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(c) the supply is made by a *non-resident that:
(i) *carries on outside Australia an *enterprise of making *telecommunication supplies; and
(ii) does not *carry on in Australia such an enterprise.
Supply by Australian resident telecommunications supplier
(3) This subsection covers the supply if:
(a) the supply is made by an *Australian resident that is:
(i) a carrier, or a carriage service provider, as defined in the Telecommunications Act 1997; or
(ii) an internet service provider as defined in Schedule 5 to the Broadcasting Services Act 1992; and
(b) the supply is provided to the user in Australia of the device; and
(c) the supply is made to a *non-resident that:
(i) *carries on outside Australia an *enterprise of making *telecommunication supplies; and
(ii) does not *carry on in Australia such an enterprise.
Division 40—Input taxed supplies
Table of Subdivisions
40-A Financial supplies
40-B Residential rent
40-C Residential premises
40-D Precious metals
40-E School tuckshops and canteens
40-F Fund-raising events conducted by charitable institutions etc.
40-1 What this Division is about
This Division provides for the supplies that are input taxed. If a supply is input taxed, then:
• no GST is payable on the supply;
• there is no entitlement to an input tax credit for anything acquired or imported to make the supply (see sections 11–15 and 15–10).
For the basic rules about supplies that are input taxed, see sections 9-30 and 9-80.
Subdivision 40-A — Financial supplies
40-5 Financial supplies
(1) A *financial supply is input taxed.
(2) Financial supply has the meaning given by the regulations.
Subdivision 40-B — Residential rent
40–35 Residential rent
(1) A supply of premises that is by way of lease, hire or licence (including a renewal or extension of a lease, hire or licence) is input taxedif:
(a) the supply is of *residential premises (other than a supply of *commercial residential premises or a supply of accommodation in commercial residential premises provided to an individual by the entity that owns or controls the commercial residential premises); or
(b) the supply is of *commercial accommodation and Division 87 (which is about long-term accommodation in commercial premises) would apply to the supply but for a choice made by the supplier under section 87–25.
(1A) A supply of a berth at a marina that is by way of lease, hire or licence (including a renewal or extension of a lease, hire or licence) is input taxed if:
(a) the berth is occupied, or is to be occupied, by a *ship used as a residence; and
(b) the supply is of *commercial accommodation and Division 87 (which is about long-term accommodation in commercial premises) would apply to the supply but for a choice made by the supplier under section 87–25.
(2) However:
(a) the supply is input taxed only to the extent that the premises are to be used predominantly for residential accommodation (regardless of the term of occupation); and
(b) the supply is not input taxed under this section if the lease, hire or licence, or the renewal or extension of a lease, hire or licence, is a *long-term lease.
Subdivision 40-C — Residential premises
40–65 Sales of residential premises
(1) A sale of *real property is input taxed, but only to the extent that the property is *residential premises to be used predominantly for residential accommodation (regardless of the term of occupation).
(2) However, the sale is notinput taxed to the extent that the *residential premises are:
(a) *commercial residential premises; or
(b) *new residential premises other than those used for residential accommodation (regardless of the term of occupation) before 2 December 1998.
40–70 Supplies of residential premises by way of long-term lease
(1) A supply is input taxed if:
(a) the supply is of *real property but only to the extent that the property is *residential premises to be used predominantly for residential accommodation (regardless of the term of occupation); and
(b) the supply is by way of *long-term lease.
(2) However, the supply is notinput taxed to the extent that the *residential premises are:
(a) *commercial residential premises; or
(b) *new residential premises other than those used for residential accommodation (regardless of the term of occupation) before 2 December 1998.
40–75 Meaning of new residential premises
(1) *Residential premises are new residential premises if they:
(a) have not previously been sold as residential premises (other than *commercial residential premises) and have not previously been the subject of a *long-term lease; or
(b) have been created through *substantial renovations of a building; or
(c) have been built, or contain a building that has been built, to replace demolished premises on the same land.
(2) However, the premises are not new residential premises if, for the period of at least 5 years since:
(a) if paragraph (1)(a) applies (and neither paragraph (1)(b) nor paragraph (1)(c) applies) — the premises first became *residential premises; or
(b) if paragraph (1)(b) applies — the premises were last *substantially renovated; or
(c) if paragraph (1)(c) applies — the premises were last built;
the premises have only been used for making supplies that are *input taxed because of paragraph 40–35(1)(a).
(2A) A supply of the premises is disregarded as a sale for the purposes of applying paragraph (1)(a):
(a) if it is a supply by a member of a *GST group to another member of the GST group; or
(b) if:
(i) it is a supply by the *joint venture operator of a *GST joint venture to another entity that is a *participant in the joint venture; and
(ii) the other entity acquired the interest, unit or lease for consumption, use or supply in the course of activities for which the joint venture was entered into.
(3) To avoid doubt, if the *residential premises are new residential premises because of paragraph (1)(b) or (c), the new residential premises include land of which the new residential premises are a part.
Subdivision 40-D — Precious metals
40-100 Precious metals
A supply of *precious