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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 38.60

Third party procured GST-free health supplies

Insurers

             (1)  If:

                     (a)  a supply is a supply of a service to an insurer; and

                     (b)  the service is the supplier making one or more other supplies of goods or services to an individual; and

                     (c)  at least one of the other supplies is:

                              (i)  wholly or partly * GST-free under this Subdivision; and

                             (ii)  for settling one or more claims under an * insurance policy of which the insurer is an insurer;

the first-mentioned supply is GST-free to the extent that the other supplies mentioned in paragraph (b) are GST-free under this Subdivision.

Note:          For subparagraph (c)(ii), the insurer may be an insurer of the policy because of a portfolio transfer (see section 78-118).

Compulsory third party scheme operators

             (2)  If:

                     (a)  a supply is a supply of a service to an * operator of a * compulsory third party scheme; and

                     (b)  the service is the supplier making one or more other supplies of goods or services to an individual; and

                     (c)  at least one of the other supplies is:

                              (i)  wholly or partly * GST-free under this Subdivision; and

                             (ii)  made under the compulsory third party scheme;

the first-mentioned supply is GST-free to the extent that the other supplies mentioned in paragraph (b) are GST-free under this Subdivision.

Government agencies

             (3)  If:

                     (a)  a supply is a supply of a service to an * Australian government agency; and

                     (b)  the service is the supplier making one or more other supplies of goods or services to an individual; and

                     (c)  at least one of the other supplies is wholly or partly * GST-free under this Subdivision;

the first-mentioned supply is GST-free to the extent that the other supplies mentioned in paragraph (b) are GST-free under this Subdivision.

Parties may agree for supply not to be GST-free

             (4)  However, a supply is not GST-free (to any extent) under this section if the supplier and the * recipient have agreed that the supply, or supplies of a kind that include that supply, not be treated as GST-free supplies.



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