PART 2
-
REGISTERING FOR ABN PURPOSES
Division 4
-
Registration
SECTION 8
ARE YOU ENTITLED TO AN ABN?
8(1)
*You are entitled to have an Australian Business Number (*ABN) if:
(a)
you are *carrying on an *enterprise in *Australia; or
(b)
in the course or furtherance of carrying on an enterprise, you make *supplies that are *connected with the indirect tax zone.
History
S 8(1) amended by No 2 of 2015, s 3 and Sch 4 item 32, by substituting
"
*connected with the indirect tax zone
"
for
"
*connected with Australia
"
, applicable from 1 July 2015.
S 8(1) substituted by No 177 of 1999.
8(1A)
(Repealed by No 2 of 2015)
History
S 8(1A) repealed by No 2 of 2015, s 3 and Sch 4 item 33, applicable from 1 July 2015. S 8(1A) formerly read:
ACNC types of entities and deductible gift recipients
8(1A)
Subsections (1B) and (1C) apply if:
(a)
you would be entitled to be endorsed under Subdivision
30-BA
of the
Income Tax Assessment Act 1997
as a deductible gift recipient if you had an *ABN, because you are described (but not by name) in item 1 or 2 of the table in section
30-15
; or
(b)
you meet the description of a type of entity in column 1 of the table in subsection 25-5(5) of the
Australian Charities and Not-for-profits Commission Act 2012
.
S 8(1A) inserted by No 169 of 2012, s 3 and Sch 3 item 2, effective 3 December 2012.
8(1B)
(Repealed by No 2 of 2015)
History
S 8(1B) repealed by No 2 of 2015, s 3 and Sch 4 item 33, applicable from 1 July 2015. S 8(1B) formerly read:
8(1B)
The reference in paragraph (1)(a) of this section to *Australia is treated as including a reference to the external Territories.
S 8(1B) inserted by No 169 of 2012, s 3 and Sch 3 item 2, effective 3 December 2012.
8(1C)
(Repealed by No 2 of 2015)
History
S 8(1C) repealed by No 2 of 2015, s 3 and Sch 4 item 33, applicable from 1 July 2015. S 8(1C) formerly read:
8(1C)
The reference in paragraph (1)(b) to *supplies that are *connected with Australia is treated as including a reference to supplies that would be connected with Australia if, for the purposes of section 9-25 of the
A New Tax System (Goods and Services Tax) Act 1999
, Australia included the external Territories.
S 8(1C) inserted by No 169 of 2012, s 3 and Sch 3 item 2, effective 3 December 2012.
Corporations Act companies
8(2)
A *Corporations Act company is entitled to have an
Australian Business Number
(*ABN).
History
S 8(2) amended by No 55 of 2001.
Limited registration entities
8(3)
However, a limited registration entity (within the meaning of the
A New Tax System (Goods and Services Tax) Act 1999
) is not entitled to an *ABN.
History
S 8(3) inserted by No 52 of 2016, s 3 and Sch 1 item 9, applicable in relation to working out net amounts for tax periods starting on or after 1 July 2017.