Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_64
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 64
Character Range: 194479–196098

64  At the end of Part 4‑2
Add:

Division 113—PAYG voluntary agreements

113‑1  What this Division is about

      A supply is not a taxable supply if:

                (a) an amount must be withheld from payment for the supply because of section 12‑55 in Schedule 1 to the Taxation Administration Act 1953 (about voluntary agreements to withhold); and
                (b) the acquisition of the thing supplied would be a creditable acquisition if the supply were a taxable supply.

113‑5  Supply of work or services not a taxable supply

 (1) A supply that you make is not a *taxable supply to the extent that you make it under an arrangement (within the meaning of the Income Tax Assessment Act 1997) if:
 (a) the arrangement the performance of which, in whole or in part, involves the performance of work or services (whether or not by you); and
 (b) an agreement is in force that:
 (i) complies with section 12‑55 in Schedule 1 to the Taxation Administration Act 1953 (about voluntary agreements to withhold); and
 (ii) states that the section covers payments under the arrangement, or payments under a series of arrangements that includes the arrangement; and
 (c) you, and the entity acquiring what you supply under the arrangement, are parties to that agreement; and
 (d) you have an *ABN that is in force and is quoted in the agreement; and
 (e) the acquisition, by that entity, of what you supply under the arrangement would be a *creditable acquisition (and not *partly creditable) if the supply were a *taxable supply.

 (2) This section has effect despite section 9‑5 (about what is a taxable supply.)