Telecommunications Act 2001

Structural separation of Telecom - Taxation consequences of structural separation

69XQ: Goods and Services Tax Act 1985

You could also call this:

"A law about not paying tax when some assets are transferred"

Illustration for Telecommunications Act 2001

When some assets and liabilities are transferred, you are treated as if you made a taxable supply on a certain day, but you do not have to pay tax on it because the tax rate is 0% under the Goods and Services Tax Act 1985. You and another company are treated as the same person for tax purposes when working out the tax payable on certain assets and liabilities. If a document like a tax invoice needs to be issued for a supply made before a certain day, it can be issued by a different company if the supply was related to the transferred assets and liabilities, and you are treated as the same person for the purposes of the Goods and Services Tax Act 1985.

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Part 2AStructural separation of Telecom
Taxation consequences of structural separation

69XQGoods and Services Tax Act 1985

  1. The vesting of the designated assets and liabilities is treated as being a taxable supply on the appointed day that is charged with tax at the rate of 0% for the purposes of the Goods and Services Tax Act 1985.

  2. For the purpose of calculating, under the Goods and Services Tax Act 1985, the amount of tax payable, or input tax deductible, on or after the appointed day by a Chorus company in respect of, or in relation to, a designated asset or a designated liability, the Chorus company and the relevant Telecom company are treated as if they were the same person in respect of the period up to and including the appointed day, subject to subsection (1).

  3. If it is necessary for a tax invoice, a credit note, or a debit note (the document) to be issued by or to a Telecom company in respect of a supply made by or to a Telecom company before the appointed day, the document may be issued by or to a Chorus company if the supply was in respect of or in relation to designated assets and liabilities. The Chorus company and the Telecom company are treated as if, in relation to that supply, they were the same person for the purposes of any requirement in the Goods and Services Tax Act 1985 that the Telecom company holds, has previously been issued with, or has issued to a person, a tax invoice, a debit note, or a credit note for the supply.

  4. In this section, credit note, debit note, input tax, supply, tax, and tax invoice have the same meanings as in the Goods and Services Tax Act 1985.

Notes
  • Section 69XQ: inserted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).