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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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