Goods and Services Tax Act 1985

58 Personal representative, liquidator, receiver, etc

(1)

In this section and sections 46 and 55

agency period means the period beginning on the date on which a person becomes entitled to act as a specified agent carrying on a taxable activity in relation to an incapacitated person and ending on the earlier of—

(a)

the date on which some person other than the incapacitated person or the specified agent is registered in respect of the taxable activity; or

(b)

the date on which there is no longer a person acting as a specified agent in relation to the incapacitated person

incapacitated person means a registered person who dies, or goes into liquidation or receivership, or becomes bankrupt or incapacitated

specified agent means a person carrying on any taxable activity in a capacity as personal representative, liquidator, or receiver of an incapacitated person, or otherwise as agent for or on behalf of or in the stead of an incapacitated person.

(1A)

Despite sections 5(2) and 60, a person who becomes a specified agent is treated as being a registered person carrying on the taxable activity of the incapacitated person during the agency period, and the incapacitated person is not treated as carrying on the taxable activity during the period.

(1B)

If a person becomes a specified agent and has been appointed to carry on part of the incapacitated person’s taxable activity only, subsection (1A) applies only to the part of the taxable activity the person has been appointed to carry on.

(1C)

Subject to section 46(7), a specified agent may deduct an amount under section 20(3) relating to supplies made before the agency period if the incapacitated person is entitled to, and has not previously deducted, the amount.

(1D)

A specified agent is not personally liable for any liabilities incurred under this Act by the incapacitated person on or before the date the agency period starts.

(2)

Where a mortgagee is in possession of any land or other property previously mortgaged by the mortgagor, being a registered person, the Commissioner may, from the date on which the mortgagee took possession of that land or other property, until such time as the mortgagee ceases to be in possession of that land or other property, deem the mortgagee, in any case where and to the extent that the mortgagee carries on any taxable activity of the mortgagor, to be a registered person.

(3)

Any person who becomes a specified agent, or who as a mortgagee in possession carries on any taxable activity of the mortgagor, shall, within 21 days of becoming a specified agent or commencing that taxable activity of the mortgagor, notify the Commissioner of that fact and of the date of the death or of the liquidation or receivership or bankruptcy or mortgagee taking possession of any land or other property previously mortgaged by the mortgagor, or of the nature of the incapacity and the date on which it began.

Section 58(1): substituted, on 14 December 1992, by section 11(1) of the Goods and Services Tax Amendment Act (No 2) 1992 (1992 No 116).

Section 58(1): amended, on 10 October 2000 (applying on and after 10 October 2000), by section 112(1)(a) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(1) agency period paragraph (b): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(1)(b) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(1A): substituted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(1B): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(1C): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(1C): amended, on 25 November 2003 (applying to deductions relating to supplies made in taxable periods beginning on or after 1 April 2002), by section 166(1) of the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003 (2003 No 122).

Section 58(1D): inserted, on 10 October 2000 (applying on and after 10 October 2000), by section 112(2) of the Taxation (GST and Miscellaneous Provisions) Act 2000 (2000 No 39).

Section 58(3): amended, on 2 June 2016, by section 198 of the Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 (2016 No 27).

Section 58(3): amended, on 14 December 1992, by section 11(2) of the Goods and Services Tax Amendment Act (No 2) 1992 (1992 No 116).