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

s 136-45 — Recovering amounts previously written off (creditable acquisitions)

(1) The amount of a * decreasing adjustment that you have under section 21 ‑ 20, relating to a * creditable acquisition that is * creditable at less than 1 / 11 of the consideration, is worked out under this section and not under section 21 ‑ 20. (2) This is how to work out the amount: Method statement Step 1. Work out the amount of the input tax credit (if any) to which you were entitled for the acquisition, taking into account any previous * adjustments for the acquisition. This amount is the previous credit amount . Step 2. Add together: (a) the amount or amounts previously written off as bad from the debt to which the decreasing adjustment relates; and (b) the amount of the debt that has been * overdue for 12 months or more (other than amounts already written off). Step 3. Subtract the step 2 amount from the total amount of the * consideration that you have either provided, or are liable to provide, for the acquisition. Step 4. Add to the step 3 amount an amount equal to the amount or amounts, written off or overdue for 12 months or more, that you have paid. Step 5. Work out the amount of the input tax credit (if any), taking into account any previous * adjustments for the acquisition (but not adjustments relating to bad debts or debts overdue), to which you would be entitled for the acquisition if the * consideration for the acquisition were the step 4 amount. This amount of GST is the adjusted credit amount . Step 6. Subtract the previous credit amount from the adjusted credit amount.

Amendment history: Inserted by No 156 of 2000, effective Sch 1 (items 1–16, 18), Sch 2 (items 1–12, 25), Sch 3, Sch 4, Sch 5 (items 1–3, 18(1)), and Sch 6 (items 1–40, 49(1), (2)): 21 Dec 2000 (s 2(1)) Sch 7 (items 1–7): 1 July 2000 (s 2(3))

s 136-50 — Meanings of taxable at less than 1 / 11 of the price and creditable at less than 1 / 11 of the consideration

(1) A * taxable supply is taxable at less than 1 / 11 of the price if the amount of GST payable on the supply is an amount that is less than 1 / 11 of the * price of the supply. (2) A * creditable acquisition is creditable at less than 1 / 11 of the consideration if the * taxable supply to which it relates is * taxable at less than 1 / 11 of the price.

Amendment history: Inserted by No 156 of 2000, Sch 4 item 18 | Sch 4 item 19, effective Sch 1 (items 1–16, 18), Sch 2 (items 1–12, 25), Sch 3, Sch 4, Sch 5 (items 1–3, 18(1)), and Sch 6 (items 1–40, 49(1), (2)): 21 Dec 2000 (s 2(1)) Sch 7 (items 1–7): 1 July 2000 (s 2(3))

s 137-1 — What this Division is about

If you become registered or required to be registered, you may have a decreasing adjustment for stock you have already acquired.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 137-5 — Adjustments for stock on hand on becoming registered etc.

(1) You have a decreasing adjustment if: (a) you become * registered or * required to be registered; and (b) at that time, you hold stock for the purpose of sale or exchange, or for use as raw materials, in * carrying on your * enterprise; and (c) you had acquired the stock solely or partly for a * creditable purpose. (2) However, this section does not apply if: (a) you were entitled to an input tax credit for the acquisition; and (b) you have not had a * increasing adjustment under Division 138 (cessation of registration) relating solely or partly to the stock. (3) The amount of the decreasing adjustment is an amount equal to what would have been the * previously attributed input tax credit amount for the acquisition if you had been * registered at the time of the acquisition.

Amendment history: Inserted by No 177 of 1999, Sch 6 item 128, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 138-1 — What this Division is about

An entity whose registration has been cancelled may still have acquisitions and importations for which entitlements to input tax credits have arisen. This Division provides for an increasing adjustment to cancel those input tax credits.

s 138-5 — Adjustments for cessation of registration

(1) You have an increasing adjustment if: (a) your * registration is cancelled; and (b) immediately before the cancellation takes effect, your assets include anything in respect of which you were, or are, entitled to an input tax credit. Note: Increasing adjustments increase your net amounts. (2) The amount of the adjustment, for each thing referred to in paragraph (1)(b), is as follows: where: applicable value is: (a) the * GST inclusive market value of the thing immediately before the cancellation takes effect; or (b) if you were, or are, entitled to an input tax credit for acquiring the thing—the amount of the * consideration that you provided, or were liable to provide, for your acquisition of the thing, but only if the amount is less than that value; or (c) if you were, or are, entitled to an input tax credit for importing the thing—the cost to you of acquiring or producing the thing (plus the * assessed GST paid on its importation), but only if the amount is less than that value. (3) However, an * adjustment does not arise under this section in respect of an asset if: (a) there were one or more * adjustment periods for your acquisition or importation of the asset; and (b) the last of those adjustment periods has ended before the cancellation of your * registration takes effect.

Amendment history: Amended by No 39 of 2012, Sch 1 item 92, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 138-10 — Attributing adjustments for cessation of registration

(1) An * adjustment that you have under this Division is attributable to: (aa) if you are an * incapacitated entity—your tax period under section 27 ‑ 39; or (a) your concluding tax period under section 27 ‑ 40; or (b) if, because of subsection 151 ‑ 55(1) or 162 ‑ 85(1), you do not have a concluding tax period under section 27 ‑ 40—the tax period to which that subsection applies. (2) This section has effect despite section 29 ‑ 20 (which is about attributing your adjustments).

Amendment history: Amended by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 118 of 2009, Sch 1 item 29, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent

s 138-15 — Ceasing to be registered—amounts not previously attributed

(1) The GST payable by you on a * taxable supply, the input tax credit to which you are entitled for a * creditable acquisition, or an * adjustment that you have, is attributable to a particular tax period, and no other, if: (a) during the tax period, your * registration is cancelled; and (b) immediately before the cancellation, you were * accounting on a cash basis; and (c) the GST on the supply, the input tax credit on the acquisition, or the adjustment, was not attributable, to any extent, to a previous tax period during which you accounted on a cash basis; and (d) it would have been attributable to that previous tax period had you not accounted on a cash basis during that period. For accounting on a cash basis, see Subdivision 29 ‑ B. (2) This section has effect despite sections 29 ‑ 5, 29 ‑ 10 and 29 ‑ 20 (which are about attributing GST on supplies, input tax credits on acquisitions, and adjustments) and any other provisions of this Chapter.

s 138-17 — Situations to which this Division does not apply

(1) This Division does not apply to anything included in the assets of an entity whose * registration is cancelled, to the extent that the thing relates to an * enterprise that the entity * carried on before the cancellation, if: (a) the cancellation arises as a result of the death of the entity, and the executor or trustee of the deceased estate: (i) is registered or is * required to be registered; and (ii) continues, immediately after the cancellation, to carry on that enterprise; or (b) the cancellation arises as a result of the executor or trustee of a deceased estate ceasing to carry on any enterprise, and one or more beneficiaries of the deceased estate: (i) are registered or is * required to be registered; and (ii) continue, immediately after the cancellation, to carry on the enterprise that the deceased had carried on. (2) Division 129 (which is about changes in the extent of creditable purpose) continues to apply to the acquisition or importation of the thing immediately after the cancellation if: (a) Subdivision 129 ‑ A does not prevent an adjustment arising under that Division for the acquisition or importation; and (b) the cancellation occurs during an * adjustment period for the acquisition or importation. (3) For the purposes of applying Division 129 to the acquisition or importation after the cancellation: (a) the entity * carrying on the * enterprise in question immediately after the cancellation is taken to have made the acquisition or importation at the time it was originally made; and (b) the extent (if any) to which the thing was originally acquired or imported for a * creditable purpose is taken to be the extent (if any) to which the entity acquired or imported the thing for a creditable purpose; and (c) any * application of the thing since the original acquisition or importation is taken to be an application of the thing by the entity.

Amendment history: Inserted by No 92 of 2000, Sch 11 item 11E, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 138-20 — Application of Division 129

This Division (except subsections 138 ‑ 17(2) and (3)) does not affect the operation of Division 129 (which is about changes in the extent of creditable purpose).

Amendment history: Amended by No 92 of 2000, Sch 11 item 11G, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 139-1 — What this Division is about

Distributions from deceased estates, for private consumption, that are not taxable supplies may involve disposing of assets that were acquired or imported in circumstances giving rise to entitlements to input tax credits. This Division provides for an increasing adjustment to cancel those input tax credits.

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 139-5 — Adjustments for distributions from deceased estates

(1) You have an increasing adjustment if: (a) you are the executor or trustee of a deceased estate; and (b) you are * registered or * required to be registered; and (c) you supply an asset of the deceased estate to a beneficiary of the deceased estate; and (d) the supply is not a * taxable supply and is not a supply that is * GST ‑ free or * input taxed; and (e) you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person’s acquisition or importation of the asset. Note: Increasing adjustments increase your net amounts. (2) The amount of the adjustment, for the asset, is as follows: where: applicable value is: (a) the * GST inclusive market value of the asset immediately before it is supplied; or (b) if you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person acquiring the thing—the amount of the * consideration that you or the deceased person provided, or was liable to provide, for the acquisition of the thing, but only if the amount is less than that value; or (c) if you were, or are, or the deceased person was, entitled to an input tax credit for the deceased person importing the thing—the cost to you or the deceased person of acquiring or producing the thing (plus the * assessed GST paid on its importation), but only if the amount is less than that value. (3) However, an * adjustment does not arise under this section in respect of the asset if: (a) the asset related to an * enterprise that the deceased person * carried on, and the beneficiary intends to continue to carry on that enterprise; or (b) there were one or more * adjustment periods for the deceased person’s acquisition or importation of the asset, and the last of those adjustment periods has ended before the cancellation of your * registration takes effect.

Amendment history: Inserted by No 92 of 2000, Sch 11 item 12B, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 39 of 2012, Sch 1 item 93, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 139-10 — Attributing adjustments for distributions from deceased estates

(1) An * adjustment that you have under this Division is attributable to the tax period in which it arises. (2) This section has effect despite section 29 ‑ 20 (which is about attributing your adjustments).

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 139-15 — Application of Division 129

This Division does not affect the operation of Division 129 (which is about changes in the extent of creditable purpose).

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 141-1 — What this Division is about

The holder of a tradex order has an increasing adjustment if goods relating to that order are dealt with contrary to the Tradex Scheme. Note: GST would not have been payable on importation of the goods under the Tradex Scheme: see section 42 ‑ 5.

Amendment history: Inserted by No 176 of 1999, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 141-5 — Adjustments for applying goods contrary to the Tradex Scheme

(1) You have an increasing adjustment if: (a) you import * tradex scheme goods; and (b) you are the holder (within the meaning of the Tradex Scheme Act 1999 ) of the * tradex order relating to the goods; and (c) the importation would have been a * taxable importation if the goods had not been covered by item 21A of Schedule 4 to the Customs Tariff Act 1995 at the time of their entry for home consumption under the Customs Act 1901 ; and (d) any of the circumstances referred to in subsection 21(1) of that Act occur in respect of any of the goods. However, the increasing adjustment only arises in relation to the first occurrence of such a circumstance following an importation of the goods. (2) The amount of the * increasing adjustment is the difference between: (a) the amount of GST that would have been payable on the importation if the importation had been a * taxable importation; and (b) the amount (if any) of the input tax credit to which you would have been entitled for the importation if the importation had been a taxable importation.

Amendment history: Inserted by No 176 of 1999, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 141-10 — Meaning of tradex scheme goods etc.

(1) Tradex scheme goods are imported goods that: (a) are nominated goods (within the meaning of the Tradex Scheme Act 1999 ) in relation to a * tradex order; and (b) were covered by item 21A in Schedule 4 to the Customs Tariff Act 1995 at the time of their entry for home consumption under the Customs Act 1901 . (2) Tradex order has the meaning given by section 4 of the Tradex Scheme Act 1999 .

Amendment history: Inserted by No 176 of 1999, Sch 7 item 15 | Sch 7 item 16 | Sch 7 item 20, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 141-15 — Attribution of adjustments under this Division

(1) An adjustment under this Division is attributable to the tax period in which the adjustment arises. (2) This section has effect despite section 29 ‑ 20 (which is about attributing your adjustments).

Amendment history: Inserted by No 176 of 1999, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 141-20 — Application of Division 129

This Division does not affect the operation of Division 129 (which is about changes in the extent of creditable purpose).

Amendment history: Inserted by No 176 of 1999, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 142-1 — What this Division is about

Excess GST is not to be refunded if this would give an entity a windfall gain . Note: Refunding excess GST to a supplier will give it a windfall gain if it has already passed on the excess GST in the price of the supply (and not reimbursed the recipient).

Amendment history: Inserted by No 34 of 2014, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3)

s 142-5 — When this Subdivision applies

(1) This Subdivision applies if, after disregarding any amounts covered by subsection (2), your * assessed net amount for a tax period takes into account an amount of GST exceeding that which is payable. Note: This Subdivision applies whether or not you have paid, or been refunded, the assessed net amount. Example: Sunny Co mistakenly reports a negative net amount of $4,000 made up of GST of $10,000 less input tax credits of $14,000. In fact, Sunny Co’s GST should have been $8,000 making its negative net amount $6,000. Sunny Co has excess GST of $2,000. (2) Disregard the following amounts: (a) an amount of GST that was correctly payable and attributable to the tax period, but which later becomes the subject of a * decreasing adjustment; (b) an amount of GST that is payable, but is correctly attributable to a different tax period; (c) an amount of GST to which section 142 ‑ 16 (about low value goods) applies.

Amendment history: Inserted by No 34 of 2014, Sch 2 item 142, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3) | Amended by No 77 of 2017, Sch 1 item 44, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 142-10 — Refunding the excess GST

For the purposes of each * taxation law, so much of the excess from subsection 142 ‑ 5(1) (the excess GST ) as you have * passed on to another entity is taken to have always been: (a) payable; and (b) on a * taxable supply; until you reimburse the other entity for the passed ‑ on GST. Note 1: If you reimburse the passed ‑ on GST so that this section ceases to apply there will be an adjustment event under paragraph 19 ‑ 10(1)(b) or (c). You will have a decreasing adjustment (see section 19 ‑ 55) and the other entity may have an increasing adjustment (see section 19 ‑ 80). Note 2: Any excess GST you have not passed on will be refunded as described in section 155 ‑ 75 in Schedule 1 to the Taxation Administration Act 1953 . Note 3: While this section applies, paragraph 11 ‑ 5(b) (about taxable supplies) is satisfied for the corresponding acquisition by the other entity.

Amendment history: Inserted by No 34 of 2014, Sch 2 item 142, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3)

s 142-15 — When section 142 ‑ 10 does not apply

Commissioner satisfied it is inappropriate for that section to apply (1) Treat section 142 ‑ 10 as never having applied to the extent that the Commissioner is satisfied that: (a) applying that section would be inconsistent with the principle that excess GST is not to be refunded if this would give an entity a windfall gain; and (b) you have requested a decision under this subsection in the * approved form. Note: Refusing to make the requested decision is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ). (2) The Commissioner must notify you in writing of any decision relating to you made under subsection (1). If there never was a supply (3) Treat section 142 ‑ 10 as never having applied to the extent that: (a) you treated the excess GST as payable on a supply, but in fact there never was a supply; and (b) you reimburse the other entity for the * passed ‑ on GST. Note: If you reimburse the passed ‑ on GST, you will be refunded an equivalent amount as described in section 155 ‑ 75 in Schedule 1 to the Taxation Administration Act 1953 . So far as it relates to your creditable acquisitions (4) Section 142 ‑ 10 does not apply for the purposes of applying subsection 11 ‑ 15(2) (about creditable purpose) to you. If the recipient knows you have not paid the excess GST (5) Section 142 ‑ 10 does not apply for the purposes of applying a * taxation law to the other entity if, and while, that other entity knows, or could reasonably be expected to have known, that you have not paid the excess GST to the Commissioner. Note: Section 142 ‑ 10 still applies for the purposes of applying taxation laws to you.

Amendment history: Inserted by No 34 of 2014, Sch 2 item 15, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3)

s 142-16 — No refund of excess GST relating to supplies treated as non ‑ taxable importations

(1) This section applies to an amount of GST on a supply (the low value goods GST ) that is taken into account in your * assessed net amount for a tax period if: (a) you incorrectly treated the low value goods GST as payable on a supply of goods; and (b) an importation of the goods was a * taxable importation, but was incorrectly treated as being a * non ‑ taxable importation under section 42 ‑ 15; and (c) the * recipient of the supply is a * consumer of the supply. (2) For the purposes of each * taxation law, the low value goods GST is taken to have always been payable on a * taxable supply until: (a) to the extent (if any) that you have * passed on the GST to another entity—you reimburse the other entity for the passed on GST; and (b) an entity provides to you a declaration or information that indicates that GST has been paid on the * taxable importation.

Amendment history: Inserted by No 77 of 2017, Sch 1 item 42 | Sch 1 item 44, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 142-20 — Refunding GST relating to cancelled supplies

(1) This section applies if: (a) your * assessed net amount for a tax period takes into account an amount of GST on a supply; and (b) you have a * decreasing adjustment attributable to a later tax period as a result of the cancellation of the supply. (2) Reduce: (a) your * decreasing adjustment; and (b) if the * recipient of the supply has a corresponding * increasing adjustment—the recipient’s increasing adjustment; to the extent that you have * passed on that GST to the recipient, but not reimbursed the recipient for the passed ‑ on GST. (3) This section has effect despite sections 19 ‑ 55 (about decreasing adjustments for supplies) and 19 ‑ 80 (about increasing adjustments for acquisitions).

