Document ID: chunk:federal_register_of_legislation:C2012C00932:clause:1_8:p3
Version: federal_register_of_legislation:C2012C00932
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 3/4)
Character Range: 11331–13993

a representative of the incapacitated entity.

Incapacitated entity not liable to pay GST etc.
 (5) An *incapacitated entity or, if the incapacitated entity is a *member of a *GST group, the *representative member of that group:
 (a) is not liable to pay the GST on a *taxable supply or a *taxable importation to the extent that a *representative of the incapacitated entity is liable under this section to pay the GST on the supply or importation; and
 (b) is not entitled to the input tax credit for a *creditable acquisition or a *creditable importation to the extent that a representative of the incapacitated entity is entitled under this section to the input tax credit for the acquisition or importation; and
 (c) does not have an *adjustment to the extent that a representative of the incapacitated entity has the adjustment under this section.

Other
 (6) This section has effect despite sections 9‑40, 11‑20, 13‑15, 15‑15, 83‑5 and 84‑10 and subsections 48‑40(1), 48‑45(1) and 48‑50(1) (which are about who is liable for GST, and who is entitled to input tax credits).

58‑15  Adjustments for bad debts
 (1) For the purposes of determining whether an *adjustment arises under section 21‑5 or 21‑15 for the whole or a part of a debt relating to a *taxable supply or *creditable acquisition for which a *representative of an *incapacitated entity is liable to pay GST, or is entitled to an input tax credit, under section 58‑10:
 (a) the adjustment cannot arise if, when the whole or part of the debt is written off, or has been *overdue for 12 months, the representative *accounts on a cash basis; but
 (b) it does not matter whether the incapacitated entity accounts on a cash basis at that or any other time.
 (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).

58‑40  Effect on attribution rules of not accounting on a cash basis
 (1) If:
 (a) a *representative of an *incapacitated entity does not *account on a cash basis; and
 (b) because of section 58‑10, all or part of the amount of GST payable on a *taxable supply is payable by the representative, or the representative is entitled to all or part of the input tax credit for a *creditable acquisition;
then, to the extent that, but for this section, the GST or input tax credit would be attributable to a tax period that ended before the representative became a representative of the incapacitated entity, the GST or input tax credit is instead attributable to the first tax period applying to the representative in that capacity.
 (2) This section has effect despite sections 29‑5 and 29‑10 (which