A New Tax System (Goods and Services Tax) Act 1999
Note:Division 84 - Offshore supplies
A supply of goods is a supply of low value goods if:
(a) the goods supplied are covered by subsection (3); or
(b) the goods supplied include goods covered by subsection (3). (2)
However, if the goods supplied include goods that are not covered by subsection (3), then the supply of goods (the actual supply ) is to be treated as if it were 2 separate supplies in the following way:
(a) the part of the actual supply consisting of goods covered by subsection (3) is to be treated as if it were a separate supply that is a supply of low value goods (regardless of the total *customs value of the goods to which those supplies relate); and
(b) the remainder of the actual supply is to be treated as if it were a separate supply that is not a supply of low value goods . Low value goods (3)
This subsection covers goods if:
(a) the *customs value of the goods is $1,000 or less; and
(b) the goods are not tobacco, tobacco products or alcoholic beverages. (4)
Work out the *customs value of goods for the purposes of this section at the time when the *consideration for the supply was first agreed, and as if:
(a) the goods were exported from the country from which they were brought to the indirect tax zone; and
(b) the goods were imported into Australia; and
(c) the agreement for the supply was an agreement for the importation and for the exportation; and
(d) to the extent that working out the value involves an assumption about the way in which the Collector (within the meaning of the Customs Act 1901 ) will exercise a discretion - the Collector exercised that discretion in a reasonable manner in accordance with law; and
(e) if an amount to be taken into account in working out that value is not an amount in Australian currency, the amount so taken into account is the equivalent in Australian currency of that amount, ascertained in any of the following ways:
(i) in the way provided in section 161J of the Customs Act 1901 ;
(ii) in the manner determined by the Commissioner under subsection (5) of this section.
The Commissioner may, by legislative instrument, determine a manner of ascertaining an amount in Australian currency for the purposes of paragraph (4)(e). (6)
Disregard section 84-81 in applying this section.
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.