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A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999
TABLE OF PROVISIONS
CHAPTER 1--Introduction
PART 1-1--PRELIMINARY
Division 1--Preliminary
1.1. Short title
1.2. Commencement
1.3. Commonwealth-State financial relations
PART 1-2--USING THIS ACT
Division 2--Overview of the GST legislation
2.1. What this Act is about
2.5. The basic rules (Chapter 2)
2.10. The exemptions (Chapter 3)
2.15. The special rules (Chapter 4)
2.20. Miscellaneous (Chapter 5)
2.25. Interpretative provisions (Chapter 6)
2.30. Administration, collection and recovery provisions (Part VI of
Division 3--Defined terms
3.1. When defined terms are identified
3.5. When terms are not identified
3.10. Identifying the defined term in a definition
Division 4--Status of Guides and other non-operative material
4.1. Non-operative material
4.5. Explanatory sections
4.10. Other material
CHAPTER 2--The basic rules
Division 5--Introduction
5.1. What this Chapter is about
5.5. The structure of this Chapter
PART 2-1--THE CENTRAL PROVISIONS
Division 7--The central provisions
7.1. GST and input tax credits
7.5. Net amounts
7.10. Tax periods
7.15. Payments and refunds
PART 2-2--SUPPLIES AND ACQUISITIONS
Division 9--Taxable supplies
9.1. What this Division is about
9.5. Taxable supplies
9.10. Meaning of supply
9.15. Consideration
9.20. Enterprises
9.25. Supplies connected with Australia
9.30. Supplies that are GST-free or input taxed
9.39. Special rules relating to taxable supplies
9.40. Liability for GST on taxable supplies
9.69. Special rules relating to liability for GST on taxable
9.70. The amount of GST on taxable supplies
9.75. The value of taxable supplies
9.80. The value of taxable supplies that are partly GST-free or input
9.99. Special rules relating to the amount of GST on taxable
Division 11--Creditable acquisitions
11.1. What this Division is about
11.5. What is a creditable acquisition?
11.10. Meaning of acquisition
11.15. Meaning of creditable purpose
11.20. Who is entitled to input tax credits for creditable
11.25. How much are the input tax credits for creditable
11.30. Acquisitions that are partly creditable
11.99. Special rules relating to acquisitions
PART 2-3--IMPORTATIONS
Division 13--Taxable importations
13.1. What this Division is about
13.5. What are taxable importations?
13.10. Meaning of non-taxable importation
13.15. Who is liable for GST on taxable importations?
13.20. How much GST is payable on taxable importations?
13.25. The value of taxable importations that are partly non-taxable
13.99. Special rules relating to taxable importations
Division 15--Creditable importations
15.1. What this Division is about
15.5. What are creditable importations?
15.10. Meaning of creditable purpose
15.15. Who is entitled to input tax credits for creditable
15.20. How much are the input tax credits for creditable
15.25. Importations that are partly creditable
15.99. Special rules relating to creditable importations
PART 2-4--NET AMOUNTS AND ADJUSTMENTS
Division 17--Net amounts and adjustments
17.1. What this Division is about
17.5. Net amounts
17.10. Adjustments
17.99. Special rules relating to net amounts or adjustments
Division 19--Adjustment events
19.1. What this Division is about
19.5. Explanation of the effect of adjustment events
19.10. Adjustment events
19.40. Where adjustments for supplies arise
19.45. Previously attributed GST amounts
19.50. Increasing adjustments for supplies
19.55. Decreasing adjustments for supplies
19.70. Where adjustments for acquisitions arise
19.75. Previously attributed input tax credit amounts
19.80. Increasing adjustments for acquisitions
19.85. Decreasing adjustments for acquisitions
Division 21--Bad debts
21.1. What this Division is about
21.5. Writing off bad debts (taxable supplies)
21.10. Recovering amounts previously written off (taxable
21.15. Bad debts written off (creditable acquisitions)
21.20. Recovering amounts previously written off (creditable
21.99. Special rules relating to adjustments for bad debts
PART 2-5--REGISTRATION
Division 23--Who is required to be registered and who may be registered
23.1. Explanation of Division
23.5. Who is required to be registered
23.10. Who may be registered
23.15. The registration turnover threshold
23.99. Special rules relating to who is required to be registered or
Division 25--How you become registered, and how your registration can be cancelled
