A New Tax System (Goods and Services Tax) Act. Australia
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Название: A New Tax System (Goods and Services Tax) Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081721

isbn:

СКАЧАТЬ

      11

      thing

      12

      supply

      13

      you

      3-10 Identifying the defined term in a definition

      Within a definition, the defined term is identified by bold italics.

      Division 4—Status of Guides and other non-operative material

      4–1 Non-operative material

      In addition to the operative provisions themselves, this Act contains other material to help you identify accurately and quickly the provisions that are relevant to you and to help you understand them.

      This other material falls into 2 main categories.

      4–5 Explanatory sections

      One category is the explanatory section in many Divisions. Under the section heading “What this Division is about”, a short explanation of the Division appears in boxed text.

      Explanatory sections form part of this Act but are not operative provisions. In interpreting an operative provision, explanatory sections may only be considered for limited purposes. They are set out in section 182-10.

      4-10 Other material

      The other category consists of material such as notes and examples. These also form part of the Act. They are distinguished by type size from the operative provisions (except for formulas), but are not kept separate from them.

      Chapter 2—The basic rules

      Division 5—Introduction

      5–1 What this Chapter is about

      This Chapter sets out the basic rules for the GST. In particular, these rules will tell you:

      • where liability for GST arises;

      • where entitlements to input tax credits arise;

      • how the amounts of GST and input tax credits are combined to work out the amount payable by you or to you;

      • when and how that amount is to be paid.

      5–5 The structure of this Chapter

      The diagram on the next page shows how the basic rules in this Chapter relate to each other. It also shows their relationship with:

      • the exemptions (Chapter 3) — these provisions exempt from the GST what would otherwise be taxable; and

      • the special rules (Chapter 4) — these provisions modify the basic rules in particular situations, often in quite limited ways.

      Part 2–1—The central provisions

      Division 7—The central provisions

      7–1 GST and input tax credits

      (1) GST is payable on *taxable supplies and *taxable importations.

      (2) Entitlements to input tax credits arise on *creditable acquisitions and *creditable importations.

      For taxable supplies and creditable acquisitions, see Part 2–2.

      For taxable importations and creditable importations, see Part 2–3.

      7–5 Net amounts

      Amounts of GST and amounts of input tax credits are set off against each other to produce a *net amount for a tax period (which may be altered to take account of *adjustments).

      For net amounts (including adjustments to net amounts), see Part 2–4.

      7-10 Tax periods

      Every entity that is *registered, or *required to be registered, has tax periods applying to it.

      For registration, see Part 2–5.

      For tax periods, see Part 2–6.

      7-15 Payments and refunds

      The *net amount for a tax period is the amount that the entity must pay to the Commonwealth, or the Commonwealth must refund to the entity, in respect of the period.

      For payments and refunds (and GST returns), see Part 2–7.

      Note: Refunds may be set off against your other liabilities (if any) under laws administered by the Commissioner.

      Part 2–2—Supplies and acquisitions

      Division 9—Taxable supplies

      Table of Subdivisions

      9-A What are taxable supplies?

      9-B Who is liable for GST on taxable supplies?

      9-C How much GST is payable on taxable supplies?

      9–1 What this Division is about

      GST is payable on taxable supplies. This Division defines taxable supplies, states who is liable for the GST, and describes how to work out the GST on supplies.

      Subdivision 9-A — What are taxable supplies?

      9–5 Taxable supplies

      You make a taxable supply if:

      (a) you make the supply for *consideration; and

      (b) the supply is made in the course or furtherance of an *enterprise that you *carry on; and

      (c) the supply is *connected with Australia; and

      (d) you are *registered, or *required to be registered.

      However, the supply is not a *taxable supply to the extent that it is *GST-free or *input taxed.

      9-10 Meaning of supply

      (1) A supply is any form of supply whatsoever.

      (2) Without limiting subsection (1), supply includes any of these:

      (a) a supply of goods;

      (b) a supply of services;

      (c) a provision of advice or information;

      (d) СКАЧАТЬ