Amendment history: Inserted by No 34 of 2014, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3)

s 142-25 — Working out if GST has been passed on

(1) Some or all of an amount of GST may have been passed on to another entity even if: (a) a * tax invoice is not issued to or by that other entity; or (b) a tax invoice issued to or by that other entity relates to that GST, but does not contain enough information to enable that GST to be clearly ascertained. (2) If: (a) you issue a * tax invoice or a notice under section 84 ‑ 89 to another entity, or another entity issues a * recipient created tax invoice to you; and (b) the invoice or notice contains enough information to enable some or all of an amount of GST to be clearly ascertained; and (c) in a case where you must pay the * assessed net amount for a tax period to which the invoice or notice relates—you have paid that assessed net amount to the Commissioner; the invoice or notice is prima facie evidence of that part of that GST having * passed on to that other entity.

Amendment history: Inserted by No 34 of 2014, Sch 2 item 11, effective Sch 2 (items 1–12, 16): 30 May 2014 (s 2(1) item 3) | Amended by No 77 of 2017, Sch 1 item 46 | Sch 1 item 48, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 144-1 — What this Division is about

Taxi operators are required to be registered, regardless of turnover.

s 144-5 — Requirement to register

(1) You are required to be registered if, in * carrying on your enterprise, you supply * taxi travel. (2) It does not matter whether: (a) your * GST turnover meets the * registration turnover threshold; or (b) in * carrying on your enterprise, you make other supplies besides supplies of * taxi travel. (3) This section has effect despite section 23 ‑ 5 (which is about who is required to be registered).

Amendment history: Amended by No 80 of 2007, Sch 2 item 27, effective 21 June 2007

s 146-1 — What this Division is about

Non ‑ residents may elect to be limited registration entities. Limited registration entities are not entitled to input tax credits for acquisitions and importations, and must have quarterly tax periods. Note: The Commissioner may approve simpler approved forms for limited registration entities: see subsection 388 ‑ 50(3) in Schedule 1 to the Taxation Administration Act 1953 .

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 146-5 — Limited registration entities

(1) You are a limited registration entity for a tax period applying to you if an election under subsection (2) is in effect for you during the period. Electing to be a limited registration entity (2) You may, by notifying the Commissioner in the * approved form, make an election under this subsection if you are a * non ‑ resident who: (a) makes, or intends to make, one or more supplies that are: (i) * inbound intangible consumer supplies; or (ii) * offshore supplies of low value goods that were, or would be, * connected with the indirect tax zone, solely because of Subdivision 84 ‑ C; or (b) is, or intends to become, a * redeliverer of * offshore supplies of low value goods. When an election is in effect (3) The election: (a) takes effect from the start of the tax period you nominate in the election; and (b) if your * registration is cancelled and the date of effect of the cancellation occurs after the start of that tax period—ceases to have effect on the date of effect of the cancellation; and (c) if paragraph (b) does not apply and, under subsection (5), you revoke the election—ceases to have effect at the start of your first tax period to start after the revocation. (4) However, the election never takes effect if your * registration is cancelled and the date of effect of the cancellation occurs on or before the start of the tax period you nominate in the election. Revoking an election (5) You may, by notifying the Commissioner in the * approved form, revoke an election under subsection (2). (6) However, subsection (5) does not apply if you have been notified that the Commissioner has decided to cancel your * registration (whether or not the cancellation has already taken effect).

Amendment history: Inserted by No 77 of 2017, Sch 1 item 146 | Sch 1 item 58 | Sch 1 item 66, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 146-10 — Limited registration entities cannot make creditable acquisitions

(1) An acquisition made by a * limited registration entity is not a * creditable acquisition if an election under subsection 146 ‑ 5(2) is in effect for the entity when the acquisition is made. (2) However, subsection (1) does not apply, and is taken never to have applied, to the acquisition if you revoke the election under subsection 146 ‑ 5(5) during: (a) the * financial year in which the acquisition is made; or (b) the next financial year. (3) This section has effect despite section 11 ‑ 5 (which is about what is a creditable acquisition).

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 146-15 — Limited registration entities cannot make creditable importations

(1) An importation made by a * limited registration entity is not a * creditable importation if an election under subsection 146 ‑ 5(2) is in effect for the entity when the importation is made. (2) However, subsection (1) does not apply, and is taken never to have applied, to the importation if you revoke the election under subsection 146 ‑ 5(5) during: (a) the * financial year in which the importation is made; or (b) the next financial year. (3) This section has effect despite section 15 ‑ 5 (which is about what is a creditable importation).

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 146-20 — Entries in the Australian Business Register

(1) Subsection 25 ‑ 10(2) does not apply if: (a) you become * registered; and (b) on the date your registration takes or took effect, you are a * limited registration entity. Note: Under subsection 25 ‑ 10(2), the Australian Business Registrar would otherwise be required to enter that date in the Australian Business Register. (2) However, if: (a) you cease to be a * limited registration entity at a time when you are * registered; and (b) because of subsection (1) of this section, subsection 25 ‑ 10(2) did not apply to your registration; subsection 25 ‑ 10(2) is taken to apply from the time you cease to be a limited registration entity. (3) Subsection 25 ‑ 60(2) does not apply if: (a) your * registration is cancelled; and (b) because of subsection (1) of this section, the date on which your registration took effect was not entered in the * Australian Business Register; and (c) immediately before the cancellation took effect, you were a * limited registration entity. Note: Under subsection 25 ‑ 60(2), the Australian Business Registrar would otherwise be required to enter that date in the Australian Business Register.

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1) | Amended by No 69 of 2020, Sch 1 item 92 | Sch 1 item 93 | Sch 1 item 94 | Sch 1 item 95, effective Sch 1 (items 90–98, 1465–1467): awaiting commencement (s 2(1) items 2, 5)

s 146-25 — Limited registration entities have only quarterly tax periods

(1) If you are a * limited registration entity, you cannot make an election under section 27 ‑ 10, and the Commissioner cannot determine your tax periods under section 27 ‑ 15 or 27 ‑ 37. Note: Sections 27 ‑ 10 and 27 ‑ 15 provide for each individual month to be a tax period. Section 27 ‑ 37 provides for 12 complete tax periods in each year. (2) An election by you under section 27 ‑ 10 or a determination under section 27 ‑ 15 or 27 ‑ 37 in relation to you is taken not to be in force at any time during which you are a * limited registration entity. (3) This section has effect despite sections 27 ‑ 10, 27 ‑ 15 and 27 ‑ 37 (which are about one month tax periods).

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 149-1 — What this Division is about

Parts of the Commonwealth, a State or a Territory may register even if they are not separate legal entities. Once registered, they may become liable for GST and entitled to input tax credits. Government entities may also form GST groups.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 149-5 — Government entities may register

(1) A * government entity may apply to be * registered under section 23 ‑ 10 even if: (a) it is not an entity; and (b) it is not * carrying on an * enterprise or is not intending to carry on an enterprise. (2) For the purposes of subsections 25 ‑ 5(1) and (3), the Commissioner is to treat the government entity as an entity. (3) The Commissioner must * register the government entity whether or not the Commissioner is satisfied that it is * carrying on an * enterprise or intending to carry on an enterprise. (4) This section has effect despite section 23 ‑ 10 (which is about who may be registered) and modifies the effect of section 25 ‑ 5 (which is about when the Commissioner must register an entity).

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 149-10 — Government entities are not required to be registered

(1) A * government entity is not * required to be registered even if: (a) it is * carrying on an * enterprise; and (b) its * GST turnover meets the * registration turnover threshold. (2) This subsection has effect despite section 23 ‑ 5.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 80 of 2007, Sch 2 item 28, effective 21 June 2007

s 149-15 — GST law applies to registered government entities

For the purposes of the * GST law, a * government entity that is * registered is treated, while its registration has effect, as if it were an entity carrying on an * enterprise.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 39 of 2012, Sch 4 item 4 | Sch 4 item 5, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 149-20 — Government entities not required to cancel their registration

Section 25 ‑ 50 and subsection 25 ‑ 55(2) (which are about cancelling registration) do not apply to * government entities.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 149-25 — Membership requirements of a government GST group

A * government related entity satisfies the membership requirements for a * GST group, or a proposed GST group, of government related entities if: (a) it is * registered; and (b) it is not a * member of any other GST group; and (c) it has the same tax periods applying to it as the tax periods applying to all the other members of the GST group or proposed GST group; and (d) it accounts on the same basis as all those other members; and (e) all those other members are government related entities. Note: Some government related entities can still use section 48 ‑ 10 to satisfy the membership requirements of GST groups.

Amendment history: Inserted by No 177 of 1999, Sch 6 item 57, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 151-1 — What this Division is about

In some cases, you may elect to have annual tax periods. You will then lodge GST returns, and pay amounts of GST or receive refunds of GST, on an annual basis (which better matches your obligation to lodge an income tax return).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent

s 151-5 — Eligibility to make an annual tax period election

(1) You are eligible to make an * annual tax period election if: (a) you are not * required to be registered; and (b) you have not made any election under section 162 ‑ 15 to pay GST by instalments (other than such an election that is no longer in effect). (2) However, you are not eligible to make an * annual tax period election if the only reason you are not * required to be registered is because you disregarded supplies under paragraph 188 ‑ 15(3)(b) or 188 ‑ 20(3)(b) (which are about supplies of rights or options offshore).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 77 of 2005, Sch 3 item 16A | Sch 3 item 16B, effective 29 June 2005 | Amended by No 65 of 2019, Sch 2 item 2, effective Sch 2: 1 Oct 2019 (s 2(1) item 2)

s 151-10 — Making an annual tax period election

(1) You may, by notifying the Commissioner in the * approved form, make an * annual tax period election if you are eligible under section 151 ‑ 5. (2) Your election takes effect from: (a) the start of the earliest tax period for which, on the day on which you make your election, your * GST return is not yet due (taking into account any further period the Commissioner allows under paragraph 31 ‑ 8(1)(b) or 31 ‑ 10(1)(b)); or (b) the start of such other tax period as the Commissioner allows, in accordance with a request you make in the * approved form. Note: Refusing a request to allow your election to take effect from the start of another tax period is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 126, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1))

s 151-15 — Annual tax period elections by representative members of GST groups

(1) A * representative member of a * GST group cannot make an * annual tax period election unless each * member of the GST group is eligible under section 151 ‑ 5. (2) If the * representative member makes such an election, the * annual tax period applying to the representative member also applies to each member.

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent

s 151-20 — When you must make your annual tax period election

(1) You must make your * annual tax period election: (a) if the tax periods applying to you are * quarterly tax periods—on or before 28 October in the * financial year to which it relates; or (b) in any other case—on or before 21 August in that financial year. (2) However: (a) if: (i) during the * financial year but after 28 October in that financial year, you became eligible under section 151 ‑ 5 to make an * annual tax period election; and (ii) this subsection had not applied to you before; and (iii) your * current GST lodgment record is not more than 6 months; or (b) if the financial year started on 1 July 2004 and the Commissioner determines in writing that this paragraph applies; you must make your election on or before the first day, after becoming eligible under section 151 ‑ 5 or after the Commissioner’s determination, on which you would, but for this Division, be required to give a * GST return to the Commissioner. (3) The Commissioner may, in accordance with a request you make in the * approved form, allow you to make your election on a specified day occurring after the day provided for under subsection (1) or (2). Note: Refusing a request to be allowed to make an election on a specified day under this subsection is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 127, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1))

s 151-25 — Duration of an annual tax period election

General rule (1) Your election ceases to have effect if: (a) you revoke it by notifying the Commissioner in the * approved form; or (b) the Commissioner disallows it under subsection (3); or (c) on 31 July in a * financial year, you are * required to be registered. Your election also ceases to have effect at the end of your tax period under subsection 27 ‑ 39(1), at the end of your concluding tax period under section 27 ‑ 40, or at the end of a tax period applying to you to which subsection 151 ‑ 55(1) applies. Revocation (2) A revocation of your election is taken to have had, or has, effect: (a) if you notify the Commissioner on or before 28 October in a financial year—from the start of that * financial year; or (b) if you notify the Commissioner after 28 October in a financial year—from the start of the next financial year. Disallowance (3) The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a * taxation law. Note: Disallowing your election is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ). (4) A disallowance of your election is taken to have had effect: (a) if the Commissioner notifies you of the disallowance during the * financial year in which your election first took effect—from the start of the tax period in which it first took effect; or (b) if the Commissioner notifies you of the disallowance on or before 28 October during a later financial year—from the start of that later financial year; or (c) if the Commissioner notifies you of the disallowance after 28 October during a later financial year—from the start of the financial year immediately following that later financial year. Becoming subject to a requirement to register (5) If paragraph (1)(c) applies, your election is taken to have ceased to have effect from the start of the * financial year referred to in that paragraph.

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 128, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1)) | Amended by No 118 of 2009, Sch 1 item 31, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent | Amended by No 74 of 2010, Sch 1 item 33 | Sch 1 item 34, effective Schedule 1 (items 1–40, 43–55, 63) and Schedule 3: Royal Assent Schedule 2 (items 1–5): 1 July 2010

s 151-40 — Annual tax periods

(1) While an * annual tax period election that you have made has effect, each * financial year is a tax period that applies to you. (2) However, if your * annual tax period election takes effect on a day that is not the start of a * financial year, the period from when your annual tax period election takes effect until the end of the financial year in which it takes effect is a tax period that applies to you. (3) A tax period under this section is an annual tax period . (4) This section has effect despite sections 27 ‑ 5, 27 ‑ 10 and 27 ‑ 30 (which are about tax periods).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent

s 151-45 — When GST returns for annual tax periods must be given

(1) You must give your * GST return for an * annual tax period to the Commissioner: (a) if you are required under section 161 of the * ITAA 1936 to lodge a return in relation to a year of income corresponding to, or ending during, an annual tax period applying to you—within: (i) the period, specified in the instrument made under that section, for you to lodge as required under that section; or (ii) such further time as the Commissioner has permitted for you to lodge as required under that section; or (b) if paragraph (a) does not apply—on or before the 28 February following the end of the annual tax period. Note: Section 388 ‑ 55 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for giving the GST return. (2) This section has effect despite sections 31 ‑ 8 and 31 ‑ 10 (which are about when GST returns must be given).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 64 of 2020, effective Sch 3 (items 146–154, 325, 326): 1 Oct 2020 (s 2(1) item 6)

s 151-50 — When payments of assessed net amounts for annual tax periods must be made

(1) If the * assessed net amount for an * annual tax period applying to you is greater than zero, you must pay the assessed net amount to the Commissioner on or before the day on which, under section 151 ‑ 45, you are required to give to the Commissioner your * GST return for the annual tax period. (2) This section has effect despite section 33 ‑ 5 (which is about when payments of assessed net amounts must be made).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 94 | Sch 1 item 95 | Sch 1 item 96 | Sch 1 item 97, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 151-55 — An entity’s concluding annual tax period

(1) If any of the following occurs: (a) an entity who is an individual dies; (b) an entity ceases to * carry on any * enterprise; (c) an entity’s * registration is cancelled; during an * annual tax period applying to the entity, the annual tax period is not affected by the death, cessation or cancellation. (2) This section has effect despite section 27 ‑ 40 (which is about an entity’s concluding tax period). (3) However, this section does not affect the application of: (a) section 27 ‑ 39; or (b) if an entity for any reason ceases to exist—section 27 ‑ 40.

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 118 of 2009, Sch 1 item 32, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent

s 151-60 — The effect of incapacitation or cessation

(1) If an entity becomes an * incapacitated entity, or the entity for any reason ceases to exist, the entity must give the * GST return, for the * annual tax period that ends as a result, to the Commissioner: (a) on or before the 21st day of the month following the end of the annual tax period; or (b) within such further period as the Commissioner allows. (2) If the * assessed net amount for the * annual tax period is greater than zero, the entity must pay the assessed net amount to the Commissioner on or before the 21st day of the month following the end of the annual tax period. (3) This section has effect despite sections 151 ‑ 45 (which is about when GST returns for annual tax periods must be given) and 151 ‑ 50 (which is about when payments of assessed net amounts for annual tax periods must be made).

Amendment history: Inserted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 118 of 2009, Sch 1 item 33 | Sch 1 item 34, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent | Amended by No 39 of 2012, Sch 1 item 98 | Sch 1 item 99 | Sch 1 item 100, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 153-1 — What this Division is about

This Division sets out the rules for holding and issuing tax invoices and adjustment notes when your supplies or acquisitions are made through an agent, or when insurance is supplied through an insurance broker. It also allows in some cases a supply or acquisition made through, or facilitated by, an entity on your behalf to be treated as 2 separate supplies or acquisitions.

