requires the supplier to have so chosen.

Note:

Subdivisions 40-E (School tuckshops and canteens) and 40-F (Fund-raising events conducted by charities etc.) require such a choice.)

Supply of things used solely in connection with making supplies that are input taxed but not financial supplies

(4)  


A supply is taken to be a supply that is * input taxed if it is a supply of anything (other than * new residential premises ) that you have used solely in connection with your supplies that are input taxed but are not * financial supplies .

 

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