A New Tax System (Goods and Services Tax) Act 1999

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.  

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.


(2)    
(Repealed by No 169 of 2012)


(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.





This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.