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A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-2 - Special rules mainly about supplies and acquisitions  

Note:

The special rules in this Part mainly modify the operation of Part 2-2, but they may affect other Parts of Chapter 2 in minor ways.

Division 105 - Supplies in satisfaction of debts  

105-5  Supplies by creditors in satisfaction of debts may be taxable supplies  

(1)  

You make a taxable supply if:


(a) you supply the property of another entity (the debtor) to a third entity in or towards the satisfaction of a debt that the debtor owes to you; and


(b) had the debtor made the supply, the supply would have been a *taxable supply.

(2)  

It does not matter whether:


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


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

(3)  

However, the supply is not a *taxable supply if:


(a) the debtor has given you a written notice stating that the supply would not be a taxable supply if the debtor were to make it, and stating fully the reasons why the supply would not be a taxable supply; or


(b) if you cannot obtain such a notice - you believe on the basis of reasonable information that the supply would not be a taxable supply if the debtor were to make it.

(4)  

This section has effect despite section 9-5 (which is about what is a taxable supply).

 



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