Document ID: chunk:federal_register_of_legislation:C2025C00126:clause:3_16:p33
Version: federal_register_of_legislation:C2025C00126
Segment Type: clause
Provision Reference: sch 3 cl 16 (pt 33/58)
Character Range: 721383–724164

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).

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.

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