A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

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    View history reference

Subdivision 84-C - Offshore supplies of low value goods    View history reference

84-83  Exception - when supplier reasonably believes there will be a taxable importation  

 View history reference

(1)  

This section does not apply to a supply to the extent it is *connected with the indirect tax zone because of a provision of this Act other than this Subdivision.

(2)  

An *offshore supply of low value goods is not connected with the indirect tax zone to the extent that:


(a) the supplier takes reasonable steps to obtain information about whether or not the goods would be imported into the indirect tax zone as a *taxable importation; and


(b) after taking those steps, the supplier reasonably believed that the goods would be imported into the indirect tax zone as a taxable importation.

(3)  

Without limiting subsection (2), paragraph (2)(a) is taken to be satisfied if the supplier's usual business systems and processes provide the supplier with a reasonable basis for forming a reasonable belief about whether or not goods to be imported into the indirect tax zone would be imported as a *taxable importation.

(4)  

For the purposes of paragraph (2)(b), the time at which the supplier must have the reasonable belief is:


(a) if subsection 84-81(4) (about redeliverers treated as suppliers) does not apply - at the most recent time before export that the *consideration for the supply was agreed; or


(b) if subsection 84-81(4) applies - at the time of delivering the goods into the indirect tax zone, or procuring, arranging or facilitating the delivery of the goods into the indirect tax zone.

(5)  

This section has effect despite section 84-75.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page