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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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