Amendment history: Amended by No 177 of 1999, Sch 6 item 110, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 92 of 2000, Sch 4 item 4 | Sch 4 item 5, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 2, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 153-5 — Attributing the input tax credits for your creditable acquisitions

(1) If: (a) you are entitled to the input tax credit for a * creditable acquisition made through an agent; and (b) neither you nor your agent holds a * tax invoice for the acquisition when you give to the Commissioner a * GST return for the tax period to which the input tax credit on the acquisition would otherwise be attributable; then: (c) the input tax credit (including any part of the input tax credit) is not attributable to that tax period; and (d) the input tax credit (or the part of the input tax credit) is attributable to the first tax period for which you give to the Commissioner a GST return at a time when you or your agent holds that tax invoice. (2) This section has effect despite subsection 29 ‑ 10(3) (which is about the requirement to hold a tax invoice).

s 153-10 — Attributing your adjustments

(1) If: (a) you have a * decreasing adjustment relating to a supply made by you through an agent or made to you through an agent; and (b) neither you nor your agent holds an * adjustment note or * third party adjustment note for the adjustment when you give to the Commissioner a * GST return for the tax period to which the adjustment would otherwise be attributable; then: (c) the adjustment (including any part of the adjustment) is not attributable to that tax period; and (d) the adjustment (or the part of the adjustment) is attributable to the first tax period for which you give to the Commissioner a GST return at a time when you or your agent holds that adjustment note or third party adjustment note. (2) This section has effect despite subsections 29 ‑ 20(3) (which is about the requirement to hold an adjustment note) and 134 ‑ 15(1) (which is about the requirement to hold a third party adjustment note).

Amendment history: Amended by No 21 of 2010, Sch 1 item 14 | Sch 1 item 15 | Sch 1 item 16, effective Sch 1 (items 1, 2, 4–9, 12–23, 29) and Sch 2 (items 1, 3): 24 Mar 2010 (s 2(1) items 2, 4, 6) Sch 1 (items 3, 10, 11) and Sch 2 (item 2): 24 Mar 2010 (s 2(1) items 3, 5, 8)

s 153-15 — Tax invoices

(1) If you make a * taxable supply through an agent, an obligation to issue a * tax invoice relating to the supply: (a) arises whether the * recipient makes a request for a tax invoice to you or the agent; and (b) is complied with if either you or the agent gives the recipient a tax invoice within 28 days after the request. (2) However, you and the agent must not both issue separate * tax invoices relating to the supply. Note: If Subdivision 153 ‑ B is to apply to the supply, there will be an arrangement under which only your agent can issue the tax invoice: see paragraph 153 ‑ 50(1)(d). (3) This section has effect despite section 29 ‑ 70 (which is about tax invoices).

Amendment history: Amended by No 92 of 2000, Sch 4 item 6 | Sch 9 item 288, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 3, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 153-20 — Adjustment notes

(1) If you have a * decreasing adjustment relating to a supply made by you through an agent or made to you through an agent, an obligation under subsection 29 ‑ 75(2) to issue an * adjustment note for the adjustment, or an obligation under subsection 134 ‑ 20(2) to issue a * third party adjustment note for the adjustment: (a) arises whether the * recipient makes a request for an adjustment note or a third party adjustment note to you or the agent; and (b) is complied with if either you or your agent gives the recipient an adjustment note or a third party adjustment note within 28 days after the request. (2) However, you and the agent must not both issue separate * adjustment notes or * third party adjustment notes for the adjustment. (3) This section has effect despite sections 29 ‑ 75 (which is about adjustment notes) and 134 ‑ 20 (which is about third party adjustment notes).

Amendment history: Amended by No 21 of 2010, Sch 1 item 17 | Sch 1 item 19 | Sch 1 item 20, effective Sch 1 (items 1, 2, 4–9, 12–23, 29) and Sch 2 (items 1, 3): 24 Mar 2010 (s 2(1) items 2, 4, 6) Sch 1 (items 3, 10, 11) and Sch 2 (item 2): 24 Mar 2010 (s 2(1) items 3, 5, 8)

s 153-25 — Insurance supplied through insurance brokers

(1) If an insurer supplies an * insurance policy through an * insurance broker acting on behalf of the * recipient of the supply, this Subdivision has effect as if the supply were made through the insurance broker as an agent of the insurer. (2) This section does not affect the application of this Subdivision in relation to the acquisition of the * insurance policy through the insurance broker as an agent of the * recipient.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 92 of 2000, Sch 4 item 8, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 153-50 — Arrangements under which intermediaries are treated as suppliers or acquirers

(1) An entity (the principal ) may, in writing, enter into an arrangement with another entity (the intermediary ) under which: (a) the intermediary will, on the principal’s behalf, do any or all of the following: (i) make supplies to third parties; (ii) facilitate supplies to third parties (including by issuing * invoices relating to, or receiving * consideration for, such supplies); (iii) make acquisitions from third parties; (iv) facilitate acquisitions from third parties (including by providing consideration for such acquisitions); and (b) the kinds of supplies or acquisitions, or the kinds of supplies and acquisitions, to which the arrangement applies are specified; and (c) for the purposes of the GST law: (i) the intermediary will be treated as making the supplies to the third parties, or acquisitions from the third parties, or both; and (ii) the principal will be treated as making corresponding supplies to the intermediary, or corresponding acquisitions from the intermediary, or both; and (d) in the case of supplies to third parties: (i) the intermediary will issue to the third parties, in the intermediary’s own name, all the * tax invoices and * adjustment notes relating to those supplies; and (ii) the principal will not issue to the third parties any tax invoices and adjustment notes relating to those supplies; and (e) the arrangement ceases to have effect if the principal or the intermediary, or both of them, cease to be * registered. (2) For the purposes of subsection (1), an entity can be an intermediary whether or not the entity is the agent of the principal.

Amendment history: Inserted by No 92 of 2000, Sch 4 item 153 | Sch 4 item 10, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 3 | Sch 3 item 5 | Sch 3 item 6 | Sch 3 item 7 | Sch 3 item 8 | Sch 3 item 10 | Sch 3 item 25, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010 | Amended by No 41 of 2011, Sch 5 item 1, effective Schedule 4 (items 1–10, 16) and Schedule 5 (items 1–3): Royal Assent

s 153-55 — The effect of these arrangements on supplies

(1) A * taxable supply that the principal makes to a third party through the intermediary is taken to be a supply that is a taxable supply made by the intermediary to the third party, and not by the principal, if: (a) the supply is of a kind to which the arrangement applies; and (b) the supply is made in accordance with the arrangement; and (c) both the principal and the intermediary are * registered. (2) In addition, the principal is taken to make a supply that is a * taxable supply to the intermediary. This supply is taken: (a) to be a supply of the same thing as is supplied in the taxable supply (the intermediary’s supply ) that the intermediary is taken to make; and (b) to have a * value equal to 10 / 11 of the amount that is payable to the principal by the intermediary in respect of the intermediary’s supply. The intermediary is taken to make a corresponding * creditable acquisition from the principal. (3) If the principal pays, or is liable to pay, an amount, as a commission or similar payment, to the intermediary for the intermediary’s supply to the third party: (a) for the purpose of paragraph (2)(b), the amount payable by the intermediary to the principal is taken to be reduced by the amount the principal pays, or is liable to pay, to the intermediary; and (b) the supply by the intermediary to the principal, to which the principal’s payment or liability relates, is not a * taxable supply. (4) However, this section no longer applies, and is taken never to have applied, if the principal issues to the third party, in the principal’s own name, any * tax invoice or * adjustment note relating to the supply. (4A) Without limiting subsection (4), this section does not apply in relation to a supply to which section 84 ‑ 55 or section 84 ‑ 81 applies. Note: These sections treat an operator of an electronic distribution platform, or a goods redeliverer, as having made the supply. (5) This section has effect despite section 9 ‑ 5 (which is about what are taxable supplies), section 9 ‑ 75 (which is about the value of taxable supplies) and section 11 ‑ 5 (which is about what are creditable acquisitions).

Amendment history: Inserted by No 92 of 2000, Sch 4 item 6 | Sch 4 item 188, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 11 | Sch 3 item 12 | Sch 3 item 13 | Sch 3 item 14 | Sch 3 item 15 | Sch 3 item 16, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010 | Amended by No 52 of 2016, Sch 1 item 27, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1) | Amended by No 77 of 2017, Sch 1 item 50 | Sch 1 item 51, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 153-60 — The effect of these arrangements on acquisitions

(1) An acquisition that the principal makes from a third party through the intermediary is taken to be a * creditable acquisition made by the intermediary from the third party, and not by the principal, if: (a) the acquisition is of a kind to which the arrangement applies; and (b) the acquisition is made in accordance with the arrangement; and (c) both the principal and the intermediary are * registered. (2) In addition, the intermediary is taken to make a supply that is a * taxable supply to the principal. This supply is taken: (a) to be a supply of the same thing as is acquired in the * creditable acquisition (the intermediary’s acquisition ) that the intermediary is taken to make; and (b) to have a * value equal to 10 / 11 of the amount that is payable to the intermediary by the principal in respect of the intermediary’s acquisition. The principal is taken to make a corresponding acquisition from the intermediary, and the acquisition is taken to be a creditable acquisition if, apart from this section, the principal’s acquisition from the third party would have been a creditable acquisition. (3) If the principal pays, or is liable to pay, an amount, as a commission or similar payment, to the intermediary for the intermediary’s acquisition from the third party: (a) for the purpose of paragraph (2)(b), the amount payable by the principal to the intermediary is taken to be increased by the amount the principal pays, or is liable to pay, to the intermediary; and (b) the supply by the intermediary to the principal, to which the principal’s payment or liability relates, is not a * taxable supply. (3A) This section does not apply in relation to an acquisition if section 84 ‑ 55 applies to the supply to which the acquisition relates. Note: Under section 84 ‑ 55, an inbound intangible consumer supply, or an offshore supply of low value goods, made through an electronic distribution platform (or a supply that is taken to be such a supply because of section 84 ‑ 60) is treated as having been made by the operator of the platform. (4) This section has effect despite section 11 ‑ 5 (which is about what are creditable acquisitions), section 11 ‑ 10 (which is about what are acquisitions), section 9 ‑ 5 (which is about what are taxable supplies) and section 9 ‑ 75 (which is about the value of taxable supplies).

Amendment history: Inserted by No 92 of 2000, Sch 4 item 188, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 18 | Sch 3 item 19 | Sch 3 item 20 | Sch 3 item 21 | Sch 3 item 22 | Sch 3 item 23, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010 | Amended by No 52 of 2016, Sch 1 item 28, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1) | Amended by No 77 of 2017, Sch 1 item 52, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 153-65 — Determinations that supplies or acquisitions are taken to be under these arrangements

(1) The Commissioner may determine in writing that: (a) supplies of a specified kind to third parties that any entity (the intermediary ) makes or facilitates (including by issuing * invoices relating to, or receiving * consideration for, such supplies) on behalf of any other entity (the principal ); or (b) acquisitions of a specified kind from third parties that any entity (the intermediary ) makes or facilitates (including by providing consideration for such acquisitions) on behalf of any other entity (the principal ); are taken to be supplies or acquisitions that are of a kind to which an arrangement of a kind referred to in section 153 ‑ 50 applies, and that are made in accordance with that arrangement. (2) The determination has effect accordingly, unless either the intermediary or the principal notifies the other in writing, or both notify each other in writing, that: (a) any supplies to third parties that the intermediary makes or facilitates (including by issuing * invoices relating to, or receiving * consideration for, such supplies) on the principal’s behalf are not supplies to which such an arrangement applies; and (b) any acquisitions from third parties that the intermediary makes or facilitates (including by providing consideration for such acquisitions) on the principal’s behalf are not acquisitions to which such an arrangement applies.

Amendment history: Inserted by No 92 of 2000, Sch 4 item 10, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 20 of 2010, Sch 3 item 25 | Sch 3 item 26 | Sch 3 item 27 | Sch 3 item 28, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 156-1 — What this Division is about

Supplies and acquisitions made for a period or on a progressive basis are treated as separate supplies or acquisitions for some purposes, in particular the attribution rules.

s 156-5 — Attributing the GST on progressive or periodic supplies

(1) The GST payable by you on a * taxable supply that is made: (a) for a period or on a progressive basis; and (b) for * consideration that is to be provided on a progressive or periodic basis; is attributable, in accordance with section 29 ‑ 5, as if each progressive or periodic component of the supply were a separate supply. (2) If the progressive or periodic components of such a supply are not readily identifiable, the components correspond to the proportion of the total * consideration for the supply that the separate amounts of consideration represent.

Amendment history: Amended by No 177 of 1999, Sch 6 item 112 | Sch 6 item 113, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 156-10 — Attributing the input tax credits on progressive or periodic acquisitions

(1) The input tax credit to which you are entitled for a * creditable acquisition that is made: (a) for a period or on a progressive basis; and (b) for * consideration that is to be provided on a progressive or periodic basis; is attributable, in accordance with section 29 ‑ 10, as if each progressive or periodic component of the acquisition were a separate acquisition. (2) If the progressive or periodic components of such an acquisition are not readily identifiable, the components correspond to the proportion of the total * consideration for the acquisition that the separate amounts of consideration represent.

Amendment history: Amended by No 177 of 1999, Sch 6 item 114 | Sch 6 item 115, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2))

s 156-15 — Progressive or periodic supplies partly connected with the indirect tax zone

(1) If: (a) a * taxable supply is made for a period or on a progressive basis; and (b) the supply is made for * consideration that is to be provided on a progressive or periodic basis; and (c) the whole of a progressive or periodic component of the supply would not be * connected with the indirect tax zone if it were a separate supply; that component is treated as if it were a separate supply that is not connected with the indirect tax zone. (2) This section has effect despite section 9 ‑ 25 (which is about when supplies are connected with the indirect tax zone) and Division 96.

Amendment history: Amended by No 176 of 1999, Sch 1 item 119 | Sch 1 item 121, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 2 of 2015, Sch 4 item 1936, effective Sch 2 (items 21, 73): 1 July 2015 (s 2(1) item 4) Sch 4 (items 24–31, 79): 25 Feb 2015 (s 2(1) item 6)

s 156-17 — Application of Division 58 to progressive or periodic supplies and acquisitions

(1) A supply that is made: (a) for a period or on a progressive basis; and (b) for * consideration that is to be provided on a progressive or periodic basis; is treated, for the purposes of Division 58 (which is about representatives of incapacitated entities), as if each progressive or periodic component of the supply were a separate supply. (2) An acquisition that is made: (a) for a period or on a progressive basis; and (b) for * consideration that is to be provided on a progressive or periodic basis; is treated, for the purposes of Division 58 (which is about representatives of incapacitated entities), as if each progressive or periodic component of the acquisition were a separate acquisition.

Amendment history: Inserted by No 118 of 2009, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent

s 156-20 — Application of Division 129 to progressive or periodic acquisitions

An acquisition that is made: (a) for a period or on a progressive basis; and (b) for * consideration that is to be provided on a progressive or periodic basis; is treated, for the purposes of Division 129 (which is about changes in the extent of creditable purpose), as if each progressive or periodic component of the acquisition were a separate acquisition.

s 156-22 — Leases etc. treated as being on a progressive or periodic basis

For the purposes of this Division, a supply or acquisition by way of lease, hire or similar arrangement is to be treated as a supply or acquisition that is made on a progressive or periodic basis, for the period of the lease, hire or arrangement.

Amendment history: Inserted by No 176 of 1999, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 156-23 — Certain supplies or acquisitions under hire purchase agreements treated as not on progressive or periodic basis

For the purposes of this Division, a supply or acquisition of goods or credit under a * hire purchase agreement is treated as not being a supply or acquisition made on a progressive or periodic basis.

Amendment history: Inserted by No 12 of 2012, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012

s 156-25 — Accounting on a cash basis

This Division (other than sections 156 ‑ 15 and 156 ‑ 17) does not apply if you * account on a cash basis.

Amendment history: Amended by No 176 of 1999, Sch 1 item 121, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 118 of 2009, Sch 1 item 36, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent

s 157-1 — What this Division is about

The choice available to an endorsed charity, gift ‑ deductible entity or government school to account on a cash basis is not restricted as it is for other entities, but other restrictions may apply.

Amendment history: Inserted by No 80 of 2006, effective Schedule 10 (items 3–5): 1 July 2005 Schedules 12 and 15: Royal Assent | Amended by No 169 of 2012, Sch 2 item 113, effective Sch 2 (items 25, 69–130): 3 Dec 2012 (s 2(1) item 3)

s 157-5 — Charities etc. choosing to account on a cash basis

(1) An * endorsed charity, a * gift ‑ deductible entity or a * government school may choose to * account on a cash basis, with effect from the first day of the tax period that the endorsed charity or entity chooses. (3) This section does not apply in relation to 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 the entity is: (a) an * endorsed charity; or (b) a * government school; or (c) a fund, authority or institution of a kind referred to in paragraph 30 ‑ 125(1)(b) of the ITAA 1997. Note: This subsection excludes from this section certain (but not all) gift ‑ deductible entities that are only endorsed for the operation of a fund, authority or institution. (4) This section has effect despite section 29 ‑ 40 (which is about choosing to account on a cash basis).

Amendment history: Inserted by No 80 of 2006, Sch 12 item 2, effective Schedule 10 (items 3–5): 1 July 2005 Schedules 12 and 15: Royal Assent | Amended by No 169 of 2012, Sch 2 item 114 | Sch 2 item 115 | Sch 2 item 116 | Sch 2 item 117 | Sch 2 item 118, effective Sch 2 (items 25, 69–130): 3 Dec 2012 (s 2(1) item 3)

s 157-10 — Charities etc. ceasing to account on a cash basis

(1) Paragraphs 29 ‑ 50(1)(a) and (ab) and subsection 29 ‑ 50(3) do not apply in relation to any * endorsed charity, any * gift ‑ deductible entity or any * government school. (3) This section does not apply in relation to 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 the entity is: (a) an * endorsed charity; or (b) a * government school; or (c) a fund, authority or institution of a kind referred to in paragraph 30 ‑ 125(1)(b) of the ITAA 1997. Note: This subsection excludes from this section certain (but not all) gift ‑ deductible entities that are only endorsed for the operation of a fund, authority or institution.

