Document ID: chunk:federal_register_of_legislation:C2025C00126:section:5:p19
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 5 (pt 19/33)
Character Range: 578275–581162

to be registered;
the value of the taxable supply is the*GST exclusive market value of the supply.
 (2) This section has effect despite section 9‑75 (which is about the value of taxable supplies).

90‑15  Acquisitions not creditable—amalgamated company registered or required to be registered
 (1) An acquisition made by an *amalgamated company from an *amalgamating company in the course of *amalgamation is not a *creditable acquisition if, immediately after the amalgamation, the amalgamated company is *registered or *required to be registered.
 (2) This section has effect despite section 11‑5 (which is about what is a creditable acquisition).

90‑20  Liability after amalgamation for GST on amalgamating company's supplies
 (1) An *amalgamated company must pay the GST payable on a *taxable supply if:
 (a) apart from the*amalgamation, the GST would have been payable by any of the *amalgamating companies; and
 (b) the GST was not attributable, before the amalgamation, to a tax period applying to the amalgamating company.
 (2) This section has effect despite section 9‑40 (which is about liability for GST).

90‑25  Entitlement after amalgamation to input tax credits for amalgamating company's acquisitions
 (1) An *amalgamated company is entitled to the input tax credit for a *creditable acquisition if:
 (a) apart from the*amalgamation, any of the *amalgamating companies would have been entitled to the input tax credit; and
 (b) the input tax credit was not attributable, before the amalgamation, to a tax period applying to the amalgamating company.
 (2) This section has effect despite section 11‑20 (which is about who is entitled to input tax credits).

90‑30  Adjustments
 (1) An *amalgamated company has an *adjustment if:
 (a) apart from the*amalgamation, any of the *amalgamating companies would have had the adjustment; and
 (b) the adjustment was not attributable, before the amalgamation, to a tax period applying to the amalgamating company.
 (2) This section has effect despite section 17‑10 (which is about the effect of adjustments on net amounts).

90‑35  Amalgamating companies accounting on a cash basis
 (1) If:
 (a) immediately before *amalgamation, an *amalgamating company *accounted on a cash basis; and
 (b) GST payable by the company on a *taxable supply, an input tax credit to which the company was entitled for a *creditable acquisition, or an *adjustment that the company had, was not attributable, before the amalgamation, to any of the tax periods applying to the company; and
 (c) the GST, input tax credit or adjustment would have been attributable to such a tax period if the company had not accounted on a cash basis during that period; and
 (d) immediately after the amalgamation, the *amalgamated company does not account on a cash basis;
the GST, input tax credit or adjustment (as the case requires) is attributable to the first tax