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

Chapter 4 - The special rules  

Part 4-2 - Special rules mainly about supplies and acquisitions  

Note:

The special rules in this Part mainly modify the operation of Part 2-2 , but they may affect other Parts of Chapter 2 in minor ways.

Division 84 - Offshore supplies  

Subdivision 84-C - Offshore supplies of low value goods  

84-79   Meaning of supply of low value goods  

(1)  
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.

(5)  
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.


 

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