Amendment history: Inserted by No 80 of 2006, effective Schedule 10 (items 3–5): 1 July 2005 Schedules 12 and 15: Royal Assent | Amended by No 80 of 2007, Sch 2 item 29, effective 21 June 2007 | Amended by No 169 of 2012, Sch 2 item 119 | Sch 2 item 120 | Sch 2 item 121 | Sch 2 item 122, effective Sch 2 (items 25, 69–130): 3 Dec 2012 (s 2(1) item 3)

s 158-1 — What this Division is about

If you account on a cash basis, you are treated as if you do not account on a cash basis for any acquisition made under a hire purchase agreement.

Amendment history: Inserted by No 12 of 2012, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012

s 158-5 — Treat as not accounting on a cash basis

(1) This section applies if you * account on a cash basis. (2) This Act and the regulations apply in relation to: (a) an acquisition you make under a * hire purchase agreement; or (b) an input tax credit to which you are entitled, or an * adjustment you have, under subsection 58 ‑ 10(1) for an acquisition made under a hire purchase agreement; as if you do not * account on a cash basis.

Amendment history: Inserted by No 12 of 2012, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012

s 159-1 — What this Division is about

This Division tells you to which tax periods to attribute any supplies and acquisitions that are affected by a change in your accounting basis, and how to treat bad debts if your accounting basis changes.

s 159-5 — Ceasing to account on a cash basis—amounts not previously attributed

(1) The GST payable by you on a * taxable supply, the input tax credit to which you are entitled for a * creditable acquisition, or an * adjustment that you have, is attributable to a particular tax period (the transition tax period ), and not to any other tax period, if: (a) at the start of the transition tax period, you cease to * account on a cash basis; and (b) the GST on the supply, the input tax credit on the acquisition, or the adjustment, was not attributable, to any extent, to a previous tax period during which you accounted on a cash basis; and (c) it would have been attributable to that previous tax period had you not accounted on a cash basis during that period. For accounting on a cash basis, see Subdivision 29 ‑ B. Example: In tax period A in the following diagram, you issue an invoice for a supply that you made, but you receive no payment for the supply until tax period D. However, you cease to account on a cash basis at the start of tax period C (which is therefore the transition tax period). Under section 29 ‑ 5, the supply was not attributable to tax period A (because at the time you were accounting on a cash basis), but it would have been attributable to that period if you had not been accounting on a cash basis (because you issued the invoice in that period). Therefore the supply is attributable to tax period C (the transition tax period). (2) This section has effect despite sections 29 ‑ 5, 29 ‑ 10 and 29 ‑ 20 (which are about attributing GST on supplies, input tax credits on acquisitions, and adjustments) and any other provisions of this Chapter.

s 159-10 — Ceasing to account on a cash basis—amounts partly attributed

(1) The GST payable by you on a * taxable supply, the input tax credit to which you are entitled for a * creditable acquisition, or an * adjustment that you have, is attributable to a particular tax period (the transition tax period ), and not to any other tax period, if: (a) at the start of the transition tax period, you cease to * account on a cash basis; and (b) the GST on the supply, the input tax credit on the acquisition, or the adjustment, was only to some extent attributable to a previous tax period during which you accounted on a cash basis; and (c) it would have been attributable solely to that previous tax period had you not accounted on a cash basis during that period. (2) However, the GST on the supply, the input tax credit on the acquisition, or the adjustment, is attributable to the transition tax period only to the extent that it has not been previously attributed to one or more of those previous tax periods. For accounting on a cash basis, see Subdivision 29 ‑ B. Example: Take the example in section 159 ‑ 5 as changed in the following diagram so that you receive part of the payment for the supply in tax period A. The transition tax period is still tax period C. Under section 29 ‑ 5, the supply was to some extent attributable to tax period A, but it would have been attributable only to that tax period if you had not been accounting on a cash basis. Therefore the supply is attributable to tax period C (the transition tax period), but only to the extent that it is not attributable to tax period A. (3) This section has effect despite sections 29 ‑ 5, 29 ‑ 10 and 29 ‑ 20 (which are about attributing GST on supplies, input tax credits on acquisitions, and adjustments) and any other provisions of this Chapter.

s 159-15 — Ceasing to account on a cash basis—bad debts

(1) If: (a) the GST payable by you on a * taxable supply or the input tax credit to which you are entitled for a * creditable acquisition is attributable to a particular tax period (the transition tax period) under section 159 ‑ 5 or 159 ‑ 10; and (b) before the start of the transition tax period, the whole or part of a debt relating to the * consideration for the supply or acquisition is written off as bad; then: (c) the amount written off, and any part of that amount recovered before the start of the transition tax period, is to be treated, for the purposes of Division 21, as if at all relevant times you were not * accounting on a cash basis; and (d) any adjustment arising under Division 21 as a result is attributable to the transition tax period. (2) This section has effect despite subsections 21 ‑ 5(2) and 21 ‑ 15(2) (which preclude adjustments for bad debts when accounting on a cash basis) and section 29 ‑ 20 (which is about attributing adjustments).

s 159-20 — Starting to account on a cash basis

(1) If, at the start of a tax period, you start to * account on a cash basis, then: (a) the GST payable by you on a * taxable supply that you made; or (b) the input tax credit to which you are entitled for a * creditable acquisition; or (c) an * adjustment that you have; that was attributable to one or more previous tax periods remains attributable to those periods, and not to any other tax period. (2) This section has effect despite sections 29 ‑ 5, 29 ‑ 10 and 29 ‑ 20 (which are about attributing GST on supplies, input tax credits on acquisitions, and adjustments) and any other provisions of this Chapter.

s 159-25 — Starting to account on a cash basis—bad debts

(1) If: (a) the GST payable by you on a * taxable supply, or the input tax credit to which you are entitled for a * creditable acquisition, was attributable to a tax period during which you were not * accounting on a cash basis; and (b) at a time when you are accounting on a cash basis, the whole or part of a debt relating to the * consideration for the supply or acquisition is written off as bad; the amount written off, and any part of that amount that is recovered, is to be treated, for the purposes of Division 21, as if at all relevant times you were not accounting on a cash basis. (2) This section has effect despite subsections 21 ‑ 5(2) and 21 ‑ 15(2) (which preclude adjustments for bad debts when accounting on a cash basis).

s 159-30 — Entities ceasing to exist or coming into existence

This Division does not apply in relation to an entity ceasing to * account on a cash basis as it ceases to exist, or in relation to an entity starting to account on a cash basis as it comes into existence.

s 162-1 — What this Division is about

You may be able to elect to pay GST by instalments. If you do, GST returns are given to the Commissioner annually, and quarterly instalments of GST are paid on the basis of the Commissioner’s or your estimates of what your annual GST liability will be (followed by a reconciliation based on the annual GST return). If you can average your income for income tax purposes, you only pay the last 2 quarterly instalments. Note: In some cases, you will only pay the last 2 quarterly instalments: see section 162 ‑ 105.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-5 — Eligibility to elect to pay GST by instalments

(1) You are eligible to elect to pay GST by instalments if: (a) either: (i) you are a * small business entity (other than because of subsection 328 ‑ 110(4) of the * ITAA 1997) for the * income year in which you make your election; or (ii) you do not carry on a * business and your * GST turnover does not exceed the * instalment turnover threshold; and (b) the current tax period applying to you is not affected by: (i) an election under section 27 ‑ 10 (election of one month tax periods); or (ii) a determination under section 27 ‑ 15 (determination of one month tax periods); or (iii) a determination under section 27 ‑ 37 (special determination of tax periods on request); and (c) your * current GST lodgment record is at least 4 months; and (d) you have complied with all your obligations to give * GST returns to the Commissioner; and (e) you are not in a * net refund position; and (f) you are not a * limited registration entity. (2) The instalment turnover threshold is: (a) $2 million; or (b) such higher amount as the regulations specify. (3) You are in a net refund position if the sum of all your * assessed net amounts is less than zero, for the tax periods for which * GST returns fell due during the period referred to in the relevant item in the third column of this table. When you are in a net refund position Item If your * current GST lodgment record is… Take into account this period to work out whether you are in a net refund position: 1 at least 13 months the 12 months preceding the current tax period applying to you 2 at least 10 months, but less than 13 months the 9 months preceding that current tax period 3 at least 7 months, but less than 10 months the 6 months preceding that current tax period 4 less than 7 months the 3 months preceding that current tax period

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 30 | Sch 5 item 49 | Sch 5 item 51, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 80 of 2007, Sch 1 item 328 | Sch 2 item 30 | Sch 3 item 328, effective 21 June 2007 | Amended by No 39 of 2012, Sch 1 item 101 | Sch 4 item 6, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8) | Amended by No 52 of 2016, Sch 1 item 29 | Sch 1 item 30, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1)

s 162-10 — Your current GST lodgment record

(1) If you are not a * member of a * GST group, your current GST lodgment record is the period, immediately preceding the current tax period applying to you, that is covered by tax periods applying to you for which you have given * GST returns to the Commissioner. (2) If you are a * member of a * GST group, your current GST lodgment record is the period, immediately preceding the current tax period applying to you, that is covered by tax periods applying to you: (a) for which you have given * GST returns to the Commissioner; and (b) during which the membership of the GST group has not changed. (3) However, if you have been (but are not currently) the * representative member of a * GST group, any tax periods applying to you during which you were such a representative member are not to be counted towards your current GST lodgment record.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 39, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-15 — Electing to pay GST by instalments

(1) You may, by notifying the Commissioner in the * approved form, elect to pay GST by instalments if you are eligible under section 162 ‑ 5. (2) Your election takes effect from: (a) the start of the earliest tax period for which, on the day on which you make your election, your * GST return is not yet due; or (b) the start of such other tax period as the Commissioner allows, in accordance with a request you make in the * approved form. Note: Refusing a request to allow your election to take effect from the start of another tax period is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 60, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 129, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1))

s 162-20 — Elections by representative members of GST groups

(1) A * representative member of a * GST group cannot elect to pay GST by instalments unless each * member of the GST group is eligible under section 162 ‑ 5. (2) If the * representative member makes such an election, the * instalment tax period applying to the representative member also applies to each member. However, the members other than the representative member are not * GST instalment payers.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-25 — When you must make your election

(1) You must make your election on or before 28 October in the * financial year to which it relates. (2) However, if: (a) during the * financial year but after 28 October in that financial year, you became eligible under section 162 ‑ 5 to elect to pay GST by instalments; and (b) this subsection had not applied to you before; and (c) your * current GST lodgment record is not more than 6 months; you must make your election on or before the first day, after becoming eligible under section 162 ‑ 5, on which you would, but for this Division, be required under section 31 ‑ 8 to give a * GST return to the Commissioner. (3) The Commissioner may, in accordance with a request you make in the * approved form, allow you to make your election on a specified day occurring after the day provided for under subsection (1) or (2). Note: Refusing a request to be allowed to make an election on a specified day under this subsection is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 60, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 130, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1))

s 162-30 — Duration of your election

General rule (1) Your election ceases to have effect if: (a) you revoke it, by notifying the Commissioner in the * approved form; or (b) the Commissioner disallows it under subsection (3); or (c) in a case to which subparagraph 162 ‑ 5(1)(a)(i) applied—you are not a * small business entity of the kind referred to in that subparagraph for an * income year; or (ca) in a case to which subparagraph 162 ‑ 5(1)(a)(ii) applied—on 31 July in a * financial year, you do not satisfy the requirements of that subparagraph; or (d) during a financial year, you become a * limited registration entity; or (e) in a case where you are the * representative member of a * GST group—the membership of the GST group changes. Your election also ceases to have effect at the end of your tax period under subsection 27 ‑ 39(1), at the end of your concluding tax period under section 27 ‑ 40, or at the end of a tax period applying to you to which subsection 162 ‑ 85(1) applies. Revocation (2) A revocation of your election is taken to have had, or has, effect: (a) if you notify the Commissioner on or before 28 October in a * financial year—from the start of that financial year; or (b) if you notify the Commissioner after 28 October in a financial year—from the start of the next financial year. Disallowance (3) The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a * taxation law. Note: Disallowing your election is a reviewable GST decision (see Subdivision 110 ‑ F in Schedule 1 to the Taxation Administration Act 1953 ). (4) A disallowance of your election is taken to have had effect: (a) if the Commissioner notifies you of the disallowance during the * financial year in which your election first took effect—from the start of the tax period in which it first took effect; or (b) if the Commissioner notifies you of the disallowance on or before 28 October during a later financial year—from the start of that later financial year; or (c) if the Commissioner notifies you of the disallowance after 28 October during a later financial year—from the start of the financial year immediately following that later financial year. Not being a small business entity for an income year (5) If paragraph (1)(c) applies, your election is taken to have ceased to have effect from 1 July in the * income year referred to in that paragraph. Failing to satisfy the requirements of subparagraph 162 ‑ 5(1)(a)(ii) (5A) If paragraph (1)(ca) applies, your election is taken to have ceased to have effect from the start of the * financial year referred to in that paragraph. Becoming a limited registration entity (6) If paragraph (1)(d) applies, your election is taken to have ceased to have effect from the start of the * financial year referred to in that paragraph.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Repealed and substituted by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 73 of 2006, Sch 5 item 110 | Sch 5 item 131, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1)) | Amended by No 80 of 2007, Sch 2 item 31 | Sch 2 item 32 | Sch 2 item 33 | Sch 2 item 34, effective 21 June 2007 | Amended by No 118 of 2009, Sch 1 item 37, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent | Amended by No 85 of 2013, Sch 3 item 1 | Sch 3 item 2, effective Sch 3: 28 June 2013 (s 2(1) item 6) | Amended by No 52 of 2016, Sch 1 item 31 | Sch 1 item 32, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1)

s 162-50 — GST instalment payers

(1) You are a GST instalment payer while an election that you have made under section 162 ‑ 15 has effect. (2) You are a GST instalment payer for any * financial year for which your election has effect. (3) However, if your election has effect only for part of a * financial year, you are a GST instalment payer only for that part of that financial year.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 45, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent

s 162-55 — Tax periods for GST instalment payers

(1) The tax period that applies to you, if you are a * GST instalment payer for a * financial year, is that financial year. (2) The tax period that applies to you, if you are a * GST instalment payer only for part of a * financial year, is that part of that financial year. (3) A tax period under this section is an instalment tax period . (4) This section has effect despite sections 27 ‑ 5, 27 ‑ 10, 27 ‑ 15 and 27 ‑ 30 (which are about tax periods).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 48, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-60 — When GST returns for GST instalment payers must be given

(1) You must give your * GST return for the * instalment tax period to the Commissioner: (a) if you are required under section 161 of the * ITAA 1936 to lodge a return in relation to a year of income corresponding to, or ending during, an instalment tax period applying to you—within the period, specified in the instrument made under that section, for you to lodge as required under that section; or (b) if paragraph (a) does not apply—on or before the 28 February following the end of the instalment tax period. Note: Section 388 ‑ 55 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for giving the GST return. (2) However, in relation to an * instalment tax period that: (a) ends on 30 June 2001; or (b) would have ended on 30 June 2001 but for the application of section 27 ‑ 35; the period referred to in paragraph (1)(a) that would otherwise end after 28 February 2002 is taken to end on that day. Note: Under section 27 ‑ 35, the start or finish of a 3 month tax period could vary by up to 7 days from the start or finish of a normal quarter. (3) This section has effect despite sections 31 ‑ 8 and 31 ‑ 10 (which are about when GST returns must be given).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 64 of 2020, Sch 11 item 154, effective Sch 3 (items 146–154, 325, 326): 1 Oct 2020 (s 2(1) item 6)

s 162-65 — The form and contents of GST returns for GST instalment payers

(1) If you are a * GST instalment payer only for part of a * financial year, the * approved form for your * GST return for the * instalment tax period consisting of that part of the financial year may require that the return relate to: (a) the instalment tax period; and (b) the one or more preceding tax periods applying to you that fall within the financial year; as if they are a single tax period consisting of the whole of the financial year. (2) This section has effect in addition to, and does not limit the scope of, section 31 ‑ 15 (which is about the form and contents of GST returns).

