A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 (177 of 1999)
Schedule 1 Indirect Tax Acts
Part 1 Amendment of the A New Tax System (Goods and Services Tax) Act 1999
58 At the end of Division 48
Add:
Subdivision 48-D - Ceasing to be a member of a GST group
48-110 Adjustments after you cease to be a member of a GST group
(1) If you *cease to be a member of a GST group (the first GST group ), any *adjustment that arises afterwards in relation to a supply, acquisition or importation that you made while a *member of the first GST group (other than a supply to, or an acquisition from, another member of that group):
(a) is an adjustment that you have; and
(b) is not an adjustment of the entity that is or was the *representative member of the first GST group (unless you were that representative member).
(2) In relation to the first GST group, this section has effect despite section 48-50 (which is about who has adjustments for a GST group).
48-115 Changes in extent of creditable purpose after you cease to be a member of a GST group
(1) If:
(a) while you were a *member of a *GST group (the first GST group ), you acquired a thing (other than from another member of that group) or imported a thing; and
(b) you *cease to be a member of the first GST group;
then, when applying section 129-40 for the first time after that cessation, the *intended or former application of the thing is the extent of *creditable purpose last used to work out, under section 48-55:
(c) the amount of the input tax credit to which the *representative member was entitled for the acquisition or importation; or
(d) the amount of any *adjustment the representative member had under Division 129 in relation to the thing.
(2) If:
(a) while you were a *member of a *GST group (the first GST group ), you acquired a thing (other than from another member of that group) or imported a thing; and
(b) you have *ceased to be a member of the first GST group; and
(c) you have an *adjustment under Division 129 in relation to the thing, or the *representative member of another GST group of which you are a *member has that adjustment;
then, for the purposes of working out the full input tax credit in section 129-70 or 129-75, you are taken not to have been a member of a GST group when you acquired or imported the thing.
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