A New Tax System (Goods and Services Tax) Act. Australia
apportionment of creditable purpose
Division 131
1
Associates
Division 72
2
Company amalgamations
Division 90
2A
Compulsory third party schemes
Division 79
3
Financial supplies (reduced credit acquisitions)
Division 70
3A
Fringe benefits provided by input taxed suppliers
Division 71
4
Gambling
Division 126
5
GST groups
Division 48
6
GST joint ventures
Division 51
6A
GST religious groups
Division 49
7
Insurance
Division 78
8
Non-deductible expenses
Division 69
8A
Offshore supplies other than goods or real property
Division 84
9
Pre-establishment costs
Division 60
10
Reimbursement of employees etc.
Division 111
10A
Representatives of incapacitated entities
Division 58
11
Resident agents acting for non-residents
Division 57
13
Sale of freehold interests etc.
Division 75
14
Second-hand goods
Division 66
15
Settlement sharing arrangements
Division 80
16
Time limit on entitlements to input tax credits
Division 93
Part 2–3—Importations
Division 13—Taxable importations
13-1 What this Division is about
GST is payable on taxable importations. This Division defines taxable importations, states who is liable for the GST and describes how to work out the GST on importations.
Note 1: This Division applies whether or not you are registered.
Note 2: Things other than goods that are supplied overseas for use in Australia (and are therefore in that sense “imported”) are not taxable importations, but they can attract GST under Division 84.
13-5 What are taxable importations?
(1) You make a taxable importation if:
(a) goods are imported; and
(b) you enter the goods for home consumption (within the meaning of the Customs Act 1901).
However, the importation is not a taxable importation to the extent that it is a *non-taxable importation.
Note: There is no registration requirement for taxable importations, and the importer need not be carrying on an enterprise.
(3) However, an importation of *money is not an importation of goods into Australia.
13–10 Meaning of non-taxable importation
An importation is a non-taxable importation if:
(a) it is a non-taxable importation under Part 3–2; or
(b) it would have been a supply that was *GST-free or *input taxed if it had been a supply.
13–15 Who is liable for GST on taxable importations?
You must pay the GST payable on any *taxable importation that you make.
13–20 How much GST is payable on taxable importations?
(1) The amount of GST on the *taxable importation is 10 % of the *value of the taxable importation.
(2) The value of a *taxable importation is the sum of:
(a) the *customs value of the goods imported; and
(b) the amount paid or payable:
(i) for the *international transport of the goods to their *place of consignment in Australia; and
(ii) to insure the goods for that transport;
to the extent that the amount is not already included under paragraph (a); and
(ba) the amount paid or payable for a supply to which item 5A in the table in subsection 38-355(1) applies, to the extent that the amount:
(i) is not an amount, the payment of which (or the discharging of a liability to make a payment of which), because of Division 81 or regulations made under that Division, is not the provision of *consideration; and
Note: Division 81 excludes certain taxes, fees and charges from the provision of consideration.
(ii) is not already included under paragraph (a) or (b); and
(c) any *customs duty payable in respect of the importation of the goods; and
(d) any *wine tax payable in respect of the *local entry of the goods.
(2A) If an amount to be taken into account under paragraph (2)(b) or (ba) is not an amount in Australian currency, the amount so taken into account is the equivalent in Australian currency of that amount, ascertained in the way provided in section 161J of the Customs Act 1901.
(3) The Commissioner may, in writing:
(a) determine the way in which the amount paid or payable for a specified kind of transport or insurance is to be worked out for the purposes of paragraph (2)(b); and
(b) determine the way in which the amount paid or payable for a specified kind of supply referred to in paragraph (2)(ba) is to be worked out for the purposes of that paragraph; and
(c) in relation to importations of a specified kind or importations to which specified circumstances apply — determine that:
(i) the amount paid or payable for a specified kind of transport or insurance is taken, for the purposes of paragraph (2)(b), to be zero; or
(ii) the amount paid or payable for a specified kind of supply referred to in paragraph (2)(ba) is taken, for the purposes of that paragraph, to be zero.
13–25 The value of taxable importations that are partly non-taxable importations
If an importation (the actual importation) is:
(a) partly a *taxable importation; and
(b)