A New Tax System (Goods and Services Tax) Act 1999
Note:
The special rules in this Part mainly modify the operation of Part 2-2 so far as that Part deals with liability for GST and entitlement to input tax credits, but the special rules also affect other aspects of Part 2-2 and the other Parts of Chapter 2 .
Division 48 - GST groupsAct No 74 of 2010, s 3 and Sch 1 item 43 contains the following transitional provisions:
then, on the date of effect specified in the application: then: then, on and after that commencement, the group is taken to continue in existence as if: then: then, on the date of effect specified in the application, the group is taken to be dissolved as if the Commissioner has been notified, in accordance with section
48-70
of that Act as amended, that the action referred to in paragraph
48-70(1)(d)
of that Act as so amended has been taken. then:
43 Transitional provisions for GST groups
GST groups in existence before commencement
(1)
Subject to subitems (5) to (8), on the commencement of this item
[
28 June 2010]:
(a)
a GST group that existed immediately before that commencement is taken to continue in existence as if:
(i)
it had been formed, and its formation had been notified to the Commissioner, in accordance with section
48-5
of the
A New Tax System (Goods and Services Tax) Act 1999
as amended; and
(ii)
its formation took effect immediately after that commencement; and
(b)
the entities that were members of the group immediately before that commencement are taken, immediately after that commencement, to continue to be the members of the group; and
(c)
the entity that was the representative member of the group immediately before that commencement is taken, immediately after that commencement, to continue to be the representative member of the group.
GST groups approved, but not in existence, before commencement
(2)
If, before the commencement of this item
[
28 June 2010], the Commissioner approved 2 or more entities as a GST group but the approval did not take effect before that commencement, then, on the date of effect decided by the Commissioner under section
48-85
of the
A New Tax System (Goods and Services Tax) Act 1999
:
(a)
the group is taken to have been formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
48-5
of that Act as amended; and
(b)
the entities that jointly applied for that approval are taken to be the members of the group; and
(c)
the entity that was nominated in the application to be the representative member of the group is taken to be the representative member of the group.
GST groups applied for, but not approved, before commencement
(3)
If:
(a)
before the commencement of this item
[
28 June 2010], 2 or more entities applied, in accordance with section
48-5
of the
A New Tax System (Goods and Services Tax) Act 1999
, for approval of a GST group; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of approval of the group, a date occurring before the date of that commencement; and
(c)
the Commissioner did not approve the group as a GST group, and did not refuse the application, before that commencement;
(d)
the group is taken to be formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
48-5
of that Act as amended; and
(e)
the entities that jointly applied for that approval are taken to be the members of the group; and
(f)
the entity that was nominated in the application to be the representative member of the group is taken to be the representative member of the group.
(4)
If:
(a)
before the commencement of this item
[
28 June 2010], 2 or more entities applied, in accordance with section
48-5
of the
A New Tax System (Goods and Services Tax) Act 1999
, for approval of a GST group; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of approval of the group, a date occurring before the date of that commencement; and
(c)
the Commissioner did not approve the group as a GST group, and did not refuse the application, before that commencement;
(d)
an application is taken to have been made to the Commissioner, under section
48-71
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the formation of the GST group took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day:
(i)
the group is taken to have been formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
48-5
of that Act as so amended; and
(ii)
the entities that jointly applied for approval of the group are taken to be the members of the group; and
(iii)
the entity that was nominated, in the application for approval of the group, to be the representative member of the group is taken to be the representative member of the group.
Changes to membership etc. of GST groups applied for, but not approved, before commencement
(5)
If:
(a)
before the commencement of this item
[
28 June 2010], the representative member of a GST group applied, in accordance with section
48-70
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to:
(i)
approve another entity as an additional member of the group; or
(ii)
revoke the approval of one of the members of the group as a member of the group; or
(iii)
approve another member of the group to replace the representative member of the group; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of the approval or revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner:
(i)
did not give the approval, or revoke the approval, as requested in the application; and
before that commencement;
(ii)
did not refuse the application;
(d)
the Commissioner has been notified, in accordance with section
48-70
of that Act as amended, that the corresponding action referred to in paragraph
48-70(1)(a), (b) or (c)
of that Act as so amended has been taken; and
(e)
the action took effect on the date of effect specified in the application.
(6)
If:
(a)
before the commencement of this item
[
28 June 2010], the representative member of a GST group applied, in accordance with section
48-70
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to:
(i)
approve another entity as an additional member of the group; or
(ii)
revoke the approval of one of the members of the group as a member of the group; or
(iii)
approve another member of the group to replace the representative member of the group; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of the approval or revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner:
(i)
did not give the approval, or revoke the approval, as requested in the application; and
before that commencement;
(ii)
did not refuse the application;
(d)
an application is taken to have been made to the Commissioner, under section
48-71
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the approval or revocation took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day, the group is taken to continue in existence as if:
(i)
the Commissioner has been notified, in accordance with section
48-70
of that Act as so amended, that the corresponding action referred to in paragraph
48-70(1)(a), (b) or (c)
of that Act as so amended has been taken; and
(ii)
the action took effect on that day.
Revocation of approval of GST groups applied for, but revocation not approved, before commencement
(7)
If:
(a)
before the commencement of this item
[
28 June 2010], the representative member of a GST group applied, in accordance with section
48-75
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to revoke the approval of the group as a GST group; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of the revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner did not revoke the approval as requested in the application, and did not refuse the application, before that commencement;
(8)
If:
(a)
before the commencement of this item
[
28 June 2010], the representative member of a GST group applied, in accordance with section
48-75
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to revoke the approval of the group as a GST group; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
48-85
of that Act, as a date of effect of the revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner did not revoke the approval as requested in the application, and did not refuse the application, before that commencement;
(d)
an application is taken to have been made to the Commissioner, under section
48-71
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the revocation took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day, the group is taken to be dissolved as if:
(i)
the Commissioner has been notified, in accordance with section
48-70
of that Act as amended, that the action referred to in paragraph
48-70(1)(d)
of that Act as so amended has been taken; and
(ii)
the action took effect on that day.
If a *member of a *GST group becomes an *incapacitated entity , the *representative member of that group may, by notifying the Commissioner in the *approved form , elect for the tax period that applies at the time to the members of the group to end at the same time as the incapacitated entity ' s tax period ends under subsection 27-39(1) .
Note 1:
Section 31-10 provides for when a GST return must be given to the Commissioner for a tax period other than a quarterly tax period.
Note 2:
If the representative member does not make an election under this section when a member of the group becomes an incapacitated entity, the member ' s membership of the group may cease if, because of section 27-39 , the tax periods applying to it are not the same as those applying to the other members of the group.
View history note
Hide history note(1A)
If an entity ceases to be the *representative member of a *GST group as a result of becoming an *incapacitated entity , the entity may make an election under subsection (1), in relation to becoming an incapacitated entity, as if the entity were still the representative member of the group.
(1B)
A notice under subsection (1) must be given to the Commissioner within 21 days after the *member becomes an *incapacitated entity .
(2)
If a tax period (the first tax period ) ends on a particular day because of subsection (1), the next tax period starts on the day after that day and ends when the first tax period would have ended but for that subsection.
(3)
This section has effect despite Division 27 (which is about how to work out the tax periods that apply).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
