ATO Interpretative Decision
ATO ID 2002/879 (Withdrawn)
Goods and Services Tax
GST and importation of paintings acquired before 1 July 2000 but imported after 1 July 2000FOI status: may be released
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This ATO ID is withdrawn on the basis that it is a straight application of the law and does not contain an interpretative decisionThis document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the entity, an individual, required to pay goods and services tax (GST) under section 13-15 of the A New Tax System (Goods and Services Tax) 1999 (GST Act), on their importation of paintings, where they purchased the paintings before 1 July 2000 but imported them into Australia after 1 July 2000?
Decision
Yes, the entity is required to pay GST under section 13-15 of the GST Act, on their importation of paintings, where they purchased the paintings before 1 July 2000 but imported them into Australia after 1 July 2000.
Facts
The entity is an individual. The entity purchased paintings overseas before 1 July 2000 and imported these paintings into Australia after 1 July 2000.
The importation of the paintings meets the requirements of a taxable importation in section 13-5 of the GST Act. The importation of the paintings is not a non-taxable importation as defined in section 13-10 of the GST Act.
Reasons for Decision
Section 13-15 of the GST Act provides that an entity must pay the GST payable on any taxable importation that it makes. However, section 7 of the A New Tax System (Goods and Services Tax Transition) Act 1999 (Transition Act) provides that GST is only payable on a supply or importation to the extent that it is made on or after 1 July 2000.
Although the entity purchased the paintings before 1 July 2000, they did not import the paintings into Australia until after 1 July 2000. Therefore, as it is the importation to which the GST applies and the importation was made after 1 July 2000, the entity is required to pay the GST on that importation if it is a taxable importation.
The entity's importation meets the requirements of a taxable importation under section 13-5 of the GST Act and is not a non-taxable importation as defined under section 13-10 of the GST Act. Therefore, the entity's importation of the paintings is a taxable importation.
As such, the entity is required to pay GST under section 13-15 of the GST Act, on their importation of paintings where they purchased the paintings before 1 July 2000 but imported them into Australia after 1 July 2000.
Date of decision: 22 March 2002
Legislative References:
A New Tax System (Goods and Services Tax) Act 1999
section 13-5
section 13-10
section 13-15
section 7
Keywords
Goods and services tax
Imports
Non-taxable importations
Taxable importations
GST transitional issues
ISSN: 1445-2782
| Date: | Version: | |
| 22 March 2002 | Original statement | |
| You are here | 23 December 2005 | Archived |
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