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

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СКАЧАТЬ or surrender of *real property;

      (e) a creation, grant, transfer, assignment or surrender of any right;

      (f) a *financial supply;

      (g) an entry into, or release from, an obligation:

      (i) to do anything; or

      (ii) to refrain from an act; or

      (iii) to tolerate an act or situation;

      (h) any combination of any 2 or more of the matters referred to in paragraphs (a) to (g).

      (3) It does not matter whether it is lawful to do, to refrain from doing or to tolerate the act or situation constituting the supply.

      (3A) For the avoidance of doubt, the delivery of:

      (a) livestock for slaughtering or processing into *food; or

      (b) game for processing into *food;

      under an arrangement under which the entity making the delivery only relinquishes title after food has been produced, is the supply of the livestock or game (regardless of when the entity relinquishes title). The supply does not take place on or after the subsequent relinquishment of title.

      (4) However, a supply does not include a supply of *money unless the money is provided as *consideration for a supply that is a supply of money.

      9-15 Consideration

      (1) Consideration includes:

      (a) any payment, or any act or forbearance, in connection with a supply of anything; and

      (b) any payment, or any act or forbearance, in response to or for the inducement of a supply of anything.

      (2) It does not matter whether the payment, act or forbearance was voluntary, or whether it was by the *recipient of the supply.

      (2A) It does not matter:

      (a) whether the payment, act or forbearance was in compliance with an order of a court, or of a tribunal or other body that has the power to make orders; or

      (b) whether the payment, act or forbearance was in compliance with a settlement relating to proceedings before a court, or before a tribunal or other body that has the power to make orders.

      (2B) For the avoidance of doubt, the fact that the supplier is an entity of which the *recipient of the supply is a member, or that the supplier is an entity that only makes supplies to its members, does not prevent the payment, act or forbearance from being consideration.

      (3) However:

      (a) if a right or option to acquire a thing is granted, then:

      (i) the consideration for the supply of the thing on the exercise of the right or option is limited to any additional consideration provided either for the supply or in connection with the exercise of the right or option; or

      (ii) if there is no such additional consideration — there is no consideration for the supply; and

      (b) making a gift to a non-profit body is not the provision of consideration; and

      (c) a payment made by a *government related entity to another government related entity is not the provision of consideration if the payment is specifically covered by an appropriation under an *Australian law.

      9-20 Enterprises

      (1) An enterprise is an activity, or series of activities, done:

      (a) in the form of a *business; or

      (b) in the form of an adventure or concern in the nature of trade; or

      (c) on a regular or continuous basis, in the form of a lease, licence or other grant of an interest in property; or

      (d) by the trustee of a fund that is covered by, or by an authority or institution that is covered by, Subdivision 30-B of the Income Tax Assessment Act 1997 and to which deductible gifts can be made; or

      (da) by a trustee of a *complying superannuation fund or, if there is no trustee of the fund, by a person who manages the fund; or

      (e) by a charitable institution or by a trustee of a charitable fund; or

      (f) by a religious institution; or

      (g) by the Commonwealth, a State or a Territory, or by a body corporate, or corporation sole, established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

      (h) by a trustee of a fund covered by item 2 of the table in section 30–15 of the ITAA 1997 or of a fund that would be covered by that item if it had an ABN.

      (2) However, enterprise does not include an activity, or series of activities, done:

      (a) by a person as an employee or in connection with earning *withholding payments covered by subsection (4) (unless the activity or series is done in supplying services as the holder of an office that the person has accepted in the course of or in connection with an activity or series of activities of a kind mentioned in subsection (1)); or

      Note: Acts done as mentioned in paragraph (a) will still form part of the activities of the enterprise to which the person provides work or services.

      (b) as a private recreational pursuit or hobby; or

      (c) by an individual (other than a trustee of a charitable fund, or of a fund covered by item 2 of the table in section 30–15 of the ITAA 1997 or of a fund that would be covered by that item if it had an ABN), or a *partnership (all or most of the members of which are individuals), without a reasonable expectation of profit or gain; or

      (d) as a member of a local governing body established by or under a *State law or *Territory law (except a local governing body to which paragraph 12–45(1)(e) in Schedule 1 to the Taxation Administration Act 1953 applies).

      (3) For the avoidance of doubt, the fact that activities of an entity are limited to making supplies to members of the entity does not prevent those activities:

      (a) being in the form of a *business within the meaning of paragraph (1)(a); or

      (b) being in the form of an adventure or concern in the nature of trade within the meaning of paragraph (1)(b).

      (4) This subsection covers a *withholding payment covered by any of the provisions in Schedule 1 to the Taxation Administration Act 1953 listed in the table.

      Withholding payments covered

      Item

      Provision

      Subject matter

      1

      Section 12-35

      Payment to employee

      2

      Section СКАЧАТЬ