Document ID: chunk:federal_register_of_legislation:C2025C00126:section:7:p13
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 7 (pt 13/63)
Character Range: 275814–278412

special rules is set out in Part 2‑8.
Note 2: This section is an explanatory section.

45‑5  The effect of special rules
  The provisions of this Chapter override the provisions of Chapter 2 (except section 29‑25), but only to the extent of any inconsistency.

Part 4‑1—Special rules mainly about particular ways entities are organised
Note: The special rules in this Part mainly modify the operation of Part 2‑2 so far as that Part deals with liability for GST and entitlement to input tax credits, but the special rules also affect other aspects of Part 2‑2 and the other Parts of Chapter 2.

Division 48—GST groups

Table of Subdivisions
48‑A Formation and membership of GST groups
48‑B Consequences of GST groups
48‑C Administrative matters
48‑D Ceasing to be a member of a GST group

48‑1  What this Division is about
      Companies within a 90% owned group, and in some cases other entities (such as non‑profit bodies), can form a GST group. One member of the group then deals with all the GST liabilities and entitlements (except for GST on most taxable importations) of the group, and (in most cases) intra‑group transactions are excluded from the GST.
Note: Provisions for members of GST groups apply for the wine equalisation tax (see Subdivision 21‑B of the Wine Tax Act) and the luxury car tax (see Subdivision 16‑A of the A New Tax System (Luxury Car Tax) Act 1999).

Subdivision 48‑A—Formation and membership of GST groups

48‑5  Formation of GST groups
 (1) Two or more entities may form a *GST group if:
 (a) each of the entities *satisfies the membership requirements of the group; and
 (b) each of the entities agrees in writing to the formation of the group; and
 (c) one of those entities notifies the Commissioner, in the *approved form, of the formation of the group; and
 (d) that entity is nominated, in that notice, to be the *representative member of the group; and
 (e) that entity is an *Australian resident.
A group of entities that is so formed is a GST group.
 (2) If 2 or more entities would *satisfy the membership requirements for the *GST group, the group need not include all those entities.
 (3) The formation of the *GST group takes effect from the start of the day specified in the notice under paragraph (1)(c) (whether that day is before, on or after the day on which the entities decided to form the group).
 (4) However, if the notice was given to the Commissioner after the day by which the entity nominated to be the *representative member of the group is required to give to the Commissioner a *GST return for the tax period in which the day specified