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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 110.65

Indirect tax sharing agreements--leaving GST group or GST joint venture clear of liability

  (1)   A supply made to a contributing member (within the meaning of subsection   444 - 90(1A) in Schedule   1 to the Taxation Administration Act 1953 ) of a * GST group is not a * taxable supply if:

  (a)   the supply is a release from an obligation relating to a contribution amount (within the meaning of that subsection) relating to liabilities of the * representative member of the group that are referred to in that subsection; and

Example:   The obligation could be a contractual obligation created by the agreement under which the contribution amount was determined.

  (b)   the contributing member leaves the group in circumstances in which subsection   444 - 90(1B) in that Schedule applies to the contributing member.

  (2)   A supply made to a contributing participant (within the meaning of subsection   444 - 80(1A) in Schedule   1 to the Taxation Administration Act 1953 ) of a * GST joint venture is not a * taxable supply if:

  (a)   the supply is a release from an obligation relating to a contribution amount (within the meaning of that subsection) relating to liabilities of the * joint venture operator of the joint venture that are referred to in that subsection; and

Example:   The obligation could be a contractual obligation created by the agreement under which the contribution amount was determined.

  (b)   the contributing participant leaves the joint venture in circumstances in which subsection   444 - 80(1B) in that Schedule applies to the contributing participant.

  (3)   This section has effect despite section   9 - 5 (which is about what are taxable supplies).


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