25.1. When you must apply for registration
25.5. When the Commissioner must register you
25.10. The date of effect of your registration
25.15. Effect of backdating your registration
25.49. Special rules relating to registration
25.50. When you must apply for cancellation of registration
25.55. When the Commissioner must cancel registration
25.60. The date of effect of your cancellation
25.65. Effect of backdating your cancellation of
25.99. Special rules relating to cancellation of
PART 2-6--TAX PERIODS
Division 27--How to work out the tax periods that apply to you
27.1. What this Division is about
27.5. General rule3 month tax periods
27.10. Election of one month tax periods
27.15. Determination of one month tax periods
27.20. Withdrawing elections of one month tax periods
27.25. Revoking determinations of one month tax periods
27.30. Tax periods determined by the Commissioner to take account of
27.35. Changing the days on which your tax periods end
27.37. Special determination of tax periods on request
27.38. Revoking special determination of tax periods
27.40. An entity's concluding tax period
27.99. Special rules relating to tax periods
Division 29--What is attributable to tax periods
29.1. What this Division is about
29.5. Attributing the GST on your taxable supplies
29.10. Attributing the input tax credits for your creditable
29.15. Attributing the input tax credits for your creditable
29.20. Attributing your adjustments
29.25. Commissioner may determine particular attribution
29.39. Special rules relating to attribution rules
29.40. Choosing to account on a cash basis
29.45. Permission to account on a cash basis
29.50. Ceasing to account on a cash basis
29.70. Tax invoices
29.75. Adjustment notes
29.80. Tax invoices and adjustment notes not required for low value
29.99. Special rules relating to tax invoices and adjustment
PART 2-7--RETURNS, PAYMENTS AND REFUNDS
Division 31--GST returns
31.1. What this Division is about
31.5. Who must give GST returns
31.10. When GST returns must be given
31.15. The form and contents of GST returns
31.20. Additional GST returns
31.25. Electronic lodgment of GST returns
31.30. Signing GST returns
31.99. Special rules relating to GST returns
Division 33--Payments of GST
33.1. What this Division is about
33.5. When payments of net amounts must be made
33.10. How payments of net amounts are made
33.15. Payments of amounts of GST on importations
33.20. Commissioner may extend time for payment
33.25. Commissioner may bring forward payment date if you are about to
33.30. Net amounts etc. a debt due to the Commonwealth
33.99. Special rules relating to payments of GST
Division 35--Refunds
35.1. What this Division is about
35.5. When refunds must be made
35.10. How refunds are made
35.99. Special rules relating to refunds
PART 2-8--CHECKLIST OF SPECIAL RULES
Division 37--Checklist of special rules
37.1. Checklist of special rules
CHAPTER 3--The exemptions
PART 3-1--SUPPLIES THAT ARE NOT TAXABLE SUPPLIES
Division 38--GST-free supplies
38.1. What this Division is about
38.2. Food
38.3. Food that is not GST-free
38.4. Meaning of food
38.5. Premises used in supplying food
38.6. Packaging of food
38.7. Medical services
38.10. Other health services
38.15. Other government funded health services
38.20. Hospital treatment
38.25. Residential care etc.
38.30. Community care etc.
38.35. Flexible care
38.40. Specialist disability services
38.45. Medical aids and appliances
38.47. Other GST-free health goods
38.50. Drugs and medicinal preparations etc.
38.55. Private health insurance etc.
38.85. Education courses
38.90. Excursions or field trips
38.95. Course materials
38.100. Supplies that are not GST-free
38.105. Accommodation at boarding schools etc.
38.110. Recognition of prior learning etc.
38.140. Child caresuppliers registered under the Childcare Rebate
38.145. Child careeligible child care centres
38.150. Other child care
38.155. Supplies directly related to child care that is
38.185. Exports of goods
38.190. Supplies of things, other than goods or real property, for
38.220. Religious services
38.250. Nominal consideration etc.
38.255. Second-hand goods
38.270. Raffles and bingo conducted by charitable institutions
38.285. Water
38.290. Sewerage
38.295. Emptying of septic tanks
38.325. Supply of a going concern
38.355. Supplies of transport and related matters
38.385. Supplies of precious metals
38.415. Supplies through inwards duty free shops
38.445. Grants of freehold and similar interests by
38.475. Subdivided farm land
38.480. Farm land supplied for farming
38.505. Disabled veterans
38.510. Other disabled people
Division 40--Input taxed supplies
40.1. What this Division is about
40.5. Financial supplies
40.35. Residential rent
40.65. Sales of residential premises
