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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 139.5

Adjustments for distributions from deceased estates

             (1)  You have an increasing adjustment if:

                     (a)  you are the executor or trustee of a deceased estate; and

                     (b)  you are * registered or * required to be registered; and

                     (c)  you supply an asset of the deceased estate to a beneficiary of the deceased estate; and

                     (d)  the supply is not a * taxable supply and is not a supply that is * GST-free or * input taxed; and

                     (e)  you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person's acquisition or importation of the asset.

Note:          Increasing adjustments increase your net amounts.

             (2)  The amount of the adjustment, for the asset, is as follows:

start formula start fraction 1 over 11 end fraction times *Actual application of the thing times Applicable value end formula

where:

"applicable value" is:

                     (a)  the * GST inclusive market value of the asset immediately before it is supplied; or

                     (b)  if you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person acquiring the thing--the amount of the * consideration that you or the deceased person provided, or was liable to provide, for the acquisition of the thing, but only if the amount is less than that value; or

                     (c)  if you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person importing the thing--the cost to you or the deceased person of acquiring or producing the thing (plus the * assessed GST paid on its importation), but only if the amount is less than that value.

             (3)  However, an * adjustment does not arise under this section in respect of the asset if:

                     (a)  the asset related to an * enterprise that the deceased person * carried on, and the beneficiary intends to continue to carry on that enterprise; or

                     (b)  there were one or more * adjustment periods for the deceased person's acquisition or importation of the asset, and the last of those adjustment periods has ended before the cancellation of your * registration takes effect.



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