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

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СКАЧАТЬ 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 in the notice occurs, the formation of the *GST group takes effect from the start of:

      (a) the day specified in the notice, if that day is approved by the Commissioner under section 48–71; and

      (b) if paragraph (a) does not apply — such other day as the Commissioner approves under that section.

      48-7 Membership of GST groups

      (1) A member of a *GST group is an entity that:

      (a) formed the group under section 48-5, or was added to the group under section 48–70; and

      (b) *satisfies the membership requirements of the group.

      (2) However, the entity is not a member of the *GST group if the entity has, since the last time the entity became such a member:

      (a) left, or been removed from, the group under section 48–70; or

      (b) ceased to *satisfy the membership requirements of the group.

      (3) The *representative member of a *GST group must notify the Commissioner, in the *approved form, if a *member of the group no longer *satisfies the membership requirements for the GST group.

      (4) The notice must be given within 21 days after the *member no longer *satisfies the membership requirements for the *GST group.

      Note: Section 286-75 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for breach of this subsection.

      48–10 Membership requirements of a GST group

      (1) An entity satisfies the membership requirements of a *GST group, or a proposed GST group, if the entity:

      (a) is:

      (i) a *company; or

      (ii) a *partnership, trust or individual that satisfies the requirements specified in the regulations; and

      (b) is, if the entity is a company, a company of the same *90 % owned group as all the other members of the GST group or proposed GST group that are also companies; and

      (c) is *registered; and

      (d) has the same tax periods applying to it as the tax periods applying to all the other members of the GST group or proposed GST group; and

      (e) accounts on the same basis as all the other members of the GST group or proposed GST group; and

      (f) is not a member of any other GST group; and

      (g) does not have any branch that is registered under Division 54.

      (2) Paragraph (1)(b) does not apply if:

      (a) the entity is a non-profit body; and

      (b) all the other members of the GST group or proposed GST group are non-profit bodies; and

      (c) the entity and all those other members are members of the same *non-profit association.

      Note 1: For the membership requirements of non-profit sub-entities, see section 63–50.

      Note 2: For the membership requirements of a GST group of government related entities, see section 149-25.

      (2A) Paragraph (1)(d) does not apply in relation to a tax period that the Commissioner has determined under section 27–30 if the tax period:

      (a) ends at the same time as a tax period (a corresponding tax period) of each of the other *members of the *GST group; and

      (b) is not longer than any corresponding tax period (other than a tax period that the Commissioner has determined under section 27–30).

      (3) A *company does not satisfy the membership requirements of a *GST group, or a proposed GST group, if:

      (a) one or more other members of the GST group or proposed GST group are not companies; and

      (b) none of the members of the GST group or proposed GST group that are companies satisfy section 48–15.

      48–15 Relationship of companies and non-companies in a GST group

      (1) A *company that is a member of a *GST group, or a proposed GST group, satisfies this section if:

      (a) a *partnership, trust or individual that is a member of the GST group or proposed GST group would, if it were another company, have *at least a 90 % stake in that company; or

      (b) the company has only one member, and that member:

      (i) is a partner in a partnership that is a member of the GST group or proposed GST group; or

      (ii) is an individual that is a member of the GST group or proposed GST group; or

      (iii) is a *family member of that partner or individual; or

      (c) the company has more than one member, each of whom is:

      (i) a partner in the same partnership that is a member of the GST group or proposed GST group; or

      (ii) a family member of any such partner;

      and one of the following applies:

      (iii) at least 2 of the partners are members of the company;

      (iv) one of the partners is a member of the company, and at least one other member of the company is a family member of a different partner;

      (v) none of the partners is a member of the company, and the members of the company are not all family members of the same partner and no other partner; or

      (d) the company has more than one member, each of whom is:

      (i) an individual who is a member of the GST group or proposed GST group; or

      (ii) a family member of that individual; or

      (e) a trust is a member of the GST group or proposed GST СКАЧАТЬ