Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 40.160

             (1)  A supply is input taxed if:

                     (a)  the supplier is an * endorsed charity, a * gift-deductible entity or a * government school; and

                     (b)  the supply is made in connection with a * fund-raising event; and

                     (c)  the supplier chooses to have all supplies that it makes in connection with the event treated as input taxed; and

                     (d)  the event is referred to in the supplier's records as an event that is treated as input taxed.

             (3)  Subsection (1) does not apply to a supply by 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 supplier is:

                              (i)  an * endorsed charity; or

                             (ii)  a * government school; or

                            (iii)  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 supplier.

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