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A NEW TAX SYSTEM (INDIRECT TAX AND CONSEQUENTIAL AMENDMENTS) ACT (NO. 2) 1999 NO. 177, 1999 - SCHEDULE 2

- Indirect tax transition

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

1 Paragraph 11(1A)(a)

Repeal the paragraph.

2 Before subsection 11(2)

Insert:

(1B)
This section does not apply to:

(a)
a supply of a long-term lease made before 1 July 2000; or

(b)
a supply of a voucher made before 1 July 2000 if, on redemption of the voucher, the holder of the voucher is entitled to supplies up to a monetary value stated on the voucher.

3 Subsection 11(4)

Repeal the subsection, substitute:

(4)
If this section has an effect in relation to a supply, it has a corresponding effect in relation to the acquisition to which the supply relates.

4 After subsection 12(1)

Insert:

(1A)
However, this section does not apply to a supply of a warranty (whether express, implied or required by law) that relates to goods or a service, if the value of the warranty was included in the price of the goods or service.

5 At the end of section 12

Insert:

(4)
This section does not apply to a supply of a long-term lease made before 1 July 2000.

(5)
In this section:

warranty , in relation to goods or a service, means an undertaking or obligation in relation to:

(a)
the quality, performance or characteristics of the goods or service; or

(b)
the provision of services that are or may at any time be required in respect of the goods or service; or

(c)
the supply of parts that are or may at any time be required for the goods;

given or made in connection with the supply of the goods or service.

(6)
If this section has an effect in relation to a supply, it has a corresponding effect in relation to the acquisition to which the supply relates.

6 Subsection 14(2)

Repeal the subsection, substitute:

(2)
To the extent that the supply is constituted by the supply of the right, so much of the supply as is made before 1 July 2000 is instead taken, for the purposes of this Act, to be made on 1 July 2000.

7 At the end of section 14

Add:

(6)
If this section has an effect in relation to a supply, it has a corresponding effect in relation to the acquisition to which the supply relates.

8 Section 15

Repeal the section, substitute:

15 Funeral agreements

(1)
If, before 1 July 2000, you enter, or have entered, into an agreement for a supply consisting of the provision of a funeral (or a right to the provision of a funeral):

(a)
section 11 and this Part (apart from this section) do not apply; and

(b)
the supply of any right under the agreement relating to the provision of a funeral is taken to be a supply made on or after 1 July 2000 only if the funeral is provided on or after that day.

(2)
If you entered into the agreement before 1 December 1999 and the funeral is provided on or after 1 July 2000, the supply is GST-free to the extent that the consideration for the supply is paid before the earlier of the following:

(a)
1 July 2005;

(b)
if a review opportunity (within the meaning of subsection 13(5)) arises—when that opportunity arises.

9 At the end of subsection 16(1)

Add:

Note: In some cases relating to alcoholic beverages, subsections 16A(3) and 16B(3) prevent special credits arising.

10 At the end of paragraph 16(2)(b)

Add ", if those goods are opened stock".

11 At the end of subsection 16(2)

Add:

; (c) wine within the meaning of the A New Tax System (Wine Equalisation Tax) Act 1999 .

12 At the end of subsection 16(3)

Add:

Note: In some cases relating to alcoholic beverages, subsections 16A(2) and 16B(2) reduce the amounts of special credits.

13 After subsection 16(3)

Insert:

(3A)
However, if the amount of sales tax you have borne in respect of the goods changes after 1 July 2000, the amount of the special credit changes accordingly.

14 Subsection 16(4)

Omit "before 22 January 2001", substitute "for a tax period that ends before 7 January 2001".

15 Subsection 16(4A)

Repeal the subsection, substitute:

(4A)
If the amount of the special credit changes under subsection (3A) after you lodged that return, you must lodge with the Commissioner an amended GST return for that tax period. You must lodge it on or before the 21st day of the month following the end of the tax period in which the change happens.

16 After section 16

Insert:

16A Special GST credit for certain alcoholic beverages on which duty has increased

(1)
This section applies to goods if:

(a)
you are entitled to a special credit under section 16 in respect of the goods (or would be so entitled apart from subsection (3) of this section); and

(b)
they are goods mentioned in subsection 15A(1) (alcoholic beverages) of the Sales Tax (Exemptions and Classifications) Act 1992 ; and

(c)
either:

(i)
an amount of excise duty or customs duty (the old duty amount ) in respect of the goods was paid before 1 July 2000; or
(ii)
the goods were delivered into home consumption before 1 July 2000 under a permission given under subsection 61C(1) of the Excise Act 1901 or granted under subsection 69(3) of the Customs Act 1901 , and an amount of excise duty or customs duty (the old duty amount ) was or is payable in respect of the goods; and
(d)
were excise duty or customs duty (whichever is applicable) instead to become payable on the goods immediately after 1 July 2000, the amount of that duty (the new duty amount ) would be greater than the old duty amount.

(2)
The amount of the special credit in respect of the goods is reduced by an amount equal to the difference between the new duty amount and the old duty amount.

(3)
However, there is no special credit in respect of the goods if the difference between the new duty amount and the old duty amount equals or exceeds what would (apart from this section) be the amount of the special credit.