40.70. Supplies of residential premises by way of long-term
40.100. Precious metals
40.130. School tuckshops and canteens
PART 3-2--NON-TAXABLE IMPORTATIONS
Division 42--Non-taxable importations
42.1. What this Division is about
42.5. Non-taxable importationsSchedule 4 to the Customs Tariff
42.10. Ship and aircraft stores
42.15. Goods imported or purchased by overseas travellers
CHAPTER 4--The special rules
Division 45--Introduction
45.1. What this Chapter is about
45.5. The effect of special rules
PART 4-1--SPECIAL RULES MAINLY ABOUT PARTICULAR WAYS ENTITIES ARE ORGANISED
Division 48--GST groups
48.1. What this Division is about
48.5. Approval of GST groups
48.10. Membership requirements of a GST group
48.40. Who is liable for GST
48.45. Who is entitled to input tax credits
48.50. Adjustments
48.55. GST groups treated as single entities for certain
48.60. GST returns
48.70. Changing the membership etc. of GST groups
48.75. Revoking the approval of GST groups
48.80. Notification by representative members
48.85. Date of effect of approvals and revocations
48.90. Notification by the Commissioner
Division 51--GST joint ventures
51.1. What this Division is about
51.5. Approval of GST joint ventures
51.10. Participation requirements of a GST joint venture
51.30. Who is liable for GST
51.35. Who is entitled to input tax credits
51.40. Adjustments
51.45. Additional net amounts relating to GST joint ventures
51.50. GST returns relating to GST joint ventures
51.55. Payments of GST relating to GST joint ventures
51.60. Refunds relating to GST joint ventures
51.70. Changing the participants etc. of GST joint ventures
51.75. Revoking the approval of GST joint ventures
51.80. Notification by joint venture operators
51.85. Date of effect of approvals and revocations
51.90. Notification by the Commissioner
Division 54--GST branches
54.1. What this Division is about
54.5. Registration of GST branches
54.10. The date of effect of registration of a GST branch
54.15. GST branch registration number
54.40. Additional net amounts relating to GST branches
54.45. Net amounts of parent entities
54.50. Tax invoices and adjustment notes
54.55. GST returns relating to GST branches
54.60. Payments of GST relating to GST branches
54.65. Refunds relating to GST branches
54.70. When an entity must apply for cancellation of registration of a
54.75. When the Commissioner must cancel registration of a GST
54.80. The date of effect of cancellation of registration of a GST
54.85. Application of Subdivision 25-B
54.90. Effect on GST branches of cancelling the entity's
Division 57--Resident agents acting for non-residents
57.1. What this Division is about
57.5. Who is liable for GST
57.10. Who is entitled to input tax credits
57.15. Adjustments
57.20. Resident agents are required to be registered
57.25. Cancellation of registration of a resident agent
57.30. Notice of cessation of agency
57.35. Tax periods of resident agents
57.40. GST returns for non-residents
57.45. Resident agents giving GST returns
57.50. Non-residents that belong to GST groups
Division 60--Pre-establishment costs
60.1. What this Division is about
60.5. Input tax credit for acquisitions and importations before
60.10. Registration etc. not needed for input tax credits
60.15. Pre-establishment acquisitions and importations
60.20. Creditable purpose
60.25. Attributing the input tax credit for pre-establishment
60.30. Attributing the input tax credit for pre-establishment
60.35. Application of Division 129
PART 4-2--SPECIAL RULES MAINLY ABOUT SUPPLIES AND ACQUISITIONS
Division 66--Second-hand goods
66.1. What this Division is about
66.5. Creditable acquisitions of second-hand goods
66.10. Amounts of input tax credits for creditable acquisitions of
66.15. Attributing input tax credits for creditable acquisitions of
66.20. Returnable containers
Division 69--Non-deductible expenses
69.1. What this Division is about
69.5. Non-deductible expenses do not give rise to creditable
69.10. Amounts of input tax credits for creditable acquisitions or
Division 70--Financial supplies (reduced credit acquisitions)
70.1. What this Division is about
70.5. Acquisitions that attract the reduced credit
70.10. Extended meaning of creditable purpose
70.15. How much are the reduced input tax credits?
70.20. Extent of creditable purpose
70.25. Sale of reduced credit acquisitions (Division 132)
Division 72--Associates
72.1. What this Division is about
72.5. Taxable supplies without consideration
72.10. The value of taxable supplies without consideration
72.15. Attributing the GST to tax periods
72.40. Creditable acquisitions without consideration
72.45. The amount of the input tax credit
72.50. Attributing the input tax credit to tax periods
72.70. The value of taxable supplies for inadequate
Division 75--Sale of freehold interests etc.
