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))
ariseswhen 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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