9. Business restructure that changed the9. Business restructure that changed the entity’s current GST turnover

9. Business restructure that changed the entity’s current GST turnover

(1) An entity applies the alternative test under this section if:

(a) there was a restructure of their business, or part thereof, at, or after, the start of the relevant comparison period and before the applicable turnover test period, and

(b) the restructure changed the entity’s current GST turnover.

(2) The alternative test is:

the entity multiplies the current GST turnover from the month immediately after the month in which a restructure occurred by three and uses that figure instead of the entity’s current GST turnover for a relevant comparison period, that is a quarter, for the purposes of section 8, section 8A and section 8B of the Rules.

(3) For the purposes of subsections (2) and (4), if there is no whole month after the restructure and before the applicable turnover test period, then use the month immediately before the applicable turnover test period.

(4) If the relevant comparison period is a calendar month, the entity uses the current GST turnover from the month immediately after the month in which the restructure occurred instead of the entity’s current GST turnover for a relevant comparison period for the purposes of section 8 and section 8A of the Rules.

Note: This subsection is only applicable for the decline in turnover test under section 8 of the Rules including section 8A of the Rules (if applicable).

(5) For the purposes of subsections (2), (3) and (4), if the entity:

(a) qualified for the ATO’s Bushfires 2019–20 lodgment and payment deferrals, then the entity may exclude the months covered by the Bushfires 2019–20 lodgment and payment deferrals and use the nearest month before or after the restructure as appropriate, unless the months covered by the concession are the only months available, or

(b) received Drought Help concessions, then the entity may exclude the months covered by the Drought Help concessions and use the nearest month before or after the restructure as appropriate, unless the months covered by the concession are the only months available.

10. Business had substantial increase in current GST turnover

(1) An entity applies the alternative test under this section if the entity had an increase in the entity’s current GST turnover of:

(a) 50% or more in the 12 months immediately before:

(i) the applicable turnover test period; or

(ii) 1 March 2020, or

(b) 25% or more in the 6 months immediately before

(i) the applicable turnover test period; or

(ii) 1 March 2020, or

(c) 12.5% or more in the 3 months immediately before