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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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