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-70 — Payment of GST instalments

(1) If you are a * GST instalment payer, you must, for each * instalment tax period applying to you, pay to the Commissioner an amount (your GST instalment ) for each * GST instalment quarter of the instalment tax period. Note 1: GST instalments are worked out under Subdivision 162 ‑ C. Note 2: Entities covered by section 162 ‑ 80 only pay GST instalments on the last 2 GST instalment quarters. (2) These are the GST instalment quarters for an * instalment tax period: (a) the 3 months ending on 30 September during the period; (b) the 3 months ending on 31 December during the period; (c) the 3 months ending on 31 March during the period; (d) the 3 months ending on 30 June during the period. (3) However, if the * instalment tax period is only part of a * financial year, any 3 month periods referred to in subsection (2) that do not form part of the instalment tax period are not GST instalment quarters of the instalment tax period. (4) You must pay your * GST instalment to the Commissioner as follows: When GST instalments must be paid Item If the GST instalment quarter ends on this day … Pay the GST instalment to the Commissioner on or before this day: 1 30 September the following 28 October 2 31 December the following 28 February 3 31 March the following 28 April 4 30 June the following 28 July Note: Section 255 ‑ 10 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for payment of the GST instalment. (5) You may pay by * electronic payment any * GST instalments payable by you. Any amounts of a GST instalment that you do not pay by electronic payment must be paid in the manner determined in writing by the Commissioner.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 44, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-75 — Giving notices relating to GST instalments

If: (a) you are required to pay a * GST instalment; and (b) the Commissioner requires you to give a notice relating to the GST instalment; you must give the notice to the Commissioner, in the * approved form, on or before the day on which you are required to pay the GST instalment.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-80 — Certain entities pay only 2 GST instalments for each year

(1) If: (a) you are a * GST instalment payer for an * instalment tax period; and (b) subsection (2) applies to you; section 162 ‑ 70 has effect as if you are only required to pay * GST instalments for the last 2 * GST instalment quarters for the instalment tax period. (2) This subsection applies to you if: (a) both of the following conditions are satisfied: (i) you are carrying on a * primary production business in an * income year corresponding to, or ending during, the * instalment tax period; (ii) the * assessable income that was * derived from, or resulted from, a primary production business that you carried on in the * base year exceeded the amount of so much of your deductions in that year that are reasonably related to that income; or (b) both of the following conditions are satisfied: (i) you are a * special professional in an income year corresponding to, or ending during, the instalment tax period; (ii) your * assessable professional income in the base year exceeded the amount of so much of your deductions in that year that are reasonably related to that income.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-85 — A GST instalment payer’s concluding tax period

(1) If any of the following occurs: (a) a * GST instalment payer who is an individual dies; (b) a GST instalment payer ceases to * carry on any * enterprise; (c) a GST instalment payer’s * registration is cancelled; during an * instalment tax period applying to the GST instalment payer, the instalment tax period is not affected by the death, cessation or cancellation. (2) However, any requirement to pay * GST instalments for a * GST instalment quarter of the * instalment tax period does not apply if the GST instalment quarter commences after: (a) the death or cessation occurred; or (b) the cancellation took effect. (3) This section has effect despite sections 27 ‑ 40 (which is about an entity’s concluding tax period) and 162 ‑ 70. (4) However, this section does not affect the application of: (a) section 27 ‑ 39; or (b) if a * GST instalment payer for any reason ceases to exist—section 27 ‑ 40.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 118 of 2009, Sch 1 item 38, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent

s 162-90 — The effect of incapacitation or cessation

(1) If a * GST instalment payer becomes an * incapacitated entity, or for any reason ceases to exist, the GST instalment payer must give the * GST return, for the * instalment tax period that ends as a result, to the Commissioner: (a) on or before the 21st day of the month following the end of the instalment tax period; or (b) within such further period as the Commissioner allows. (2) If the * assessed net amount for the * instalment tax period is greater than zero, the * GST instalment payer must pay the assessed net amount to the Commissioner on or before the 21st day of the month following the end of the instalment tax period. (3) This section has effect despite sections 162 ‑ 60 (which is about when GST instalment payers must give GST returns) and 162 ‑ 110 (which is about when GST instalment payers must pay assessed net amounts).

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 118 of 2009, Sch 1 item 39 | Sch 1 item 40, effective Schedule 1 (items 1–10): 1 July 2000 Schedule 1 (items 12–45, 50–52, 55): Royal Assent | Amended by No 39 of 2012, Sch 1 item 102 | Sch 1 item 103 | Sch 1 item 104, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-95 — The effect of changing the membership of GST groups

(1) If you are: (a) a * GST instalment payer; and (b) a * member of a * GST group whose membership changes during an * instalment tax period applying to you; the instalment tax period ends when the membership of the GST group changes. (2) The * representative member of the * GST group must give the * GST return for the * instalment tax period to the Commissioner: (a) on or before the 21st day of the month following the end of the instalment tax period; or (b) within such further period as the Commissioner allows. (3) If the * assessed net amount for the * instalment tax period is greater than zero, the * representative member of the * GST group must pay the assessed net amount to the Commissioner on or before the 21st day of the month following the end of the instalment tax period. (4) This section has effect despite sections 162 ‑ 55 (which is about tax periods for GST instalment payers), 162 ‑ 60 (which is about when GST instalment payers must give GST returns) and 162 ‑ 110 (which is about when GST instalment payers must pay assessed net amounts).

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 105 | Sch 1 item 106 | Sch 1 item 107, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-100 — General interest charge on late payment

If you fail to pay some or all of a * GST instalment by the time by which the GST instalment is due to be paid, you are liable to pay the * general interest charge on the unpaid amount for each day in the period that: (a) started at the beginning of the day by which the GST instalment was due to be paid; and (b) finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid: (i) the GST instalment; (ii) general interest charge on any of the instalment.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-105 — Net amounts for GST instalment payers

If you are a * GST instalment payer, your * net amount for an * instalment tax period is the difference between: (a) the amount that, but for this section, would be your * net amount under section 17 ‑ 5, 123 ‑ 15 or 126 ‑ 5 for the instalment tax period; and (b) the sum of all of the * GST instalments payable by you for the * GST instalment quarters of the instalment tax period.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 28 | Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 3 item 6 | Sch 3 item 7, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-110 — When payments of assessed net amounts must be made—GST instalment payers

(1) If: (a) you are a * GST instalment payer; and (b) the * assessed net amount for an * instalment tax period applying to you is greater than zero; you must pay the assessed net amount to the Commissioner on or before the day on which, under section 162 ‑ 60, you are required to give to the Commissioner your * GST return for the instalment tax period. (2) This section has effect despite sections 33 ‑ 3 and 33 ‑ 5 (which are about when payments of assessed net amounts are made).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 108 | Sch 1 item 109 | Sch 1 item 110 | Sch 1 item 111, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-130 — What are your GST instalments

(1) If you are a * GST instalment payer, your * GST instalments for the * GST instalment quarters of an * instalment tax period applying to you are worked out under subsections (2) and (3). (2) Your * GST instalment for the first * GST instalment quarter is whichever of the following you choose: (a) your * notified instalment amount for the GST instalment quarter; or (b) your * varied instalment amount for the GST instalment quarter. (3) Your * GST instalment for any other * GST instalment quarter is: (a) if you have a * notified instalment amount for the GST instalment quarter—whichever of the following you choose: (i) your notified instalment amount for the GST instalment quarter; or (ii) your * varied instalment amount for the GST instalment quarter; or (b) if you do not have a notified instalment amount for the GST instalment quarter—whichever of the following you choose: (i) 25% of your * estimated annual GST amount relating to the preceding GST instalment quarter; or (ii) your varied instalment amount for the GST instalment quarter. Note: Subsection 162 ‑ 135(2) sets out when you will not have a notified instalment amount for a GST instalment quarter.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-135 — Notified instalment amounts

(1) Your notified instalment amount for a * GST instalment quarter is the amount that is: (a) worked out by the Commissioner; and (b) notified by the Commissioner to you before the day on which the * GST instalment is due. The amount must not be less than zero. (2) However, the Commissioner is not to work out or notify a * notified instalment amount for a * GST instalment quarter if you had a * varied instalment amount for an earlier GST instalment quarter of the same * instalment tax period.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 52, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 85 of 2013, Sch 3 item 3, effective Sch 3: 28 June 2013 (s 2(1) item 6)

s 162-140 — Varied instalment amounts

(1) You may, by notifying the Commissioner in the * approved form, substitute another amount for: (a) your * notified instalment amount for a * GST instalment quarter; or (b) if paragraph 162 ‑ 130(3)(b) applies to a GST instalment quarter—your * GST instalment for the preceding GST instalment quarter. The amount substituted is your varied instalment amount for the GST instalment quarter. (2) The amount substituted must not be less than zero. (3) You must give the notice to the Commissioner on or before the day on which the * GST instalment for the * GST instalment quarter is due. (4) You must include in the notice an estimate of your * annual GST liability relating to the * instalment tax period in question. This estimate is your estimated annual GST amount relating to the * GST instalment quarter. Note 1: You may be liable to penalty under Subdivision 162 ‑ D if your variation of the notified instalment amount is too much of an underestimate of your total GST liability. Note 2: Your estimated annual GST amount is taken to be zero if it would otherwise be less than zero (see subsection (6)). (5) However, if paragraph 162 ‑ 130(3)(b) applies to a * GST instalment quarter but you do not, under subsection (1) of this section, substitute another amount by notifying the Commissioner in the * approved form: (a) your varied instalment amount for the GST instalment quarter is 25% of your * estimated annual GST amount relating to the preceding GST instalment quarter; and (b) your estimated annual GST amount relating to the GST instalment quarter is your * estimated annual GST amount relating to the preceding GST instalment quarter. (6) Your estimated annual GST amount relating to the * GST instalment quarter is zero if, apart from this subsection, this estimate would be less than zero.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 42 | Sch 5 item 55, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 85 of 2013, Sch 3 item 4 | Sch 3 item 5 | Sch 3 item 6 | Sch 3 item 7, effective Sch 3: 28 June 2013 (s 2(1) item 6)

s 162-145 — Your annual GST liability

(1) Your annual GST liability , for an * instalment tax period that is a * financial year, is the amount that would be your * net amount for the period if it were not reduced under section 162 ‑ 105. (2) Your annual GST liability , for an * instalment tax period that is only part of a * financial year, is the sum of: (a) the amount that would be your * net amount for the period if it were not reduced under section 162 ‑ 105; and (b) your * early net amounts for the financial year (subtracting any of those amounts that are less than zero). (3) Your early net amounts for the * financial year are your * assessed net amounts for any tax periods that: (a) started, or would but for section 27 ‑ 35 have started, at the start of or during that financial year; and (b) ended before the start of the * instalment tax period applying to you that forms part of that financial year. Note: Under section 27 ‑ 35, the start or finish of a 3 month tax period could vary by up to 7 days from the start or finish of a normal quarter.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 33 | Sch 5 item 41, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 112, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-170 — What this Subdivision is about

There are 3 circumstances where a penalty can arise if a varied instalment amount is too low: (a) your payments are too low a proportion of your annual GST liability (see section 162 ‑ 175); (b) your estimated annual GST amount is too low a proportion of your annual GST liability (see section 162 ‑ 180); (c) the varied instalment amount is too low a proportion of your estimated annual GST amount (see section 162 ‑ 185). The penalty is based on the general interest charge rate, and the machinery provisions of Division 298 in Schedule 1 to the Taxation Administration Act 1953 apply. Note: This section is an explanatory section.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-175 — GST payments are less than 85% of annual GST liability

(1) You are liable to pay a penalty, for a * GST instalment quarter of an * instalment tax period applying to you, if you have a * varied instalment amount for the GST instalment quarter, and: (a) if the instalment tax period is a * financial year—the sum of your * GST instalments for all the GST instalment quarters of the instalment tax period is less than 85% of your * annual GST liability for the instalment tax period; or (b) if the instalment tax period is only part of a financial year—the sum of: (i) your * GST instalments for all the GST instalment quarters of the instalment tax period; and (ii) your * early net amounts for the financial year (subtracting any of those amounts that are less than zero); is less than 85% of your annual GST liability for the instalment tax period. (2) The amount of the penalty, for a particular day, is worked out by applying the * general interest charge: (a) for each day in the period in section 162 ‑ 190; and (b) in the way set out in subsection 8AAC(4) of the Taxation Administration Act 1953 ; to your * GST instalment shortfall, under this section, for the * GST instalment quarter. (3) Your GST instalment shortfall , under this section, for the * GST instalment quarter is the amount worked out as follows: where: GST already payable is the sum of: (a) the * varied instalment amount; and (b) all your other * GST instalments (if any) for earlier * GST instalment quarters of the * instalment tax period in question; and (c) if the instalment tax period is only part of a * financial year—your * early net amounts for the financial year (subtracting any of those amounts that are less than zero). (4) However, if: (a) the * GST instalment quarter is not the first GST instalment quarter of the * instalment tax period in question; and (b) you are liable for one or more penalties under this section in relation to any of the earlier GST instalment quarters of the instalment tax period; then: (c) your GST instalment shortfall , under this section, for the * GST instalment quarter is the difference between: (i) the amount worked out using the formula in subsection (3); and (ii) the sum of all your GST instalment shortfalls for those earlier GST instalment quarters; and (d) if that sum is greater than the amount worked out using the formula in subsection (3)—you are not liable to pay a penalty under this section in relation to the GST instalment quarter. (5) The appropriate percentage for a * GST instalment quarter is: (a) if the GST instalment quarter ends on 30 September—25%; or (b) if the GST instalment quarter ends on 31 December—50%; or (c) if the GST instalment quarter ends on 31 March—75%; or (d) if the GST instalment quarter ends on 30 June—100%.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 35 | Sch 5 item 47, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-180 — Estimated annual GST amount is less than 85% of annual GST liability

(1) You are liable to pay a penalty, for a * GST instalment quarter of an * instalment tax period applying to you, if: (a) you have a * varied instalment amount for the GST instalment quarter; and (b) you are not liable to pay a penalty, for the GST instalment quarter, under section 162 ‑ 175; and (c) your * estimated annual GST amount relating to the GST instalment quarter is less than: (i) 85% of your * annual GST liability for the instalment tax period; or (ii) if the GST instalment quarter ends on 30 September 2001—75% of your * annual GST liability for the instalment tax period; and (d) the varied instalment amount is less than or equal to 25% of your annual GST liability for the instalment tax period. (2) The amount of the penalty, for a particular day, is worked out by applying the * general interest charge: (a) for each day in the period in section 162 ‑ 190; and (b) in the way set out in subsection 8AAC(4) of the Taxation Administration Act 1953 ; to your * GST instalment shortfall, under this section, for the * GST instalment quarter. (3) Your GST instalment shortfall , under this section, for the * GST instalment quarter is the amount worked out as follows: (4) However, if: (a) the * GST instalment quarter is not the first GST instalment quarter of the * instalment tax period in question; and (b) you are liable for one or more penalties under this section in relation to any of the earlier GST instalment quarters of the instalment tax period; then: (c) your GST instalment shortfall , under this section, for the * GST instalment quarter is the difference between: (i) the amount worked out using the formula in subsection (3); and (ii) the sum of all your GST instalment shortfalls for those earlier GST instalment quarters; and (d) if that sum is greater than the amount worked out using the formula in subsection (3)—you are not liable to pay a penalty under this section in relation to the GST instalment quarter. (5) For the purpose of working out your * GST instalment shortfall under this section, your * estimated annual GST amount relating to the * GST instalment quarter is taken to be the amount worked out as follows, if the amount is less than that estimated annual GST amount: where: GST already payable is the sum of: (a) the * varied instalment amount in question; and (b) all your other * GST instalments (if any) for earlier * GST instalment quarters of the * instalment tax period in question; and (c) if the instalment tax period is only part of a * financial year—your * early net amounts for the financial year (subtracting any of those amounts that are less than zero).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 47, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-185 — Shortfall in GST instalments worked out on the basis of estimated annual GST amount

(1) You are liable to pay a penalty, for a * GST instalment quarter of an * instalment tax period applying to you, if: (a) you have a * varied instalment amount for the GST instalment quarter; and (b) you are not liable to pay a penalty, for the GST instalment quarter, under section 162 ‑ 175 or 162 ‑ 180; and (c) the amount worked out by multiplying your * estimated annual GST amount relating to the GST instalment quarter by the * appropriate percentage for the GST instalment quarter exceeds the sum of: (i) the varied instalment amount; and (ii) all your other * GST instalments (if any) for earlier GST instalment quarters of the * instalment tax period in question; and (iii) if the instalment tax period is only part of a * financial year—your * early net amounts for the financial year (subtracting any of those amounts that are less than zero). (2) The amount of the penalty, for a particular day, is worked out by applying the * general interest charge: (a) for each day in the period in section 162 ‑ 190; and (b) in the way set out in subsection 8AAC(4) of the Taxation Administration Act 1953 ; to your * GST instalment shortfall, under this section, for the * GST instalment quarter. (3) Your GST instalment shortfall , under this section, for the * GST instalment quarter is the amount of the excess referred to in paragraph (1)(c).

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162 | Sch 5 item 47, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-190 — Periods for which penalty is payable

You are liable to pay the penalty under this Subdivision for each day in the period that: (a) started at the beginning of the day by which the * GST instalment, for the * GST instalment quarter to which the charge relates, was due to be paid; and (b) finishes at the end of the day before which you must, under section 162 ‑ 110, pay to the Commissioner your * assessed net amount for the * instalment tax period that includes that GST instalment quarter.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 113, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-195 — Reduction in penalties if notified instalment amount is less than 25% of annual GST liability

(1) This section reduces your * GST instalment shortfall, for a * GST instalment quarter of an * instalment tax period applying to you, if: (a) you are liable to pay a penalty under section 162 ‑ 175 or 162 ‑ 180 for a * GST instalment quarter of an * instalment tax period applying to you; and (b) for that or any other GST instalment quarter of an * instalment tax period: (i) you have a * notified instalment amount that is less than 25% of your * annual GST liability for the instalment tax period; or (ii) you do not have a notified instalment amount, but the Commissioner is satisfied that, if you had such a notified instalment amount, it would be less than 25% of your annual GST liability for the instalment tax period. (2) The * GST instalment shortfall is reduced by the amount worked out as follows: where: notified and other amounts is the sum of: (a) the * notified instalment amount, or, if you do not have a notified instalment amount for the * GST instalment quarter, the amount that the Commissioner is satisfied would have otherwise been that notified instalment amount; and (b) for each of the earlier GST instalment quarters (if any) of the * instalment tax period in question: (i) the notified instalment amount; or (ii) if you do not have a notified instalment amount for the * GST instalment quarter—the amount that the Commissioner is satisfied would have otherwise been that notified instalment amount; and (c) if the instalment tax period is only part of a * financial year—your * early net amounts for the financial year (subtracting any of those amounts that are less than zero). (3) If, because of the reduction, your * GST instalment shortfall for the * GST instalment quarter is zero or less than zero, you are not liable to pay a penalty under section 162 ‑ 175 or 162 ‑ 180 (as the case requires) in relation to the GST instalment quarter. (4) If both this section and section 162 ‑ 200 apply to a particular * GST instalment shortfall, apply this section to the shortfall before applying section 162 ‑ 200.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 47, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 162-200 — Reduction in penalties if GST instalment shortfall is made up in a later instalment

(1) This section reduces your * GST instalment shortfall, for a * GST instalment quarter of an * instalment tax period applying to you, if: (a) you pay to the Commissioner a * GST instalment for a later GST instalment quarter of the instalment tax period; and (b) that GST instalment exceeds 25% of your * annual GST liability for the instalment tax period. The amount of that excess is called the top up . (2) The * GST instalment shortfall is reduced by applying so much of the top up as does not exceed the GST instalment shortfall. (3) However, if some of the top up has already been applied (under any other application or applications of this section) to reduce a * GST instalment shortfall for a different * GST instalment quarter of the * instalment tax period, the GST instalment shortfall is reduced by applying so much of the top up as has not already been applied, and does not exceed the GST instalment shortfall. (4) The reduction under subsection (2) has effect for each day in the period that: (a) started at the beginning of the day on which you paid the * GST instalment for the later * GST instalment quarter; and (b) finishes at the end of the day before which you must, under section 162 ‑ 110, pay to the Commissioner your * assessed net amount for the * instalment tax period.

