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

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СКАЧАТЬ be attributable to a period to which subsection (2) applies if it were a tax period applying to you.

      (2) This section applies to any period, during the tax period, during which you were not a *member of that *GST group or any other GST group.

      48–52 Consequences for a representative member of membership change during a tax period

      (1) If an entity is a *member of a *GST group, of which you are the *representative member, only for one or more parts of a tax period:

      (a) section 48–40 only applies to the GST payable on a *taxable supply that the entity makes, to the extent that the GST would be attributable to a period to which subsection (2) applies if it were a tax period applying to the entity; and

      (b) section 48–40 only applies to the GST payable on a *taxable importation that the entity makes during a period to which subsection (2) applies; and

      (c) section 48–45 only applies to the input tax credit for a *creditable acquisition or *creditable importation that the entity makes, to the extent that the input tax credit would be attributable to a period to which subsection (2) applies if it were a tax period applying to the entity; and

      (d) section 48–50 only applies to an *adjustment that the entity has that would be attributable to a period to which subsection (2) applies if it were a tax period applying to the entity.

      (2) This section applies to any period, during the tax period, during which the entity was a *member of the *GST group of which you are the *representative member.

      (3) However, if you are the *representative member of the *GST group only for one or more parts of the tax period, this section has effect subject to section 48–53.

      (4) If an entity is a *member of different *GST groups during the same tax period, subsections (1) and (2) apply separately in relation to each of those groups.

      48–53 Consequences of changing a representative member during a tax period

      (1) If you are the *representative member of a *GST group only for one or more parts of a tax period, then, in relation to your capacity as the representative member:

      (a) section 48–40 only applies to the GST payable on a *taxable supply that an entity makes, to the extent that the GST would be attributable to a period to which subsection (2) applies if it were a tax period applying to you; and

      (b) section 48–40 only applies to the GST payable on a *taxable importation that an entity makes during a period to which subsection (2) applies; and

      (c) section 48–45 only applies to the input tax credit for a *creditable acquisition or *creditable importation that an entity makes, to the extent that the input tax credit would be attributable to a period to which subsection (2) applies if it were a tax period applying to you; and

      (d) section 48–50 only applies to an *adjustment that an entity has that would be attributable to a period to which subsection (2) applies if it were a tax period applying to you.

      (2) This section applies to any period, during the tax period, during which you were the *representative member of the *GST group.

      48–55 GST groups treated as single entities for certain purposes

      (1) Despite sections 48–45 and 48–50, a *GST group is treated as a single entity, and not as a number of entities corresponding to the *members of the GST group, for the purposes of working out:

      (a) the amounts of any input tax credits to which the *representative member is entitled; and

      (b) whether the representative member has any *adjustments; and

      (c) the amounts of any such adjustments.

      (1A) If:

      (a) while you were not a *member of any *GST group, you acquired or imported a thing; and

      (b) you become a member of a GST group at a time when you still hold the thing;

      then, when the *representative member of the GST group applies section 129-40 for the first time after you became a member of the GST group, the *intended or former application of the thing is the extent of *creditable purpose last used to work out:

      (c) the amount of the input tax credit to which you were entitled for the acquisition or importation; or

      (d) the amount of any *adjustment you had under Division 129 in relation to the thing;

      as the case requires.

      (2) This section has effect despite section 11–25 (which is about the amount of input tax credits) and section 17–10 (which is about the effect of adjustments on net amounts).

      48–57 Tax invoices that are required to identify recipients

      (1) A document issued for a supply is taken to be a tax invoice if:

      (a) it would not, but for this section, be a tax invoice because it does not contain enough information to enable the identity, or the *ABN, of the *recipient of the supply to be clearly ascertained; and

      (b) there is no other reason why it would not be a tax invoice; and

      (c) the *representative member of a *GST group is entitled under section 48–45 to an input tax credit for the *creditable acquisition relating to the supply; and

      (d) the document contains enough information to enable the identity of at least one of the following to be clearly ascertained:

      (i) the GST group;

      (ii) the representative member;

      (iii) another entity that is or was a *member of the GST group, if the representative member would still have been entitled under section 48–45 to that input tax credit if that other entity had been the recipient of the supply.

      Note: Subparagraph (d)(iii) ensures that a member of the GST group identified in the document was a member of the group at the relevant time for the supply in question.

      (2) However, any obligation that the supplier of a *taxable supply has under subsection 29–70(2) is an obligation to give to the *recipient of the supply a document that would be a *tax invoice for the supply even if subsection (1) of this section had not been enacted.

      Note: This subsection ensures that a recipient’s entitlement to a tax invoice, including (if subparagraph 29–70(1)(c)(ii) requires it) an entitlement to a tax invoice that enables the recipient’s identity or the recipient’s ABN to be clearly ascertained, is unaffected by this section.

      (3) This section has effect despite section 29–70 (which is about tax invoices).

      48–60 GST returns

      (1) If you are a *member of a *GST group during the whole of a tax period, you are not required to give to the Commissioner a *GST return for that tax period, unless you are the *representative member of the group during that period.

      Note: If you were not a member of a GST group during the whole of a tax period, you are still obliged to give a GST return for the tax period, and (because of section СКАЧАТЬ