Customs Act 1901

PART VAA - SPECIAL PROVISIONS RELATING TO EXCISE-EQUIVALENT GOODS  

SECTION 105D   GST MATTERS  

105D(1)  
This section applies if:


(a) excise-equivalent goods are entered for warehousing; and


(b) excisable goods are manufactured and the excise-equivalent goods are used in that manufacture; and


(c) the excise-equivalent goods are subject to customs control at the time they are used in that manufacture.

105D(2)   Taxable importation  

For the purposes of the GST Act, the importer of the excise-equivalent goods is taken to have entered them for home consumption at the time the excisable goods are manufactured.

Note:

Section 13-5 of the GST Act deals with taxable importations of goods entered for home consumption.

105D(3)   Deferred payment of GST  

If the importer of the excise-equivalent goods is an approved entity at the time the excisable goods are manufactured, then for the purposes of the GST Act and the GST regulations the importer is taken to have entered the excise-equivalent goods for home consumption by computer at that time.

Note:

Regulations made for the purposes of paragraph 33-15(1)(b) of the GST Act deal with deferred payment of assessed GST on taxable importations and require goods to have been entered for home consumption by computer.

105D(4)   Definitions  

In this section:

approved entity
means an entity approved under regulations made for the purposes of paragraph 33-15(1)(b) of the GST Act.

GST regulations
means regulations made under the A New Tax System (Goods and Services Tax) Act 1999 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.