Chapter 3
-
The exemptions
Part 3-1
-
Supplies that are not taxable supplies
Division 38
-
GST-free supplies
Subdivision 38-G
-
Activities of charities etc.
History
Subdiv 38-G (heading) substituted by No 169 of 2012, s 3 and Sch 2 item 74, effective 3 December 2012. Subdiv 38-G (heading) formerly read:
Subdivision 38-G
-
Activities of charitable institutions etc.
Subdiv 38-G (heading) substituted by No 143 of 2004, s 3 and Sch 1 item 4, effective 14 December 2004. For application provisions, see note under s 38-25(3). Subdiv 38-G (heading) formerly read:
Subdivision 38-G
-
Non-commercial activities of charitable institutions etc.
38-255
Second-hand goods
(1)
A supply of *
second-hand goods
is
GST-free
if:
(a)
the supplier is an *endorsed charity, a *
gift-deductible entity
or a *
government school
; and
(b)
the goods were supplied to the endorsed charity, gift-deductible entity or government school:
(i)
as a gift; or
(ii)
by way of a supply that was GST-free because of a previous application of this section.
However, the supply is
not
GST-free if the endorsed charity, gift-deductible entity or government school has dealt with the goods in such a way that the goods no longer have their original character.
History
S 38-255(1) amended by No 169 of 2012, s 3 and Sch 2 items 78 to 80, by substituting
"
an *endorsed charity
"
for
"
a charitable institution, a trustee of a charitable fund
"
in para (a),
"
endorsed charity
"
for
"
institution, trustee
"
in para (b), and
"
if the endorsed charity
"
for
"
if the institution, trustee
"
, effective 3 December 2012.
S 38-255 amended by No 92 of 2000, s 3 and Sch 1 items 2D and 2E, by substituting
"
, a *gift-deductible entity or a *government school
"
for
"
or a *gift-deductible entity
"
in para (a), and by substituting
"
, gift-deductible entity or government school
"
for
"
or gift-deductible entity
"
(wherever occurring), effective 1 July 2000.
(2)
(Repealed by No 169 of 2012)
History
S 38-255(2) repealed by No 169 of 2012, s 3 and Sch 2 item 81, effective 3 December 2012. S 38-255(2) formerly read:
(2)
Subsection (1) does not apply in relation to a charitable institution or a trustee of a charitable fund unless the institution or trustee is an *endorsed charitable institution or an *endorsed trustee of a charitable fund.
Example:
Subsection (1) does not apply in relation to an entity that is both a charitable institution and a gift-deductible entity unless the entity is an endorsed charitable institution.
S 38-255(2) inserted by No 95 of 2004, s 3 and Sch 10 item 8, applicable in relation to net amounts for tax periods starting on or after 1 July 2005. For transitional provisions, see note under former wording of s
176-5
.
(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 GST-free 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 GST-free under this section if they relate to the principal purpose of the fund, authority or institution.
History
S 38-255(3) amended by No 169 of 2012, s 3 and Sch 2 item 82, by substituting para (a)(i), effective 3 December 2012. Para (a)(i) formerly read:
(i)
a charitable institution or a trustee of a charitable fund; or
S 38-255(3) inserted by No 80 of 2006, s 3 and Sch 12 item 7, applicable in relation to net amounts for tax periods starting on or after 30 June 2006.