SALES TAX ASSESSMENT ACT 1992 (Repealed)

SCHEDULE 1

LTABLES

TABLES

LTABLE NUM=1

Table 1: Assessable dealings

Notes :

1. Table 1 does not apply to a dealing with goods unless the goods are assessable goods immediately before the time of the dealing, and are in Australia at the time of the dealing.

2. In Table 1:

``notional wholesale purchase price'' means the price (excluding sales tax) for which the taxpayer could reasonably have been expected to purchase the goods by wholesale under an arm's length transaction;

``notional wholesale selling price'' means the price (excluding sales tax) for which the taxpayer could reasonably have been expected to sell the goods by wholesale under an arm's length transaction.

3. The numbering of items in the Table uses the following pattern:

For Australian goods, the dealings are divided into 4 groups:

- wholesale sales begin with AD1

- retail sales begin with AD2

- an AOU begins with AD3

- miscellaneous dealings begin with AD4.

Imported goods have an additional class of local entry (AD10). The other dealings with imported goods have a number that is 10 higher than the broadly corresponding dealing with Australian goods. For example, AD12b for imported goods corresponds to AD2b for Australian goods.

View history note

LTABLE NUM=2

Table 2: Local entry of imported goods

*For amendments to this local entry, see history note at the end of the table.

Note :

1. If goods are deemed to be entered for home consumption under the Customs Act at a time before the goods are imported, the local entry of the goods is taken to occur immediately after the time of importation.

View history note

LTABLE NUM=3

Table 3: Credit grounds

* For amendments to this credit ground, see history note at the end of the table.

View history note

History

CR2: CR2 col [3] amended by No 150 of 1992, s 16(a), effective 11 December 1992. Column [3] formerly read:

Claimant has borne tax on a tax-bearing dealing for which the claimant was entitled to quote a registration number (whether or not the claimant quoted). If the claimant has applied the goods to own use, the claimant must also have been entitled to quote a registration number at the time of the application to own use.

CR2A: CR2A inserted by No 169 of 1995, item 10 of Pt 2 of Sch 9, applicable to dealings with goods after 16 December 1995.

CR7: CR7, col [3] substituted by No 18 of 1993, s 70(a), applicable to taxable dealings with goods taking place after 26 May 1993. Column [3] formerly read:

Claimant is the taxpayer for an assessable dealing with goods ( `the output goods' ) that is not taxable (for any reason except section 29) and has borne tax on other goods ( `the input goods' ) that have a sufficient link (as defined by section 52) with the output goods.

CR8A: CR8A inserted by No 18 of 1993, s 70(b), applicable to taxable dealings with goods taking place after 26 May 1993.

CR9: CR9 substituted by No 150 of 1992, s 16(b), effective 11 December 1992. CR9 formerly read:

CR13: CR13 amended by No 150 of 1992, s 16(c)-(d), effective 11 December 1992. CR13 formerly read:

CR20A: CR20A inserted by No 138 of 1994, s 123, effective 23 December 1993.

CR21: CR21, col [3], substituted by No 150 of 1992, s 16(e), effective 11 December 1992. Column [3] of CR21 formerly read:

Claimant has paid tax on an assessable dealing that is a sale or AD4a, and has later written off some or all of the price for which the goods were sold or the making-up charge, as the case requires.

CR22: CR22, col [4], substituted by No 138 of 1994, s 158, effective 28 November 1994. Column [4] formerly read:

the tax borne on the goods.

CR22 inserted by No 118 of 1993, s 138, applicable to taxable dealings with goods taking place on or after 1 January 1993.

CR23: CR23 inserted by No 138 of 1994, s 135, applicable to the alteration of goods that occurs on or after 1 January 1993.

CCH Note: CR23 previously provided a transitional credit ground applicable to purchases by the RSPCA. Section 146 of No 118 of 1993, applicable to taxable dealings with goods taking place on or after 13 March 1993 and before 24 December 1993, states that Table 3 is to be read as if the following credit ground were added:

CR24: S 154(1) of No 138 of 1994, applicable to taxable dealings with goods taking place on or after 15 December 1993 and before 28 November 1994, states that the Sales Tax Assessment Act 1992 is to apply as if CR24 were added at the end of Table 3.

S 154 of No 138 of 1994 further specifies that:

(2)
If a taxpayer is entitled to a credit for a transitional RHQ company dealing, the reference in paragraph (1)(b) of exemption Item 38A of the Principal Act as amended by this Division to the day on which the first goods covered by that Item are locally entered for use by the RHQ company concerned is a reference to the day on which the first goods that are the subject of a transitional RHQ company dealing are locally entered for use by that transitional RHQ company.
(3)
A dealing with imported goods is a `transitional RHQ company dealing' if:
(a) the goods are computer related equipment for use by a transitional RHQ company mainly in providing regional headquarters support; and
(b) at all times during the 9 months before the local entry, the goods:
(i) were in existence; and

(ii) were owned or leased by:
(A) the transitional RHQ company; or

(B) a company ( `the RHQ group company' ) that, at the time of the local entry, was a group company in relation to the transitional RHQ company; or

(C) a company that is a group company in relation to the RHQ group company; and

(iii) were not leased or subleased to a person who is not covered by subparagraph (ii); and

(c) the dealing is after 14 December 1993 and before the commencement of this section.
(4)
The Treasurer may determine that a pre-approved company, or a group company in relation to a pre-approved company, is a `transitional RHQ company' .
(5)
The determination must:
(a) specify the day on which the company commences to be a transitional RHQ company; and
(b) contain any other information as the Treasurer considers appropriate.
(6)
A company is a `pre-approved company' if:
(a) before 15 December 1993, the Treasurer, or another Minister, agreed in writing to provide the company with:
(i) a sales tax exemption for equipment; or

(ii) compensation for sales tax paid on equipment;

where the equipment was imported into Australia and was owned by the company for at least 9 months before importation; or
(b) on or after 15 December 1993, and before the commencement of this section, the Treasurer agreed in writing to give to the company conditional approval as an RHQ company.
(7)
Determinations made under subsection (4) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
(8)
In this section, `computer related equipment' , `provide regional headquarters support' and `RHQ company' have the same meaning as in exemption Item 38A of the Principal Act as amended by this Division.
(9)
In this section:
`group company' has the same meaning as in the Principal Act as amended by this Division.

CR25: S 165 of No 138 of 1994, applicable to taxable dealings with goods after 30 June 1993 and before 28 November 1994, states that the Sales Tax Assessment Act 1992 is to apply as if CR25 were added at the end of Table 3.

CR26: CR26 inserted by No 16 of 1998, Sch 2 item 24, effective 16 April 1998.

LTABLE NUM=3a

Table 3A: Transitional credit grounds

View history note

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