75.1. What this Division is about
75.5. Choosing to apply the margin scheme
75.10. The amount of GST on taxable supplies
75.15. Subdivided land
75.20. Supplies under a margin scheme do not give rise to creditable
75.25. Adjustments relating to bad debts
Division 78--Insurance
78.1. What this Division is about
78.5. Creditable acquisitions relating to settlements of insurance
78.10. Amount of input tax credits relating to settlements of
78.15. Acquisitions of goods by insurers in the course of settling
78.30. Taxable supplies relating to settlements of insurance
78.35. Payments of excess under insurance policies are not
78.40. Effect of payments of excess under insurance policies on
78.45. Supplies of goods to insurers in the course of settling
78.50. Settlements of claims relating to non-creditable insurance
78.65. Payments etc. to third parties by insurers
78.70. Payments etc. to third parties by insured entities
78.80. Net amounts
78.85. GST returns
78.90. Payments of GST
Division 81--Payments of taxes
81.1. What this Division is about
81.5. Payments of taxes can constitute consideration
81.10. Supplies need not be connected with Australia if the
Division 84--Offshore supplies other than goods or real property
84.1. What this Division is about
84.5. Intangible supplies from offshore may be taxable
84.10. "Reverse charge" on offshore intangible supplies
84.15. Transfers etc. between branches of the same entity
Division 87--Long-term accommodation in commercial residential premises
87.1. What this Division is about
87.5. Commercial residential premises that are predominantly for
87.10. Commercial residential premises that are not predominantly for
87.15. Meaning of commercial accommodation
87.20. Meaning of long-term accommodation etc.
87.25. Suppliers may choose not to apply this Division
Division 90--Company amalgamations
90.1. What this Division is about
90.5. Supplies not taxableamalgamated company registered or required
90.10. Value of taxable suppliesamalgamated company not registered
90.15. Acquisitions not creditableamalgamated company registered or
90.20. Liability after amalgamation for GST on amalgamating company's
90.25. Entitlement after amalgamation to input tax credits for
90.30. Adjustments
90.35. Amalgamating companies accounting on a cash basis
Division 93--Returnable containers
93.1. What this Division is about
93.5. Creditable acquisitions of returnable containers
93.10. How much are the input tax credits for creditable acquisitions
93.15. Attributing creditable acquisitions of returnable
93.20. Ownership of returnable containers
Division 96--Supplies partly connected with Australia
96.1. What this Division is about
96.5. Supplies that are only partly connected with Australia
96.10. The value of the taxable components of supplies that are only
Division 99--Deposits as security
99.1. What this Division is about
99.5. Giving a deposit as security does not constitute
99.10. Attributing the GST relating to deposits that are forfeited
Division 102--Cancelled lay-by sales
102.1. What this Division is about
102.5. Cancelled lay-by sales
102.10. Attributing GST and input tax credits
Division 105--Supplies in satisfaction of debts
105.1. What this Division is about
105.5. Supplies by creditors in satisfaction of debts may be taxable
105.10. Net amounts
105.15. GST returns
105.20. Payments of GST
Division 108--Valuation of taxable supplies of goods in bond
108.1. What this Division is about
108.5. Taxable supplies of goods in bond etc.
Division 111--Reimbursement of employees etc.
111.1. What this Division is about
111.5. Creditable acquisitions relating to reimbursements
111.10. Amounts of input tax credits relating to
111.15. Tax invoices relating to reimbursements
PART 4-3--SPECIAL RULES MAINLY ABOUT IMPORTATIONS
Division 114--Importations without entry for home consumption
114.1. What this Division is about
114.5. Importations without entry for home consumption
Division 117--Importations of goods that were exported for repair or renovation
117.1. What this Division is about
117.5. Valuation of taxable importations of goods that were exported
117.10. The value of repairs and renovations
PART 4-4--SPECIAL RULES MAINLY ABOUT NET AMOUNTS AND ADJUSTMENTS
Division 126--Gambling
126.1. What this Division is about
126.5. Global accounting system for gambling supplies
126.10. Global GST amounts
126.15. Losses carried forward
126.20. Bad debts
126.25. Application of Subdivision 9-C
126.30. Gambling supplies do not give rise to creditable
126.32. Repayments of gambling losses are not consideration
126.33. Tax invoices not required for gambling supplies
126.35. Meaning of gambling supply and gambling event
Division 129--Changes in the extent of creditable purpose
129.1. What this Division is about
129.5. Adjustments arising under this Division
