Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 48.40

Who is liable for GST

             (1)  GST that is payable on any * taxable supply an entity makes and that is attributable to a tax period during which the entity is a * member of a * GST group:

                     (a)  is payable by the * representative member; and

                     (b)  is not payable by the entity that made it (unless the entity is the representative member).

Note:          However, each member may be jointly and severally liable to pay the GST that is payable by the representative member (see section 444-90 in Schedule 1 to the Taxation Administration Act 1953 ).

          (1A)  GST that is payable on any * taxable importation an entity makes while the entity is a * member of a * GST group:

                     (a)  is payable by the * representative member; and

                     (b)  is not payable by the member that made it (unless the member is the representative member).

Note:          However, each member may be jointly and severally liable to pay the GST that is payable by the representative member (see section 444-90 in Schedule 1 to the Taxation Administration Act 1953 ).

             (2)  However:

                     (a)  a supply that an entity makes to another * member of the same * GST group is treated as if it were not a * taxable supply, unless:

                              (i)  it is a taxable supply because of section 84-5 (which is about offshore supplies); or

                             (ii)  the entity is a participant in a * GST joint venture and acquired the thing supplied from the * joint venture operator for the joint venture; and

                     (b)  this section only applies to GST payable on a * taxable importation made, by a member of the GST group other than the * representative member, if the GST on the importation is payable at a time when GST on * taxable supplies is normally payable by the representative member.

             (3)  This section has effect despite sections 9-40 and 13-15 (which are about liability for GST).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback