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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 48.10

Membership requirements of a GST group

             (1)  An entity satisfies the membership requirements of a * GST group, or a proposed GST group, if the entity:

                     (a)  is:

                              (i)  a * company; or

                             (ii)  a * partnership, trust or individual that satisfies the requirements specified in the regulations; and

                     (b)  is, if the entity is a company, a company of the same * 90% owned group as all the other members of the GST group or proposed GST group that are also companies; and

                     (c)  is * registered; and

                     (d)  has the same tax periods applying to it as the tax periods applying to all the other members of the GST group or proposed GST group; and

                     (e)  accounts on the same basis as all the other members of the GST group or proposed GST group; and

                      (f)  is not a member of any other GST group; and

                     (g)  does not have any branch that is registered under Division 54.

             (2)  Paragraph (1)(b) does not apply if:

                     (a)  the entity is a non-profit body; and

                     (b)  all the other members of the GST group or proposed GST group are non-profit bodies; and

                     (c)  the entity and all those other members are members of the same * non-profit association.

Note 1:       For the membership requirements of non-profit sub-entities, see section 63-50.

Note 2:       For the membership requirements of a GST group of government related entities, see section 149- 25.

          (2A)  Paragraph (1)(d) does not apply in relation to a tax period that the Commissioner has determined under section 27-30 if the tax period:

                     (a)  ends at the same time as a tax period (a corresponding tax period ) of each of the other * members of the * GST group; and

                     (b)  is not longer than any corresponding tax period (other than a tax period that the Commissioner has determined under section 27-30).

             (3)  A * company does not satisfy the membership requirements of a * GST group, or a proposed GST group, if:

                     (a)  one or more other members of the GST group or proposed GST group are not companies; and

                     (b)  none of the members of the GST group or proposed GST group that are companies satisfy section 48-15.



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