Commonwealth Consolidated Acts

TAX LAWS AMENDMENT (2004 MEASURES NO. 6) ACT 2005 - SCHEDULE 9

A New Tax System (Goods and Services Tax) Act 1999

1   After subsection 38 - 190(2)

Insert:

  (2A)   A supply covered by any of items   2 to 4 in the table in subsection   (1) is not * GST - free if the acquisition of the supply relates (whether directly or indirectly, or wholly or partly) to the making of a supply of * real property situated in Australia that would be, wholly or partly, * input taxed under Subdivision   40 - B or 40 - C.

Note:   Subdivision   40 - B deals with the supply of premises (including a berth at a marina) by way of lease, hire or licence. Subdivision   40 - C deals with the sale of residential premises and the supply of residential premises by way of long - term lease.

2   Subsection 38 - 190(3)

After "(2)", insert "or (2A)".

3   Application

(1)   The amendments made by this Schedule apply to a supply covered by any of items   2 to 4 in the table in subsection 38 - 190(1) of the A New Tax System (Goods and Services Tax) Act 1999 made on or after the first day of the first quarterly tax period that commences after the day on which this Act receives the Royal Assent.

(2)   In this item:

quarterly tax period means a period of 3 months that commences on 1   January, 1   April, 1   July or 1   October.