Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 58.10

General rule

  (1)   A * representative of an * incapacitated entity:

  (a)   is liable to pay any GST that the incapacitated entity would, but for this section or section   48 - 40, be liable to pay on a * taxable supply or a * taxable importation; and

  (b)   is entitled to any input tax credit that the incapacitated entity would, but for this section or section   48 - 45, be entitled to for a * creditable acquisition or a * creditable importation; and

  (c)   has any * adjustment that the incapacitated entity would, but for this section or section   48 - 50, have;

to the extent that the making of the supply, importation or acquisition to which the GST, input tax credit or adjustment relates is within the scope of the representative's responsibility or authority for managing the incapacitated entity's affairs.

Exceptions for certain taxable supplies

  (2)   This section does not apply to the GST payable on a * taxable supply to the extent that one or more of the following apply:

  (a)   the * incapacitated entity received the * consideration for the supply before the * representative became a representative of the incapacitated entity;

  (b)   if, under Division   83 or section   84 - 5 or 86 - 5, the GST is payable by the recipient of the supply--the incapacitated entity provided the consideration for the supply before the representative became a representative of the incapacitated entity;

  (c)   if:

  (i)   the supply is a supply for which a * voucher to which Division   100 applies is redeemed; and

  (ii)   the incapacitated entity supplied the voucher before the representative became a representative of the incapacitated entity;

    the consideration for the supply referred to in subparagraph   (i) does not exceed the consideration provided for the incapacitated entity's supply of the voucher.

Exception for certain creditable acquisitions

  (3)   This section does not apply to an input tax credit for a * creditable acquisition to the extent that the * incapacitated entity provided the * consideration for the acquisition before the * representative became a representative of the incapacitated entity.

Exceptions for certain adjustments

  (4)   This section does not apply to an * adjustment to the extent that one or more of the following apply:

  (a)   if the adjustment relates to a supply--the * incapacitated entity received the * consideration for the supply before the * representative became a representative of the incapacitated entity;

  (b)   if the adjustment relates to an acquisition--the incapacitated entity provided the consideration for the supply before the representative became a representative of the incapacitated entity;

  (c)   the adjustment would not be attributable to a tax period applying to the representative in the capacity of a representative of the incapacitated entity.

Incapacitated entity not liable to pay GST etc.

  (5)   An * incapacitated entity or, if the incapacitated entity is a * member of a * GST group, the * representative member of that group:

  (a)   is not liable to pay the GST on a * taxable supply or a * taxable importation to the extent that a * representative of the incapacitated entity is liable under this section to pay the GST on the supply or importation; and

  (b)   is not entitled to the input tax credit for a * creditable acquisition or a * creditable importation to the extent that a representative of the incapacitated entity is entitled under this section to the input tax credit for the acquisition or importation; and

  (c)   does not have an * adjustment to the extent that a representative of the incapacitated entity has the adjustment under this section.

Other

  (6)   This section has effect despite sections   9 - 40, 11 - 20, 13 - 15, 15 - 15, 83 - 5, 84 - 10 and 86 - 5 and subsections   48 - 40(1) and (1A), 48 - 45(1) and 48 - 50(1) (which are about who is liable for GST, and who is entitled to input tax credits).