Amendment history: Inserted by No 73 of 2001, Sch 5 item 162, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 39 of 2012, Sch 1 item 114, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 162-205 — This Subdivision does not create a liability for general interest charge

For the avoidance of doubt, this Subdivision does not have the effect of making you liable to pay the * general interest charge.

Amendment history: Inserted by No 73 of 2001, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent

s 165-1 — What this Division is about

The object of this Division is to deter schemes to give entities benefits by reducing GST, increasing refunds or altering the timing of payment of GST or refunds. If the dominant purpose or principal effect of a scheme is to give an entity such a benefit, the Commissioner may negate the benefit an entity gets from the scheme by declaring how much GST or refund would have been payable, and when it would have been payable, apart from the scheme. This Division is aimed at artificial or contrived schemes. It is not, for example, intended to apply to: • an exporter electing to have monthly tax periods in order to bring forward the entitlement to input tax credits; or • a supplier of child care applying to be approved under the A New Tax System (Family Assistance) (Administration) Act 1999 (this would make the supplies of child care GST ‑ free); or • a supplier choosing under section 9 ‑ 25 of the Wine Tax Act to use the average wholesale price method for working out the taxable value of retail sales of grape wine; or • a bank having its car fleet serviced earlier than usual, and before 1 July 2000, so that the servicing does not, at least initially, bear the GST.

Amendment history: Amended by No 156 of 2000, Sch 1 item 13, effective Sch 1 (items 1–16, 18), Sch 2 (items 1–12, 25), Sch 3, Sch 4, Sch 5 (items 1–3, 18(1)), and Sch 6 (items 1–40, 49(1), (2)): 21 Dec 2000 (s 2(1)) Sch 7 (items 1–7): 1 July 2000 (s 2(3)) | Amended by No 39 of 2012, Sch 4 item 7, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 165-5 — When does this Division operate?

General rule (1) This Division operates if: (a) an entity (the avoider ) gets or got a * GST benefit from a * scheme; and (b) the GST benefit is not attributable to the making, by any entity, of a choice, election, application or agreement that is expressly provided for by the * GST law, the * wine tax law or the * luxury car tax law; and (c) taking account of the matters described in section 165 ‑ 15, it is reasonable to conclude that either: (i) an entity that (whether alone or with others) entered into or carried out the scheme, or part of the scheme, did so with the sole or dominant purpose of that entity or another entity getting a * GST benefit from the scheme; or (ii) the principal effect of the scheme, or of part of the scheme, is that the avoider gets the GST benefit from the scheme directly or indirectly; and (d) the scheme: (i) is a scheme that has been or is entered into on or after 2 December 1998; or (ii) is a scheme that has been or is carried out or commenced on or after that day (other than a scheme that was entered into before that day). Territorial application (2) It does not matter whether the * scheme, or any part of the scheme, was entered into or carried out inside or outside Australia. Creating circumstances or states of affairs (3) A * GST benefit that the avoider gets or got from a * scheme is not taken, for the purposes of paragraph (1)(b), to be attributable to a choice, election, application or agreement of a kind referred to in that paragraph if: (a) the scheme, or part of the scheme, was entered into or carried out for the sole or dominant purpose of creating a circumstance or state of affairs; and (b) the existence of the circumstance or state of affairs is necessary to enable the choice, election, application or agreement to be made.

Amendment history: Amended by No 145 of 2008, Sch 1 item 11, effective Schedule 1 (items 1–13): Royal Assent

s 165-10 — When does an entity get a GST benefit from a scheme?

(1) An entity gets a GST benefit from a * scheme if: (a) an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, smaller than it would be apart from the scheme or a part of the scheme; or (b) an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, larger than it would be apart from the scheme or a part of the scheme; or (c) all or part of an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, payable later than it would have been apart from the scheme or a part of the scheme; or (d) all or part of an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, payable earlier than it would have been apart from the scheme or a part of the scheme; or (e) each of the following applies: (i) the entity is the * recipient of a * supply that is not * connected with the indirect tax zone; (ii) apart from the scheme or a part of the scheme, the supply would be, or could reasonably be expected to be, connected with the indirect tax zone solely because of Subdivision 84 ‑ C; (iii) an amount that is payable, in relation to the supply, by another entity under this Act apart from this Division is, or could reasonably be expected to be, smaller than it would be apart from the scheme or a part of the scheme; (iv) the amount by which that amount is smaller is not, or could not reasonably be expected to be, equal to the amount of any decrease in the amount of any input tax credit to which the recipient is entitled in relation to the acquisition of the thing supplied. What is a scheme ? (2) A scheme is: (a) any arrangement, agreement, understanding, promise or undertaking: (i) whether it is express or implied; and (ii) whether or not it is, or is intended to be, enforceable by legal proceedings; or (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise. GST benefit can arise even if no economic alternative (3) An entity can get a * GST benefit from a * scheme even if the entity or entities that entered into or carried out the scheme, or a part of the scheme, could not have engaged economically in any activities: (a) of the kind to which this Act applies; and (b) that would produce an effect equivalent (except in terms of this Act) to the effect of the scheme or part of the scheme; other than the activities involved in entering into or carrying out the scheme or part of the scheme.

Amendment history: Amended by No 77 of 2017, Sch 1 item 53, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 165-15 — Matters to be considered in determining purpose or effect

(1) The following matters are to be taken into account under section 165 ‑ 5 in considering an entity’s purpose in entering into or carrying out the * scheme from which the avoider got a * GST benefit, and the effect of the scheme: (a) the manner in which the scheme was entered into or carried out; (b) the form and substance of the scheme, including: (i) the legal rights and obligations involved in the scheme; and (ii) the economic and commercial substance of the scheme; (c) the purpose or object of this Act, the Customs Act 1901 (so far as it is relevant to this Act) and any relevant provision of this Act or that Act (whether the purpose or object is stated expressly or not); (d) the timing of the scheme; (e) the period over which the scheme was entered into and carried out; (f) the effect that this Act would have in relation to the scheme apart from this Division; (g) any change in the avoider’s financial position that has resulted, or may reasonably be expected to result, from the scheme; (h) any change that has resulted, or may reasonably be expected to result, from the scheme in the financial position of an entity (a connected entity ) that has or had a connection or dealing with the avoider, whether the connection or dealing is or was of a family, business or other nature; (i) any other consequence for the avoider or a connected entity of the scheme having been entered into or carried out; (j) the nature of the connection between the avoider and a connected entity, including the question whether the dealing is or was at arm’s length; (k) the circumstances surrounding the scheme; (l) any other relevant circumstances. (2) Subsection (1) applies in relation to consideration of an entity’s purpose in entering into or carrying out a part of a * scheme from which the avoider gets or got a * GST benefit, and the effect of part of the scheme, as if the part were itself the * scheme from which the avoider gets or got the GST benefit.

s 165-40 — Commissioner may make declaration for purpose of negating avoider’s GST benefits

(1) For the purpose of negating a * GST benefit the avoider mentioned in section 165 ‑ 5 gets or got from the * scheme, the Commissioner may make a declaration stating either or both of the following: (a) the amount that is (and has been at all times) the avoider’s * net amount for a specified tax period that has ended; (b) the amount that is (and has been at all times) the amount of GST on a specified * taxable importation that was made (or is stated in the declaration to have been made) by the avoider. (2) The Commissioner must take such action as he or she considers necessary to give effect to a declaration made under this section.

Amendment history: Amended by No 73 of 2006, Sch 5 item 105 | Sch 5 item 110 | Sch 5 item 132, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1)) | Amended by No 39 of 2012, Sch 1 item 350 | Sch 1 item 115 | Sch 1 item 116 | Sch 1 item 117 | Sch 1 item 118 | Sch 1 item 119 | Sch 1 item 209, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 165-45 — Commissioner may reduce an entity’s net amount or GST to compensate

(1) This section operates if: (a) the Commissioner has made a declaration under subsection 165 ‑ 40(1) to negate the * GST benefit an entity gets or got from a * scheme; and (b) the Commissioner considers that another entity (the loser ) gets or got a * GST disadvantage from the scheme; and (c) the Commissioner considers that it is fair and reasonable that the loser’s GST disadvantage be negated or reduced. (2) An entity gets a GST disadvantage from a * scheme if: (a) an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, larger than it would have been apart from the scheme or a part of the scheme; or (b) an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, smaller than it would have been apart from the scheme or a part of the scheme; or (c) all or part of an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, payable earlier than it would have been apart from the scheme or a part of the scheme; or (d) all or part of an amount that is payable to the entity under this Act apart from this Division is, or could reasonably expected to be, payable later than it would have been apart from the scheme or a part of the scheme. (3) For the purposes of negating or reducing the loser’s * GST disadvantage from the * scheme, the Commissioner may make a declaration (under this section) stating either or both of the following: (a) the amount that is (and has been at all times) the loser’s * net amount for a specified tax period that has ended; (b) the amount that is (and has been at all times) the amount of GST on a specified * taxable importation that was made (or is stated in the declaration to have been made) by the loser. (4) An amount stated in a declaration as the loser’s * net amount or the amount of GST on a * taxable importation must not be less than the net amount or amount of GST (as appropriate) would have been apart from the * scheme, or part of the scheme, and the declaration. (5) An entity may give the Commissioner a written request to make a declaration under this section relating to the entity. The Commissioner must decide whether or not to grant the request, and give the entity notice of the Commissioner’s decision.

Amendment history: Amended by No 73 of 2006, Sch 5 item 105 | Sch 5 item 110 | Sch 5 item 133 | Sch 5 item 134, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1)) | Amended by No 39 of 2012, Sch 1 item 155 | Sch 1 item 119 | Sch 1 item 120 | Sch 1 item 121, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 165-50 — Declaration has effect according to its terms

For the purpose of making an * assessment, a statement in a declaration under this Subdivision has effect according to its terms, despite the provisions of this Act outside of this Division.

Amendment history: Repealed and substituted by No 39 of 2012, Sch 1 item 122, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 165-55 — Commissioner may disregard scheme in making declarations

For the purposes of making a declaration under this Subdivision, the Commissioner may: (a) treat a particular event that actually happened as not having happened; and (b) treat a particular event that did not actually happen as having happened and, if appropriate, treat the event as: (i) having happened at a particular time; and (ii) having involved particular action by a particular entity; and (c) treat a particular event that actually happened as: (i) having happened at a time different from the time it actually happened; or (ii) having involved particular action by a particular entity (whether or not the event actually involved any action by that entity).

s 165-60 — One declaration may cover several tax periods and importations

To avoid doubt, statements relating to different tax periods and different * taxable importations may be included in a single declaration under this Subdivision.

s 165-65 — Commissioner must give copy of declaration to entity affected

(1) The Commissioner must give a copy of a declaration under this Subdivision to the entity whose * net amount or GST liability is stated in the declaration. (2) A failure to comply with subsection (1) does not affect the validity of the declaration.

s 168-1 — What this Division is about

If you take goods overseas as accompanied baggage, or you are a resident of an external Territory and send goods home, you may be entitled to a refund of the GST that was payable on the supply of the goods to you.

Amendment history: Amended by No 20 of 2010, Sch 2 item 5, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 168-5 — Tourist refund scheme

Exporting goods as accompanied baggage (1) If: (a) you make an acquisition of goods the supply of which to you is a * taxable supply; and (b) the acquisition is of a kind specified in the regulations; and (c) you leave the indirect tax zone, and export the goods from the indirect tax zone as accompanied baggage, in the circumstances specified in the regulations; the Commissioner must, on behalf of the Commonwealth, pay to you an amount equal to: (d) the amount of the GST payable on the taxable supply; or (e) such proportion of that amount of GST as is specified in the regulations. Resident of external Territory sending goods home (1A) If: (a) you make an acquisition of goods the supply of which to you is a * taxable supply; and (b) the acquisition is of a kind specified in the regulations; and (c) at the time of the acquisition, you are an individual to whom one of the following subparagraphs applies: (i) you reside in an external Territory; (ii) your domicile is in an external Territory; (iii) you have actually been in an external Territory, continuously or intermittently, during more than half of the last 12 months; and (d) at the time of the acquisition, you are not * registered or * required to be registered; and (e) you leave the indirect tax zone, and export the goods to the external Territory: (i) in circumstances not covered by paragraph (1)(c); and (ii) in circumstances specified in the regulations; the Commissioner must, on behalf of the Commonwealth, pay to you an amount equal to: (f) the amount of the GST payable on the taxable supply; or (g) such proportion of that amount of GST as is specified in the regulations. Paying the refund (2) An amount payable under this section is payable within the period and in the manner specified in the regulations. You may be found not to be a resident of an external Territory (3) Subparagraph (1A)(c)(ii) does not apply to you if the Commissioner is satisfied that your permanent place of abode is outside that external Territory. (4) Subparagraph (1A)(c)(iii) does not apply to you if the Commissioner is satisfied: (a) that your usual place of abode is outside that external Territory; and (b) that you do not intend to take up residence in that Territory.

Amendment history: Amended by No 20 of 2010, Sch 2 item 1 | Sch 2 item 2 | Sch 2 item 3 | Sch 2 item 4 | Sch 2 item 6 | Sch 2 item 7 | Sch 2 item 8 | Sch 2 item 9 | Sch 2 item 10 | Sch 2 item 168 | Sch 2 item 14, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010 | Amended by No 2 of 2015, Sch 4 item 1936, effective Sch 2 (items 21, 73): 1 July 2015 (s 2(1) item 4) Sch 4 (items 24–31, 79): 25 Feb 2015 (s 2(1) item 6)

s 168-10 — Supplies later found to be GST ‑ free supplies

(1) If: (a) you are paid an amount under subsection 168 ‑ 5(1A) for a supply; and (b) the supply is or becomes a * GST ‑ free supply; you become liable to repay the amount (the recoverable amount ) to the Commonwealth on the later of the following days (the due day ): (c) the day you were paid the recoverable amount; (d) the day the supply becomes a GST ‑ free supply. (2) You are liable to pay general interest charge on the whole, or any part, of the recoverable amount that remains unpaid after the due day for each day in the period that: (a) starts on the due day; and (b) finishes at the end of the last day at the end of which any of the following remains unpaid: (i) the recoverable amount; (ii) general interest charge on any of the recoverable amount.

Amendment history: Inserted by No 20 of 2010, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 171-1 — What this Division is about

Security or undertakings can be required under the Customs Act 1901 before a temporary import is permitted. In these cases, this Division delays the requirement to pay assessed GST on the importation.

Amendment history: Amended by No 39 of 2012, Sch 1 item 123, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 171-5 — Security or undertaking given under section 162 or 162A of the Customs Act

(1) An amount of * assessed GST on a * taxable importation of goods is not payable if: (a) a security or undertaking described in section 162 of the Customs Act 1901 has been given; and (b) the provisions of the regulations mentioned in paragraph 162(3)(a) of that Act are complied with; and (c) either: (i) the goods are exported within the relevant period mentioned in paragraph 162(3)(b) of that Act; or (ii) one or more of the circumstances or conditions specified in the regulations mentioned in paragraph 162(3)(b) of that Act apply in relation to the goods. Note: Section 162 of the Customs Act 1901 allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation. (1A) An amount of * assessed GST on a * taxable importation of goods is not payable if: (a) a security or undertaking described in section 162A of the Customs Act 1901 has been given; and (b) the goods are not dealt with in contravention of regulations made for the purposes of that section; and (c) one or more of the following applies: (i) the goods are exported within the relevant period mentioned in paragraph 162A(5)(b) of that Act; (ii) if the goods are described in subsection 162A(5A) of that Act—the goods are exported before the end of the relevant day mentioned in paragraph 162A(5A)(b) of that Act; (iii) one or more of the circumstances or conditions specified in the regulations mentioned in paragraph 162A(5)(b) of that Act apply in relation to the goods. Note: Section 162A of the Customs Act 1901 allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation. (2) This section has effect despite section 33 ‑ 15 (which is about payments of amounts of assessed GST on importations).

