Document ID: chunk:federal_register_of_legislation:C2025C00126:section:3:p8
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 3 (pt 8/9)
Character Range: 421871–424282

the margin scheme, you may have an increasing adjustment: see section 75‑22.
 (3) A supply is ineligible for the margin scheme if:
 (a) it is a *taxable supply on which the GST was worked out without applying the *margin scheme; or
 (b) it is a supply of a thing you acquired by *inheriting it from a deceased person, and the deceased person had acquired all of it through a supply that was ineligible for the margin scheme; or
 (c) it is a supply in relation to which all of the following apply:
 (i) you were a *member of a *GST group at the time you acquired the interest, unit or lease in question;
 (ii) the entity from whom you acquired it was a member of the GST group at that time;
 (iii) the last supply of the interest, unit or lease by an entity who was not (at the time of that supply) a member of the GST group to an entity who was (at that time) such a member was a supply that was ineligible for the margin scheme; or
 (d) it is a supply in relation to which both of the following apply:
 (i) you acquired the interest, unit or lease from the *joint venture operator of a *GST joint venture at a time when you were a *participant in the joint venture;
 (ii) the joint venture operator had acquired the interest, unit or lease through a supply that was ineligible for the margin scheme; or
 (e) it is a supply in relation to which all of the following apply:
 (i) you acquired the interest, unit or lease from an entity as, or as part of, a *supply of a going concern to you that was *GST‑free under Subdivision 38‑J;
 (ii) the entity was *registered or *required to be registered, at the time of the acquisition;
 (iii) the entity had acquired the entire interest, unit or lease through a taxable supply on which the GST was worked out without applying the margin scheme; or
 (f) it is a supply in relation to which all of the following apply:
 (i) you acquired the interest, unit or lease from an entity as, or as part of, a supply to you that was GST‑free under Subdivision 38‑O;
 (ii) the entity was registered or required to be registered, at the time of the acquisition;
 (iii) the entity had acquired the entire interest, unit or lease through a taxable supply on which the GST was worked out without applying the margin scheme; or
 (g) it is a supply in relation to which all of the following apply:
 (i) you acquired the interest, unit or lease from an entity who was your *associate, and