129.10. Adjustments do not arise under this Division for acquisitions
129.20. Adjustment periods
129.25. Effect on adjustment periods of things being disposed of
129.40. Working out whether you have an adjustment
129.45. Gifts to gift-deductible entities
129.50. Creditable purpose
129.55. Meaning of apply
129.70. The amount of an increasing adjustment
129.75. The amount of a decreasing adjustment
129.80. Effect of adjustments under Division 19
129.90. Attributing your adjustments for changes in extent of
Division 132--Supplies of things acquired, imported or applied to make financial supplies
132.1. What this Division is about
132.5. Decreasing adjustments for supplies of things acquired,
132.10. Attribution of adjustments under this Division
Division 135--Supplies of going concerns
135.1. What this Division is about
135.5. Initial adjustments for supplies of going concerns
135.10. Later adjustments for supplies of going concerns
Division 138--Cessation of registration
138.1. What this Division is about
138.5. Adjustments for cessation of registration
138.10. Attributing adjustments for cessation of
138.15. Ceasing to be registeredamounts not previously
138.20. Application of Division 129
PART 4-5--SPECIAL RULES MAINLY ABOUT REGISTRATION
Division 144--Taxis
144.1. What this Division is about
144.5. Requirement to register
Division 147--Representatives of incapacitated entities
147.1. What this Division is about
147.5. Representatives are required to be registered
147.10. Cancellation of registration of a representative
147.15. Notice of cessation of representation
147.20. Adjustments
PART 4-6--SPECIAL RULES MAINLY ABOUT TAX PERIODS
Division 153--Agents
153.1. What this Division is about
153.5. Attributing the input tax credits for your creditable
153.10. Attributing your adjustments
153.15. Tax invoices
153.20. Adjustment notes
Division 156--Supplies and acquisitions made on a progressive or periodic basis
156.1. What this Division is about
156.5. Attributing the GST on progressive or periodic
156.10. Attributing the input tax credits on progressive or periodic
156.15. Progressive or periodic supplies partly connected with
156.20. Application of Division 129 to progressive or periodic
156.25. Accounting on a cash basis
Division 159--Changing your accounting basis
159.1. What this Division is about
159.5. Ceasing to account on a cash basisamounts not previously
159.10. Ceasing to account on a cash basisamounts partly
159.15. Ceasing to account on a cash basisbad debts
159.20. Starting to account on a cash basis
159.25. Starting to account on a cash basisbad debts
159.30. Entities ceasing to exist or coming into existence
PART 4-7--SPECIAL RULES MAINLY ABOUT RETURNS, PAYMENTS AND REFUNDS
Division 165--Anti-avoidance
165.1. What this Division is about
165.5. When does this Division operate?
165.10. When does an entity get a GST benefit from a
165.15. Matters to be considered in determining purpose or
165.40. Commissioner may negate avoider's GST benefits
165.45. Commissioner may reduce an entity's net amount or GST to
165.50. GST or refund payable in accordance with declaration
165.55. Commissioner may disregard scheme in making
165.60. One declaration may cover several tax periods and
165.65. Commissioner must give copy of declaration to entity
165.80. Penalty
Division 168--Tourist refund scheme
168.1. What this Division is about
168.5. Tourist refund scheme
Division 171--Customs security etc. given on taxable importations
171.1. What this Division is about
171.5. Security or undertaking given under section 162 or 162A of the
CHAPTER 5--Miscellaneous
PART 5-1--MISCELLANEOUS
Division 177--Miscellaneous
177.1.
177.3. Acquisitions from State or Territory bodies where GST liability
177.5. Cancellation of exemptions from GST
177.10. Ministerial determinations
177.15. Regulations
CHAPTER 6--Interpreting this Act
PART 6-1--RULES FOR INTERPRETING THIS ACT
Division 182--Rules for interpreting this Act
182.1. What forms part of this Act
182.5. What does not form part of this Act
182.10. Explanatory sections, and their role in interpreting this
182.15. Schedules 1 and 2
PART 6-2--MEANING OF SOME IMPORTANT CONCEPTS
Division 184--Meaning of entity
184.1. Entities
Division 186--Meaning of approved form
186.1. Approved forms
Division 188--Meaning of annual turnover
188.1. What this Division is about
188.5. Explanation of the turnover thresholds
188.10. Whether your annual turnover meets, or does not exceed, a
188.15. Current annual turnover
188.20. Projected annual turnover
188.25. Transfer of capital assets, and termination etc. of
188.30. The value of non-taxable supplies
Division 190--90% owned groups of companies
190.1. 90% owned groups
190.5. When a company has at least a 90% stake in another
PART 6-3--DICTIONARY
Division 195--Dictionary
195.1. Dictionary
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