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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 48.73

Tax periods of GST groups with incapacitated members

             (1)  If a * member of a * GST group becomes an * incapacitated entity, the * representative member of that group may, by notifying the Commissioner in the * approved form, elect for the tax period that applies at the time to the members of the group to end at the same time as the incapacitated entity's tax period ends under subsection 27-39(1).

Note 1:       Section 31-10 provides for when a GST return must be given to the Commissioner for a tax period other than a quarterly tax period.

Note 2:       If the representative member does not make an election under this section when a member of the group becomes an incapacitated entity, the member's membership of the group may cease if, because of section 27-39, the tax periods applying to it are not the same as those applying to the other members of the group.

          (1A)  If an entity ceases to be the * representative member of a * GST group as a result of becoming an * incapacitated entity, the entity may make an election under subsection (1), in relation to becoming an incapacitated entity, as if the entity were still the representative member of the group.

          (1B)  A notice under subsection (1) must be given to the Commissioner within 21 days after the * member becomes an * incapacitated entity.

             (2)  If a tax period (the first tax period ) ends on a particular day because of subsection (1), the next tax period starts on the day after that day and ends when the first tax period would have ended but for that subsection.

             (3)  This section has effect despite Division 27 (which is about how to work out the tax periods that apply).



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