Amendment history: Amended by No 176 of 1999, Sch 1 item 122 | Sch 2 item 12 | Sch 2 item 29, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 156 of 2000, Sch 2 item 10 | Sch 2 item 11, effective Sch 1 (items 1–16, 18), Sch 2 (items 1–12, 25), Sch 3, Sch 4, Sch 5 (items 1–3, 18(1)), and Sch 6 (items 1–40, 49(1), (2)): 21 Dec 2000 (s 2(1)) Sch 7 (items 1–7): 1 July 2000 (s 2(3)) | Amended by No 39 of 2012, Sch 1 item 124 | Sch 1 item 125 | Sch 1 item 126 | Sch 1 item 127 | Sch 1 item 128, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8)

s 176-1 — Endorsement by Commissioner as charity

(1) The Commissioner must endorse an entity as a charity if: (a) the entity is entitled to be endorsed as a charity (see subsection (2)); and (b) the entity has applied for that endorsement in accordance with Division 426 in Schedule 1 to the Taxation Administration Act 1953 . (2) An entity is entitled to be endorsed as a charity if the entity: (a) is an * ACNC ‑ registered charity; and (b) has an * ABN.

Amendment history: Inserted by No 95 of 2004, effective Schedule 10 (items 4–17, 42, 44(1), (2)): 1 July 2005 | Repealed and substituted by No 169 of 2012, Sch 2 item 124 | Sch 2 item 125 | Sch 2 item 129 | Sch 2 item 131 | Sch 2 item 134, effective Sch 2 (items 25, 69–130): 3 Dec 2012 (s 2(1) item 3)

s 177-1 — Commonwealth etc. not liable to pay GST

(1) The Commonwealth and * untaxable Commonwealth entities are not liable to pay GST payable under this Act. However, it is the Parliament’s intention that the Commonwealth and untaxable Commonwealth entities should: (a) be notionally liable to pay GST payable under this Act; and (b) be notionally entitled to input tax credits arising under this Act; and (c) notionally have * adjustments arising under this Act. (2) The * Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth or an * untaxable Commonwealth entity. (2A) The directions given under subsection (2) may also take account of the provisions of the A New Tax System (Goods and Services Tax Transition) Act 1999 . (3) Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law. (4) If the Commonwealth or an * untaxable Commonwealth entity is notionally liable to pay GST for a supply made to another entity (other than the Commonwealth or an untaxable Commonwealth entity), the * GST law applies in relation to the other entity as if: (a) the supply were a * taxable supply to that entity; and (b) the amount of GST for which the Commonwealth or an untaxable Commonwealth entity is notionally liable for the supply is treated as the amount of GST payable for the supply. (5) Untaxable Commonwealth entity means a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that cannot be made liable to taxation by a law of the Commonwealth.

Amendment history: Amended by No 176 of 1999, Sch 1 item 123, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 58 of 2006, Sch 7 item 6 | Sch 7 item 7 | Sch 7 item 8 | Sch 7 item 9 | Sch 7 item 10 | Sch 7 item 11 | Sch 7 item 15 | Sch 7 item 23 | Sch 7 item 29, effective Schedule 7 (items 2–15, 220–226): Royal Assent | Amended by No 36 of 2015, Sch 5 item 2, effective Sch 5 (items 2, 3, 74–77) and Sch 7: 14 Apr 2015 (s 2)

s 177-3 — Acquisitions from State or Territory bodies where GST liability is notional

If: (a) an * Australian government agency, other than the Commonwealth or an * untaxable Commonwealth entity, makes a supply to another entity; and (b) the agency is not liable for GST on the supply, but an amount relating to the agency’s notional liability for GST on the supply is included in the * consideration for the supply; the * GST law applies in relation to the other entity as if: (c) the supply were a * taxable supply to that entity; and (d) the amount of GST for which the agency is notionally liable on the supply is the amount of GST payable on the supply.

Amendment history: Amended by No 58 of 2006, Sch 7 item 12, effective Schedule 7 (items 2–15, 220–226): Royal Assent

s 177-5 — Cancellation of exemptions from GST

(1) This section cancels the effect of a provision of another Act that would have the effect of exempting a person from liability to pay GST payable under this Act. (2) The cancellation does not apply if the provision of the other Act: (a) commences after this section commences; and (b) refers specifically to GST payable under this Act.

s 177-10 — Ministerial determinations

(1) The * Aged Care Minister may, by legislative instrument, make a determination for the purposes of: (b) paragraph 38 ‑ 25(2)(b); or (c) paragraph 38 ‑ 25(3)(b); or (ca) paragraph 38 ‑ 25(3B)(a); or (d) paragraph 38 ‑ 30(4)(b). (2) The * Child Care Minister may, by legislative instrument, make a determination for the purposes of section 38 ‑ 150. (3) The * Student Assistance Minister may, by legislative instrument, make a determination under: (a) paragraphs (a) and (b) of the definition of adult and community education course in the Dictionary; or (b) paragraph (b) of the definition of primary course in the Dictionary; or (c) paragraph (b) of the definition of secondary course in the Dictionary; or (d) paragraph (b) of the definition of tertiary course in the Dictionary. (4) The * Health Minister may, by legislative instrument, make a determination for the purposes of: (a) paragraph 38 ‑ 15(c); or (b) subsection 38 ‑ 47(1); or (c) paragraph 38 ‑ 50(5)(b). (5) The * Disability Services Minister may, by legislative instrument, make a determination for the purposes of paragraph 38 ‑ 38(d). (6) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to determinations made under subsection (5) of this section.

Amendment history: Amended by No 176 of 1999, Sch 1 item 124, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 143 of 2004, effective 14 Dec 2004 | Amended by No 58 of 2006, Sch 7 item 222 | Sch 7 item 223 | Sch 7 item 224 | Sch 7 item 225 | Sch 7 item 226, effective Schedule 7 (items 2–15, 220–226): Royal Assent | Amended by No 124 of 2013, Sch 9 item 2, effective Sch 9: 29 June 2013 (s 2(1) item 10) | Amended by No 126 of 2015, Sch 1 item 22, effective Sch 1 (items 20–23): 5 Mar 2015 (s 2(1) item 2) | Amended by No 15 of 2017, Sch 4 item 9, effective Sch 4 (items 9–18): 1 Apr 2017 (s 2(1) item 8) | Amended by No 22 of 2017, Sch 3 item 8, effective Sch 2 (items 1, 2): 2 July 2018 (s 2(1) item 2) Sch 3 (items 7, 8) and Sch 4: 5 Apr 2017 (s 2(1) items 3–5)

s 177-11 — Delegation by Aged Care System Governor

The *Aged Care System Governor may, in writing, delegate his or her powers under paragraph 38 ‑ 25(3B)(b) to: (a) a person in relation to whom there is in force a delegation by the Aged Care System Governor of functions under D ivision 1 of Part 3 of Chapter 8 of the Aged Care Act 2024 ; or (b) a person: (i) who is a person of a kind specified in a determination that is in force and that is made by the * Aged Care Minister for the purposes of paragraph 38 ‑ 25(3B)(a); and (ii) whom the Aged Care System Governor is satisfied is qualified and experienced to make assessments of the kind referred to in paragraph 38 ‑ 25(3B)(b).

Amendment history: Inserted by No 143 of 2004, effective 14 Dec 2004 | Amended by No 45 of 2025, Sch 3 item 68 | Sch 3 item 69 | Sch 3 item 70, effective sch 3 (items 54 ‑ 79): 1 Nov 2025 (s 2(1) item 6)

s 177-12 — GST implications of references to price, value etc. in other Acts

(1) In any Act, unless the contrary intention appears, a reference to a * price relating to a supply, or proposed supply, is taken to include the * net GST (if any) that is, or would be, payable by an entity making the supply. (2) Subsection (1) applies in relation to: (a) any fee or charge made, or required to be made; or (b) any * consideration provided, or required to be provided; for or in connection with the supply in the same way that it applies to a * price relating to a supply. (3) In any Act, unless the contrary intention appears, a reference to the value relating to a thing is taken not to include the GST (if any) that would be payable if an entity were to make a supply of the thing. (4) This section does not apply to: (a) this Act; or (b) the * ITAA 1997; or (c) the * Wine Tax Act; or (d) the A New Tax System (Luxury Car Tax) Act 1999 ; or (e) Schedule 1 to the Taxation Administration Act 1953 ; or (f) the Income Tax Assessment Act 1936 ; or (g) the Fringe Benefits Tax Assessment Act 1986 ; or (h) the Petroleum Resource Rent Tax Assessment Act 1987 .

Amendment history: Inserted by No 177 of 1999, Sch 6 item 23, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 12 of 2012, Sch 6 item 70, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012 | Amended by No 14 of 2012, Sch 3 item 2, effective Sch 3 (item 2): 1 July 2012 (s 2(1) item 5) | Amended by No 39 of 2012, Sch 4 item 8, effective Sch 1 (items 3–5, 31–129, 224–226, 239–241), Sch 2 (items 1, 2) and Sch 3 (items 1–7): 1 July 2012 (s 2(1) items 2, 7) Sch 1 (items 242–245, 264): 1 Jan 2017 (s 2(1) item 3) Sch 4 (items 1–13): 15 Apr 2012 (s 2(1) item 8) | Amended by No 96 of 2014, Sch 1 item 7 | Sch 1 item 8, effective Sch 1 (items 7, 8, 122–124): 30 Sept 2014 (s 2(1) item 2 and F2014L01256)

s 177-15 — Regulations

The Governor ‑ General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

s 177-20 — Review of provisions relating to offshore supplies of low value goods

(1) By the day after this section commences, the Productivity Minister must, under Part 3 of the Productivity Commission Act 1998 , refer to the Productivity Commission for inquiry the matter of the amendments to this Act made by the amending Act, including: (a) the effectiveness of the amendments; and (b) whether models for collecting goods and services tax in relation to * offshore supplies of low value goods other than the amendments might be suitable (including evaluation of the effects of the models on Australian small businesses and * consumers); and (c) any other aspect the Productivity Commission considers relevant to the implementation of the amendments. (2) In referring the matter to the Productivity Commission for inquiry, the Productivity Minister must: (a) under paragraph 11(1)(a) of the Productivity Commission Act 1998 , require the Productivity Commission to hold hearings for the purposes of the inquiry; and (b) under paragraph 11(1)(b) of that Act, specify the period ending on 31 October 2017 as the period within which the Productivity Commission must submit its report on the inquiry; and (c) under paragraph 11(1)(d) of that Act, require the Productivity Commission to make recommendations in relation to the matter referred to in subsection (1). Note: Under section 12 of the Productivity Commission Act 1998 , the Productivity Minister must cause a copy of the Productivity Commission’s report to be tabled in each House of the Parliament. (3) The Productivity Minister must not withdraw the reference before the Productivity Minister has received the report. (4) For the purposes of paragraph 6(1)(a) of the Productivity Commission Act 1998 , the matter mentioned in subsection (1) is taken to be a matter relating to industry, industry development and productivity. (5) In this section: amending Act means the Treasury Laws Amendment (GST Low Value Goods) Act 2017 . Productivity Minister means the Minister administering the Productivity Commission Act 1998 .

Amendment history: Inserted by No 77 of 2017, effective Sch 1 (items 1–60, 65, 66): 1 July 2017 (s 2(1) item 1)

s 182-1 — What forms part of this Act

(1) These all form part of this Act:  the headings to the Chapters, Parts, Divisions and Subdivisions of this Act;  * explanatory sections;  the headings to the sections and subsections of this Act;  the headings for groups of sections of this Act (group headings);  the notes and examples (however described) that follow provisions of this Act. (2) The asterisks used to identify defined terms form part of this Act. However, if a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.

s 182-5 — What does not form part of this Act

These do not form part of this Act:  footnotes and endnotes;  Tables of Subdivisions.

s 182-10 — Explanatory sections, and their role in interpreting this Act

(1) An explanatory section is: (a) any section that is the first section in a Division and that has as its heading “What this Division is about”; or (b) any section in Chapter 1 (other than sections 1 ‑ 1 and 1 ‑ 2); or (c) any section in Division 5 or 37; or (d) any section that is the last section in a Division or Subdivision of Chapter 2 and that has a checklist of special rules in Chapter 4; or (e) any section that a note states to be an explanatory section. (2) Explanatory sections form part of this Act, but they are not operative provisions. In interpreting an operative provision, an explanatory section may only be considered: (a) in determining the purpose or object underlying the provision; or (b) to confirm that the provision’s meaning is the ordinary meaning conveyed by its text, taking into account its context in this Act and the purpose or object underlying the provision; or (c) in determining the provision’s meaning if the provision is ambiguous or obscure; or (d) in determining the provision’s meaning if the ordinary meaning conveyed by its text, taking into account its context in this Act and the purpose or object underlying the provision, leads to a result that is manifestly absurd or is unreasonable.

s 182-15 — Schedules 1, 2 and 3

The second columns of the tables in Schedules 1, 2 and 3 are not operative. In interpreting an item in those tables, or any other operative provision, those columns may only be considered for a purpose for which an * explanatory section may be considered under subsection 182 ‑ 10(2).

Amendment history: Amended by No 176 of 1999, Sch 1 item 125 | Sch 1 item 126 | Sch 1 item 168, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 184-1 — Entities

(1) Entity means any of the following: (a) an individual; (b) a body corporate; (c) a corporation sole; (d) a body politic; (e) a * partnership; (f) any other unincorporated association or body of persons; (g) a trust; (h) a * superannuation fund. Note: The term entity is used in a number of different but related senses. It covers all kinds of legal persons. It also covers groups of legal persons, and other things, that in practice are treated as having a separate identity in the same way as a legal person does. (1A) Paragraph (1)(f) does not include a * non ‑ entity joint venture. (2) The trustee of a trust or of a * superannuation fund is taken to be an entity consisting of the person who is the trustee, or the persons who are the trustees, at any given time. Note 1: This is because a right or obligation cannot be conferred or imposed on an entity that is not a legal person. Note 2: The entity that is the trustee of a trust or fund does not change merely because of a change in the person who is the trustee of the trust or fund, or persons who are the trustees of the trust or fund. (3) A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different entity. Example: In addition to his or her personal capacity, an individual may be:  sole trustee of one or more trusts; and  one of a number of trustees of a further trust. In his or her personal capacity, he or she is one entity. As trustee of each trust, he or she is a different entity. The trustees of the further trust are a different entity again, of which the individual is a member. (4) If a provision refers to an entity of a particular kind, it refers to the entity in its capacity as that kind of entity, not to that entity in any other capacity. Example: A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee. Note: For GST purposes, non ‑ profit sub ‑ entities are treated as entities (see Division 63), and government entities can be treated as entities (see Division 149).

Amendment history: Amended by No 177 of 1999, Sch 6 item 117, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 92 of 2000, Sch 7 item 20, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 4 of 2007, Sch 2 item 25, effective Schedule 2 (item 25): Royal Assent | Amended by No 19 of 2010, Sch 1 item 14 | Sch 1 item 15, effective Schedule 1 (items 14, 15): Royal Assent

s 184-5 — Supplies etc. by partnerships and other unincorporated bodies

(1) For the avoidance of doubt, a supply, acquisition or importation made by or on behalf of a partner of a * partnership in his or her capacity as a partner: (a) is taken to be a supply, acquisition or importation made by the partnership; and (b) is not taken to be a supply, acquisition or importation made by that partner or any other partner of the partnership. Note: Section 444 ‑ 30 in Schedule 1 to the Taxation Administration Act 1953 deals with the liability of partners for the obligations imposed on a partnership under the GST law. (2) For the avoidance of doubt, a supply, acquisition or importation made by or on behalf of one or more members of the committee of management of an unincorporated association or body of persons (other than a * partnership), in their capacity as members of that committee: (a) is taken to be a supply, acquisition or importation made by the body; and (b) is not taken to be a supply, acquisition or importation made by any members of the association or body. Note: Section 444 ‑ 5 in Schedule 1 to the Taxation Administration Act 1953 deals with the liability of members of committees of management for the obligations imposed on an unincorporated association or body of persons under the GST law.

Amendment history: Inserted by No 177 of 1999, effective Sch 1 (items 1–162): 1 July 2000 (s 2(2)) | Amended by No 73 of 2006, Sch 5 item 135 | Sch 5 item 136, effective Schedule 5 (items 2, 3, 65–137): 1 July 2006 ( see s. 2(1))

s 188-1 — What this Division is about

In some important respects, the way that this Act applies to you depends on your GST turnover. There are several turnover thresholds, and whether your GST turnover meets a particular turnover threshold, or whether it does not exceed a particular turnover threshold , can determine how this Act applies to you.

Amendment history: Amended by No 80 of 2007, Sch 2 item 36, effective 21 June 2007

s 188-5 — Explanation of the turnover thresholds

This table specifies the turnover thresholds and indicates how they affect the operation of this Act. Turnover thresholds Item This turnover threshold ... Is relevant to working out: 1 Registration turnover threshold whether you are required to be registered (see section 23 ‑ 5). 2 Tax period turnover threshold whether tax periods must be monthly (see section 27 ‑ 15). 3 Cash accounting turnover threshold whether you can elect to account on a cash basis (see section 29 ‑ 40) 4 Electronic lodgment turnover threshold whether you must lodge GST returns electronically (see section 31 ‑ 25); whether you must pay amounts of GST electronically (see section 33 ‑ 10). 4AA Small enterprise turnover threshold whether you can choose to apply a simplified accounting method as a small enterprise entity (see section 123 ‑ 7) 4A Annual apportionment turnover threshold whether you can make an annual apportionment election (see subsection 131 ‑ 5(2)) 5 Instalment turnover threshold whether you can elect to pay GST by instalments (see subsection 162 ‑ 5(2)) Note 1: The provisions referred to in the table indicate if the issue in relation to the turnover threshold in question is whether the threshold is met, or whether the threshold is not exceeded. Note 2: Items 3, 4A and 5 of the table apply to you only if you do not carry on a business. Note 3: This section is an explanatory section.

