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

Chapter 4 - The special rules  

Part 4-1 - Special rules mainly about particular ways entities are organised  

Note:

The special rules in this Part mainly modify the operation of Part 2-2 so far as that Part deals with liability for GST and entitlement to input tax credits, but the special rules also affect other aspects of Part 2-2 and the other Parts of Chapter 2.

Division 60 - Pre-establishment costs  

60-20  Creditable purpose  

(1)  

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If, before a *company is in existence, you make an acquisition or importation:


(a) for the purpose of bringing the company into existence; or


(b) for the purpose of the company *carrying on an *enterprise after it is in existence;

you acquire or import the thing for a creditable purpose only to the extent that you acquire or import it for either or both of those purposes.

(2)  

However, you do not acquire or import the thing for a creditable purpose to the extent that:


(a) the acquisition or importation relates (directly or indirectly) to the company making supplies that would be *input taxed; or


(b) the acquisition or importation is of a private or domestic nature.

(3)  

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An acquisition or importation is not treated, for the purposes of paragraph (2)(a), as relating to making supplies that would be *input taxed to the extent that the supply is made through an *enterprise, or a part of an enterprise, that the company will *carry on outside the indirect tax zone.

(4)  

This section has effect despite sections 11-15 and 15-10 (which are about creditable purpose).

 



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