Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 40.160

  (1)   A supply is input taxed if:

  (a)   the supplier is an * endorsed charity, a * gift - deductible entity or a * government school; and

  (b)   the supply is made in connection with a * fund - raising event; and

  (c)   the supplier chooses to have all supplies that it makes in connection with the event treated as input taxed; and

  (d)   the event is referred to in the supplier's records as an event that is treated as input taxed.

  (3)   Subsection   (1) does not apply to a supply by a * gift - deductible entity endorsed as a deductible gift recipient (within the meaning of the * ITAA 1997) under section   30 - 120 of the ITAA 1997, unless:

  (a)   the supplier is:

  (i)   an * endorsed charity; or

  (ii)   a * government school; or

  (iii)   a fund, authority or institution of a kind referred to in paragraph   30 - 125(1)(b) of the ITAA 1997; or

  (b)   each purpose to which the supply relates is a * gift - deductible purpose of the supplier.

Note:   This subsection denies input taxed status under this section to supplies by certain (but not all) gift - deductible entities that are only endorsed for the operation of a fund, authority or institution. However, supplies can be input taxed under this section if they relate to the principal purpose of the fund, authority or institution.