Taxation Laws Amendment Act (No. 8) 2000 (156 of 2000)

Schedule 2   Imports

A New Tax System (Goods and Services Tax) Act 1999

9   At the end of Division 117

Add:

117-10 Valuation of taxable importations of live animals that were exported

(1) If there is a*taxable importation of a live animal that was exported, and the difference between:

(a) what would have been the value of the importation if this section did not apply; and

(b) what would have been the value of a taxable importation of the animal if it had been imported immediately before the time of the exportation;

is greater than zero, the value of the*taxable importation is an amount equal to that difference.

(2) In any other case, the value of a*taxable importation of a live animal that was exported is nil.

(3) However, this section does not apply if the ownership of the animal when it is imported is different from its ownership when it was last exported.

(4) This section has effect despite subsection 13-20(2) (which is about the value of taxable importations).

117-15 Refunds of GST on certain re-importations of live animals

(1) If:

(a) you were liable to pay the GST on a*taxable importation to which section 117-10 applied; and

(b) the importation was not a*creditable importation; and

(c) the circumstances specified in the regulations occur;

the Commissioner must, on behalf of the Commonwealth, pay to you an amount equal to the amount of the GST payable on the taxable importation.

(2) The amount is payable within the period and in the manner specified in the regulations.