Document ID: chunk:federal_register_of_legislation:C2025C00126:section:7:p48
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 7 (pt 48/63)
Character Range: 361095–363831

were given the *GST return, it would reveal a liability to pay an amount to the Commissioner under the *GST law; and
 (c) the availability of books and records that would make it possible to prepare the GST return; and
 (d) the likelihood that the cost to the *representative of preparing the GST return would be covered by the incapacitated entity's assets without resulting in an unreasonable impact on the other creditors of the incapacitated entity.
 (5) The *incapacitated entity is taken to have complied with Division 31 in relation to giving a *GST return for a tax period if the *representative gives to the Commissioner a return for the tax period in accordance with this section.
 (6) A direction under paragraph (1)(b) is not a legislative instrument.
 (7) This section has effect despite section 31‑5 (which is about who must give GST returns).

58‑55  Incapacitated entities not required to give GST returns in some cases
 (1) An *incapacitated entity is not required to give a *GST return for a tax period if:
 (a) the entity's *net amount for the tax period is zero; and
 (b) the entity does not have an *increasing adjustment that is attributable to the tax period; and
 (c) the entity is not liable for GST that is attributable to the tax period.
 (2) This section has effect despite section 31‑5 (which is about who must give GST returns).

58‑60  Representative to notify Commissioner of certain liabilities etc.
 (1) A *representative of an *incapacitated entity must notify the Commissioner, in the *approved form, of an amount of GST for which the entity is liable, or an *increasing adjustment that the entity has, if:
 (a) the representative becomes aware, or could reasonably be expected to have become aware, of the amount of GST, or the adjustment; and
 (b) the amount of GST, or the adjustment, has not been taken into account in any *GST return that has been given to the Commissioner; and
 (c) the Commissioner has not been previously notified of the amount of GST, or the adjustment, under this section.
Note: Section 286‑75 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for breach of this subsection.
 (2) The notification must be given to the Commissioner before the day on which the *representative declares a dividend to unsecured creditors of the *incapacitated entity.
 (3) This section does not apply if the *representative is a representative of a kind that does not have the capacity to declare dividends to unsecured creditors of the *incapacitated entity.
 (4) This section does not apply in circumstances determined by the Commissioner under subsection (5).
 (5) The Commissioner may, by legislative instrument, determine circumstances in which this