16B Special GST credit for certain alcoholic beverages on which duty would not previously have been paid
(1)
This section applies to goods if:

(a)
you are entitled to a special credit under section 16 in respect of the goods (or would be so entitled apart from subsection (3) of this section); and

(b)
they are goods mentioned in subsection 15A(1) (alcoholic beverages) of the Sales Tax (Exemptions and Classifications) Act 1992 ; and

(c)
immediately before 1 July 2000, the goods were not:

(i)
excisable goods (within the meaning of the Excise Act 1901 ); or
(ii)
goods of a kind in respect of which customs duty was imposed by the Parliament, or goods the subject of a Customs Tariff or Customs Tariff proposed in the Parliament; and
(d)
immediately after 1 July 2000, the goods became goods of a kind referred to in subparagraph (c)(i) or (ii).

(2)
The amount of the special credit in respect of the goods is reduced by an amount (the new duty amount ) equal to what would be the excise duty or customs duty (whichever is applicable) in respect of the goods if that duty were to become payable immediately after 1 July 2000.

(3)
However, there is no special credit in respect of the goods if the new duty amount equals or exceeds what would (apart from this section) be the amount of the special credit.

(4)
To avoid doubt, goods that are subject to a "free" rate of duty, or which, under a Customs Tariff proposed in the Parliament, would be subject to a "free" rate of duty, are not goods of a kind referred to in subparagraph (1)(c)(ii).

16C Special petroleum credits
(1)
You are entitled to a special petroleum credit if:

(a)
you are registered as at 1 July 2000; and

(b)
you have on hand, at the start of 1 July 2000, goods you acquired or imported that are held for the purposes of sale or exchange (but not for manufacture) in the ordinary course of business; and

(c)
the goods are petroleum products of a kind specified in the regulations; and

(d)
either:

(i)
an amount of excise duty or customs duty (the old duty amount ) in respect of the goods was paid before 1 July 2000; or
(ii)
the goods were delivered into home consumption before 1 July 2000 under a permission given under subsection 61C(1) of the Excise Act 1901 or granted under subsection 69(3) of the Customs Act 1901 , and an amount of excise duty or customs duty (the old duty amount ) was or is payable in respect of the goods; and
(e)
were excise duty or customs duty (whichever is applicable) instead to become payable on the goods after 1 July 2000, the amount of that duty (the new duty amount ) would be less than the old duty amount.

(2)
The amount of the special petroleum credit in respect of the goods is an amount equal to the difference between the old duty amount and the new duty amount.

(3)
The Commissioner must, on behalf of the Commonwealth, pay the special petroleum credit to you or, as provided in the regulations, to another person on your behalf. The payment must be made within the period and in the manner specified in the regulations.

17 Subsection 18(1)

Repeal the subsection, substitute:

(1)
Division 66 of the GST Act applies to second-hand goods you acquired before 1 July 2000 only if:

(a)
you held them at the start of that day for the purposes of sale or exchange (but not for manufacture) in the ordinary course of business; and

(b)
you had not previously held them for any other purpose.

(1A)
However, if:

(a)
because of this section, you are entitled to an input tax credit for an acquisition of second-hand goods; and

(b)
the * consideration for the acquisition was $300 or less;

the input tax credit is treated as though it were an input tax credit attributable to any one tax period of your choice.

18 At the end of section 20

Add:

(5)
If you are not entitled to an input tax credit on an acquisition because of this section, sections 21-15 and 21-20 of the GST Act do not apply to you in relation to that acquisition.

(6)
If an input tax credit to which you are entitled is reduced by 50% because of this section, then, for the purposes of applying section 21-15 or 21-20 of the GST Act (where relevant), the amount of any adjustment under that section is reduced by 50% (before any application of Division 136 of that Act).

19 Subsections 22(1) and (2)

Omit "is not a taxable supply", substitute "does not give rise to any adjustment, and is not a taxable supply, under Division 78 of the GST Act".

20 Subsections 22(3) and (4)

Repeal the subsections.

21 Section 23

Repeal the section, substitute:

23 Input tax credits relating to compulsory third party schemes

(1)
You are not entitled to an input tax credit for:

(a)
a premium, contribution or similar payment made under, or a levy paid in connection with, a compulsory third party scheme before 1 July 2003; or

(b)
a premium paid, before 1 July 2003, on an insurance policy issued under a compulsory third party scheme.

(2)
A compulsory third party scheme is:

(a)
a statutory compensation scheme; or

(b)
a scheme or arrangement, established by an Australian law, under which insurance policies are issued;

that is specified in the regulations, or that is of a kind specified in the regulations.

22 After section 23

Insert:

23A Disclosure before 1 July 2000 of entitlement to input tax credits for insurance premiums

Section 78-50 of the GST Act does not apply to an entity in relation to an insurance policy supplied before 1 July 2000 if, before that day, the entity informed the insurer of the extent to which the entity was entitled to an input tax credit for the premium it paid.

23 At the end of Part 5

Add:

24A Unredeemed vouchers

Section 100-15 of the GST Act applies to vouchers supplied before 1 July 2000, and not redeemed before that day, in the same way that it applies to vouchers supplied after that day.



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