Document ID: chunk:federal_register_of_legislation:C2025C00126:clause:3_16:p26
Version: federal_register_of_legislation:C2025C00126
Segment Type: clause
Provision Reference: sch 3 cl 16 (pt 26/58)
Character Range: 703833–706615

the copy; or
 (b) if you become aware of the *adjustment before the copy is requested—within 28 days, or such other number of days as the Commissioner determines under subsection (4) or (6), after becoming aware of the adjustment.
 (3) Subsection (2) does not apply to an *adjustment of an amount that does not exceed the amount provided for under subsection 29‑80(2).
 (4) The Commissioner may determine in writing that paragraph (2)(b) has effect, in relation to a particular document, as if the number of days referred to in that paragraph is the number of days specified in the determination.
 (5) A determination made under subsection (4) is not a legislative instrument.
 (6) The Commissioner may determine, by legislative instrument, circumstances in which paragraph (2)(b) has effect, in relation to those circumstances, as if the number of days referred to in that paragraph is the number of days specified in the determination.
 (7) A determination made under subsection (4) has effect despite any determination made under subsection (6).

134‑25  Adjustment events do not arise
  To avoid doubt, a payment that gives rise to an *adjustment under this Division cannot give rise to an *adjustment event.

134‑30  Application of sections 48‑55 and 49‑50
 (1) For the purposes of working out whether you have an adjustment under this Division, disregard sections 48‑55 and 49‑50.
 (2) However, this section does not affect the application of sections 48‑55 and 49‑50 for the purposes of working out the amount of an adjustment under this Division.
Note: Sections 48‑55 and 49‑50 require GST groups and GST religious groups to be treated as single entities for the purposes of adjustments.

Division 135—Supplies of going concerns

135‑1  What this Division is about
      The recipient of a supply of a going concern has an increasing adjustment to take into account the proportion (if any) of supplies that will be made in running the concern and that will not be taxable supplies or GST‑free supplies. Later adjustments are needed if this proportion changes over time.

135‑5  Initial adjustments for supplies of going concerns
 (1) You have an increasing adjustment if:
 (a) you are the *recipient of a *supply of a going concern, or a supply that is *GST‑free under section 38‑480; and
 (b) you intend that some or all of the supplies made through the *enterprise to which the supply relates will be supplies that are neither *taxable supplies nor *GST‑free supplies.
 (2) The amount of the increasing adjustment is as follows:

where:
proportion of non‑creditable use is the proportion of all the supplies made through the *enterprise that you intend will be supplies that are neither *taxable supplies nor *GST‑free supplies, expressed as a percentage worked out on the