SALES TAX ASSESSMENT ACT 1992 (Repealed)

PART 3 - LIABILITY TO TAX

Division 3 - Taxable value

Subdivision B - Additions to taxable value

SECTION 35 (Repealed by 101 of 2006)   TAXABLE DEALING WITH GOODS THAT ARE THE CONTENTS OF A CONTAINER  

35(1)  [Taxable value to include component for containers]  

This section deals with situations in which a container is associated with goods ( ``the contents'' ) that are the subject of a taxable dealing. The aim of this section is to ensure that the taxable value will include a component for the container, even though the parties may have allocated a separate amount to the container.

35(2)  [Taxable value to increase by amount recouped]  

If:

(a)  the taxable value of the dealing is calculated by reference to the price (excluding tax) for which the contents were sold; and

(b)  the parties have allocated a separate amount to the container;

then the taxable value is increased by so much of the value of the container as is recouped by the seller in connection with the sale of the contents.

35(3)  [Taxable value to increase by amount expected to be recouped]  

If the taxable value of the dealing is not calculated as mentioned in subsection (2), then the taxable value is increased by so much of the value of the container as could reasonably be expected to have been recouped by the taxpayer in connection with a hypothetical sale of the contents at the time of the actual taxable dealing with the contents.

35(4)  [Section not to apply]  

This section does not apply if the container is a shipping container covered by exemption Item 60.