Commonwealth Consolidated Acts

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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 129.45

Gifts to gift-deductible entities

             (1)  If you are or were entitled to an input tax credit for the * creditable acquisition of a thing, an * adjustment does not arise under this Subdivision merely because you supply the thing as a gift to an * endorsed charity or * gift-deductible entity.

             (3)  Subsection (1) does not apply in relation to a thing that you supply to a * gift-deductible entity endorsed as a deductible gift recipient (within the meaning of the * ITAA 1997) under section 30-120 of the ITAA 1997, unless:

                     (a)  the entity is:

                              (i)  an * endorsed charity; or

                             (ii)  a fund, authority or institution of a kind referred to in paragraph 30-125(1)(b) of the ITAA 1997; or

                     (b)  each purpose to which the supply relates is a * gift-deductible purpose of the entity.

Note:          This subsection excludes from this section supplies to certain (but not all) gift-deductible entities that are only endorsed for the operation of a fund, authority or institution. However, supplies can be covered by this section if they relate to the principal purpose of the fund, authority or institution.



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