Territory taxes
29 Territory taxes
Tax is not payable by a territory-owned corporation or a subsidiary in relation to—
an exempt activity; or
an instrument or document prepared, made, executed or lodged to give effect to, or in connection with, an exempt activity; or
a transaction entered into for the purpose of an exempt activity.
If an activity, instrument, document or transaction is within a paragraph of subsection (1), the Treasurer must certify in writing that the activity, instrument, document or transaction is one to which subsection (1) applies.
A certificate under this section is evidence of the matters stated in the certificate.
This section does not apply to a territory-owned corporation prescribed for the Taxation (Government Business Enterprises) Act 2003, section 9 or to a subsidiary of such a corporation.
In this section:
exempt activity means—
the incorporation of a relevant company; or
the acquisition of shares in a relevant company; or
the issue or transfer of shares in a relevant company; or
the transfer of assets from the Territory or a territory authority to a relevant company; or
the assumption of responsibility by a relevant company for a liability of the Territory or a territory authority; or
an activity or thing necessary to give effect to, or incidental to, another exempt activity.
relevant company means—
a territory-owned corporation; or
a subsidiary; or
a company that the Portfolio Minister certifies in writing that it is intended will become a territory-owned corporation or subsidiary.
tax includes a duty, fee, levy or charge payable under an Act.
This Act’s bill:Explanatory statement
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