Amendment history: Amended by No 73 of 2001, Sch 5 item 30, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 80 of 2007, Sch 2 item 37, effective 21 June 2007 | Amended by No 112 of 2007, Sch 1 item 14, effective 28 June 2007

s 188-10 — Whether your GST turnover meets, or does not exceed, a turnover threshold

(1) You have a GST turnover that meets a particular * turnover threshold if: (a) your * current GST turnover is at or above the turnover threshold, and the Commissioner is not satisfied that your * projected GST turnover is below the turnover threshold; or (b) your projected GST turnover is at or above the turnover threshold. (2) You have a GST turnover that does not exceed a particular * turnover threshold if: (a) your * current GST turnover is at or below the turnover threshold, and the Commissioner is not satisfied that your * projected GST turnover is above the turnover threshold; or (b) your projected GST turnover is at or below the turnover threshold. (3) Each of these is a turnover threshold : (aaa) the * annual apportionment turnover threshold; (aa) the * cash accounting turnover threshold; (a) the * electronic lodgment turnover threshold; (ab) the * instalment turnover threshold; (b) the * registration turnover threshold; (ba) the * small enterprise turnover threshold; (c) the * tax period turnover threshold.

Amendment history: Amended by No 73 of 2001, Sch 5 item 31 | Sch 5 item 32, effective Schedule 1 (items 69–78): 23 May 2001 Schedule 2 (items 48–52): 1 Jan 2001 Schedule 3 (items 34–36): 1 Apr 2001 Remainder: Royal Assent | Amended by No 134 of 2004, effective Schedule 3 (items 1–4): 13 Dec 2004 (s 2(1) item 4) Remainder: Royal Assent | Amended by No 80 of 2007, Sch 2 item 38 | Sch 2 item 39 | Sch 2 item 41 | Sch 2 item 56 | Sch 2 item 60, effective 21 June 2007 | Amended by No 112 of 2007, Sch 1 item 15, effective 28 June 2007

s 188-15 — Current GST turnover

General (1) Your current GST turnover at a time during a particular month is the sum of the * values of all the supplies that you have made, or are likely to make, during the 12 months ending at the end of that month, other than: (a) supplies that are * input taxed; or (b) supplies that are not for * consideration (and are not * taxable supplies under section 72 ‑ 5); or (c) supplies that are not made in connection with an * enterprise that you * carry on. Members of GST groups (2) If you are a * member of a * GST group, your current GST turnover at a time during a particular month is the sum of the * values of all the supplies that you or any other member of the group have made, or are likely to make, during the 12 months, other than: (a) supplies made from one member of the group to another member of the group; or (b) supplies that are * input taxed; or (c) supplies that are not for * consideration (and are not * taxable supplies under section 72 ‑ 5); or (d) supplies that are not made in connection with an * enterprise that you * carry on. Supplies that are disregarded (3) In working out your current GST turnover , disregard: (a) any supply that is not * connected with the indirect tax zone; and (b) any supply that is connected with the indirect tax zone because of paragraph 9 ‑ 25(5)(c), unless: (i) the supply is made to an * Australian consumer; and (ii) the supply is not * GST ‑ free; and (iii) the thing to be acquired under the right or option referred to in that paragraph is not goods or * real property; and (d) any * GST ‑ free supply made by a * non ‑ resident that does not make the supply through an * enterprise that the non ‑ resident * carries on in the indirect tax zone.

Amendment history: Amended by No 176 of 1999, Sch 1 item 128, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 77 of 2005, Sch 3 item 4A | Sch 3 item 16B | Sch 3 item 16C, effective 29 June 2005 | Amended by No 80 of 2007, Sch 2 item 43 | Sch 2 item 55, effective 21 June 2007 | Amended by No 2 of 2015, Sch 4 item 1936, effective Sch 2 (items 21, 73): 1 July 2015 (s 2(1) item 4) Sch 4 (items 24–31, 79): 25 Feb 2015 (s 2(1) item 6) | Amended by No 52 of 2016, Sch 1 item 7, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1) | Amended by No 65 of 2019, effective Sch 2: 1 Oct 2019 (s 2(1) item 2)

s 188-20 — Projected GST turnover

General (1) Your projected GST turnover at a time during a particular month is the sum of the * values of all the supplies that you have made, or are likely to make, during that month and the next 11 months, other than: (a) supplies that are * input taxed; or (b) supplies that are not for * consideration (and are not * taxable supplies under section 72 ‑ 5); or (c) supplies that are not made in connection with an * enterprise that you * carry on. Members of GST groups (2) If you are a * member of a * GST group, your projected GST turnover at a time during a particular month is the sum of the * values of all the supplies that you or any other member of the group have made, or are likely to make, during that month and the next 11 months other than: (a) supplies made from one member of the group to another member of the group; or (b) supplies that are * input taxed; or (c) supplies that are not for * consideration (and are not * taxable supplies under section 72 ‑ 5); or (d) supplies that are not made in connection with an * enterprise that you * carry on. Supplies that are disregarded (3) In working out your projected GST turnover , disregard: (a) any supply that is not * connected with the indirect tax zone; and (b) any supply that is connected with the indirect tax zone because of paragraph 9 ‑ 25(5)(c), unless: (i) the supply is made to an * Australian consumer; and (ii) the supply is not * GST ‑ free; and (iii) the thing to be acquired under the right or option referred to in that paragraph is not goods or * real property; and (d) any * GST ‑ free supply made by a * non ‑ resident that does not make the supply through an * enterprise that the non ‑ resident * carries on in the indirect tax zone.

Amendment history: Amended by No 176 of 1999, Sch 1 item 129 | Sch 1 item 130, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 77 of 2005, Sch 3 item 16D, effective 29 June 2005 | Amended by No 80 of 2007, Sch 2 item 45 | Sch 2 item 58, effective 21 June 2007 | Amended by No 2 of 2015, Sch 4 item 1936, effective Sch 2 (items 21, 73): 1 July 2015 (s 2(1) item 4) Sch 4 (items 24–31, 79): 25 Feb 2015 (s 2(1) item 6) | Amended by No 52 of 2016, Sch 1 item 8, effective Sch 1 (items 1–8, 10–36, 38, 39) and Sch 2 (items 1–17, 18–27): 1 July 2016 (s 2(1) item 1) | Amended by No 65 of 2019, effective Sch 2: 1 Oct 2019 (s 2(1) item 2)

s 188-22 — Settlements of insurance claims to be disregarded

In working out your * current GST turnover or your * projected GST turnover, disregard any supply that you have made to the extent that the * consideration for the supply: (a) is a payment of * money or * digital currency, or a supply, by an insurer in settlement of a claim under an * insurance policy; or (aa) is a * CTP dual premium or election payment or supply, a * CTP hybrid payment or supply or a * CTP compensation or ancillary payment or supply; or (b) is a payment of money, or a supply, by an * HIH rescue entity in the circumstances referred to in subsection 78 ‑ 120(1). Note: Under Subdivision 78 ‑ B, your settlements of insurance claims can be treated as constituting supplies by insured entities.

Amendment history: Inserted by No 176 of 1999, Sch 1 item 139, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 169 of 2001, Sch 5 item 11, effective s 4 and Sch 5 (items 9A–14): 1 Oct 2001 (s 2(1), (4A)) | Amended by No 57 of 2002, effective Sch 12 (item 57): 1 Oct 2001 (s 2(1) item 57) | Amended by No 67 of 2003, Sch 11 item 19, effective Schedule 11 (items 1–41, 43): Royal Assent | Amended by No 80 of 2007, Sch 2 item 47 | Sch 2 item 55, effective 21 June 2007 | Amended by No 118 of 2017, Sch 1 item 25, effective Sch 1: 1 July 2017 (s 2(1) item 2)

s 188-23 — Supplies “reverse charged” under Division 83 or 86 not to be included in a recipient’s GST turnover

To avoid doubt, if the GST on a * taxable supply is, under Division 83 or 86, payable by the * recipient of the supply, that supply is disregarded in working out the * current GST turnover or the * projected GST turnover of the recipient.

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 80 of 2007, Sch 2 item 48 | Sch 2 item 49, effective 21 June 2007 | Amended by No 76 of 2017, Sch 1 item 7 | Sch 1 item 8, effective 27 June 2017 (s 2(1) item 1)

s 188-24 — Supplies to which Subdivision 153 ‑ B applies

(1) In working out your * current GST turnover or your * projected GST turnover, you may choose to treat the * value of any * taxable supply that, under subsection 153 ‑ 55(1), you are taken to make as an intermediary as being an amount equal to the difference between: (a) what is, apart from this section, the value of the supply; and (b) the value of the taxable supply that, under subsection 153 ‑ 55(2), is taken to be made to you in relation to the taxable supply that you are taken to make. (2) In working out your * current GST turnover or your * projected GST turnover, you may choose to treat the * value of any * taxable supply that, under subsection 153 ‑ 60(2), you are taken to make as an intermediary as being an amount equal to the difference between: (a) what is, apart from this section, the value of the supply; and (b) 10 / 11 of the * consideration you provided or are liable to provide for the * creditable acquisition that, under subsection 153 ‑ 60(1), you are taken to make and that relates to that supply.

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 80 of 2007, effective 21 June 2007 | Amended by No 20 of 2010, effective Schedule 1 (items 1–13, 19), Schedule 3 (items 1–29, 31), Schedule 4, Schedule 5 (items 1–3) and Schedule 6: Royal Assent Schedule 2 (items 1–11, 23(1)): 1 July 2010

s 188-25 — Transfer of capital assets, and termination etc. of enterprise, to be disregarded

In working out your * projected GST turnover, disregard: (a) any supply made, or likely to be made, by you by way of transfer of ownership of a capital asset of yours; and (b) any supply made, or likely to be made, by you solely as a consequence of: (i) ceasing to carry on an * enterprise; or (ii) substantially and permanently reducing the size or scale of an enterprise.

Amendment history: Amended by No 80 of 2007, Sch 2 item 51, effective 21 June 2007

s 188-30 — The value of non ‑ taxable supplies

For the purposes only of this Division, the value of a supply that is not a * taxable supply is taken to be 11 / 10 of what would be the * value of the supply if it were a taxable supply. For the basic rules on the value of taxable supplies, see Subdivision 9 ‑ C.

Amendment history: Repealed and substituted by No 176 of 1999, Sch 1 item 131, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b))

s 188-32 — The value of gambling supplies

For the purposes only of this Division, the value of all the * gambling supplies that an entity makes during a particular period is taken to be an amount equal to 11 times: (a) the entity’s * global GST amount for that period; or (b) if that period is not a tax period—what would have been the entity’s global GST amount for the period if that period had been a tax period.

Amendment history: Inserted by No 92 of 2000, Sch 11 item 13, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 188-35 — The value of loans

To the extent that a supply is constituted by a loan of * money or * digital currency, any repayment of the principal, and any obligation to repay the principal, is to be disregarded in working out the value of the supply.

Amendment history: Inserted by No 176 of 1999, Sch 1 item 165, effective Sch 1 (items 1–168) and Sch 7 (items 9–16): 1 July 2000 (s 2(2), (5), (14)(b)) | Amended by No 118 of 2017, Sch 1 item 26, effective Sch 1: 1 July 2017 (s 2(1) item 2)

s 188-40 — Supplies of employee services by overseas entities to be disregarded for the registration turnover threshold

(1) In working out a * non ‑ resident’s * current GST turnover or * projected GST turnover in order to determine whether it meets the * registration turnover threshold, if: (a) the non ‑ resident makes a supply of the services of an employee of the non ‑ resident; and (b) the * recipient of the supply is the non ‑ resident’s * 100% subsidiary; and (c) the services that the employee performs for the recipient are performed in the indirect tax zone; disregard the supply to the extent that the payments that the non ‑ resident makes to the employee for performing those services would, if they were made by the recipient, be * withholding payments. (2) This section does not affect how to work out any * turnover threshold other than the * registration turnover threshold.

Amendment history: Inserted by No 156 of 2000, effective Sch 1 (items 1–16, 18), Sch 2 (items 1–12, 25), Sch 3, Sch 4, Sch 5 (items 1–3, 18(1)), and Sch 6 (items 1–40, 49(1), (2)): 21 Dec 2000 (s 2(1)) Sch 7 (items 1–7): 1 July 2000 (s 2(3)) | Amended by No 80 of 2007, Sch 2 item 52, effective 21 June 2007 | Amended by No 2 of 2015, Sch 4 item 1936, effective Sch 2 (items 21, 73): 1 July 2015 (s 2(1) item 4) Sch 4 (items 24–31, 79): 25 Feb 2015 (s 2(1) item 6)

s 189-1 — What this Division is about

You can be entitled to input tax credits for your acquisitions relating to financial supplies (even though financial supplies are input taxed) if you do not exceed the financial acquisitions threshold.

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 189-5 — Exceeding the financial acquisitions threshold—current acquisitions

General (1) You exceed the financial acquisitions threshold at a time during a particular month if, assuming that all the * financial acquisitions you have made, or are likely to make, during the 12 months ending at the end of that month were made solely for a * creditable purpose, either or both of the following would apply: (a) the amount of all the input tax credits to which you would be entitled for those acquisitions would exceed $150,000 or such other amount specified in the regulations; (b) the amount of the input tax credits referred to in paragraph (a) would be more than 10% of the total amount of the input tax credits to which you would be entitled for all your acquisitions and importations during that 12 months (including the financial acquisitions). Members of GST groups (2) If you are a * member of a * GST group, you exceed the financial acquisitions threshold at a time during a particular month if, assuming that all the * financial acquisitions you or any other member of the group have made, or are likely to make, during the 12 months ending at the end of that month were made solely for a * creditable purpose, either or both of the following would apply: (a) the amount of all the input tax credits to which you or any other member of the group would be entitled for those acquisitions would exceed $150,000 or such other amount specified in the regulations; (b) the amount of the input tax credits referred to in paragraph (a) would be more than 10% of the total amount of the input tax credits to which you or any other member of the group would be entitled for all acquisitions and importations of any member of the group during that 12 months (including the financial acquisitions).

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 12 of 2012, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012

s 189-10 — Exceeding the financial acquisitions threshold—future acquisitions

General (1) You exceed the financial acquisitions threshold at a time during a particular month if, assuming that all the * financial acquisitions you have made, or are likely to make, during that month and the next 11 months were made solely for a * creditable purpose, either or both of the following would apply: (a) the amount of all the input tax credits to which you would be entitled for those acquisitions would exceed $150,000 or such other amount specified in the regulations; (b) the amount of the input tax credits referred to in paragraph (a) would be more than 10% of the total amount of the input tax credits to which you would be entitled for all your acquisitions and importations during those months (including the financial acquisitions). Members of GST groups (2) If you are a * member of a * GST group, you exceed the financial acquisitions threshold at a time during a particular month if, assuming that all the * financial acquisitions you or any other member of the group have made, or are likely to make, during that month and the next 11 months were made solely for a * creditable purpose, either or both of the following would apply: (a) the amount of all the input tax credits to which you or any other member of the group would be entitled for those acquisitions would exceed $150,000 or such other amount specified in the regulations; (b) the amount of the input tax credits referred to in paragraph (a) would be more than 10% of the total amount of the input tax credits to which you or any other member of the group would be entitled for all acquisitions and importations of any member of the group during those months (including the financial acquisitions).

Amendment history: Inserted by No 92 of 2000, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1)) | Amended by No 12 of 2012, effective Schedule 3: 1 July 2012 Schedule 4 and Schedule 6 (items 68–73, 184): Royal Assent Schedule 6 (items 97–105): 22 Mar 2012

s 189-15 — Meaning of financial acquisition

A financial acquisition is an acquisition that relates to the making of a * financial supply (other than a financial supply consisting of a borrowing).

Amendment history: Inserted by No 92 of 2000, Sch 5 item 10, effective Sch 1 (items 1–9), Sch 2, Sch 3, Sch 4 (items 1–9), Sch 5, Sch 6 (items 1–6), Sch 7 (items 4–25), Sch 8 (items 1–5), Sch 9 (items 1–11) and Sch 11 (items 3–13): 1 July 2000 (s 2(1))

s 190-1 — 90% owned groups

Two companies are members of the same 90% owned group if: (a) one of the companies has * at least a 90% stake in the other company; or (b) a third company has * at least a 90% stake in each of the two companies.

s 190-5 — When a company has at least a 90% stake in another company

A * company (the holding company ) has at least a 90% stake in another company (the subsidiary company ) if the holding company: (a) controls, or is able to control, at least 90% of the voting power in the subsidiary company (whether directly, or indirectly through one or more interposed companies); and (b) has the right to receive (whether directly, or indirectly through one or more interposed companies) at least 90% of any * dividends that the subsidiary company may pay; and (c) has the right to receive (whether directly, or indirectly through one or more interposed companies) at least 90% of any distribution of capital of the subsidiary company.