goods tax (amendment) act 2018

(No. 7 of 2018)

GOODS TAX (AMENDMENT) act 2018
(No. 7 of 2018)
PASSED by the National Parliament this twenty-seventh day of August 2018.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)

Clezy Rore
Clerk to National Parliament

ASSENTED to in Her Majesty’s name and on Her Majesty’s behalf this seventh day of September 2018.

Sir Frank Utu Ofagioro Kabui
Governor-General

Date of Commencement: see section 2. 

AN ACT TO AMEND THE GOODS TAX ACT (CAP. 122) IN RELATION TO THE WAY THE SALE VALUE OF CERTAIN GOODS IS CALCULATED, AND FOR RELATED PURPOSES
ENACTED BY THE NATIONAL PARLIAMENT OF SOLOMON ISLANDS.

GOODS TAX (AMENDMENT) act 2018

Table of provisions
PART 1 	PRELIMINARY MATTERS

1	Short title
2	Commencement

PART 2 	AMENDMENT OF GOODS TAX ACT (CAP. 122)

3	Act amended
4	Section 21 amended
5	Section 22 amended
6	Section 23 amended
7	Section 25 amended
8	Section 26 amended
9	Section 28 amended
10	Sections 33 and 38 amended

PART 2 	AMENDMENT OF GOODS TAX REGULATIONS

11	Regulations amended
12	Goods Tax Regulations

GOODS TAX (AMENDMENT) ACT 2018
PART 1	PRELIMINARY MATTERS
1	Short title
This Act may be cited as the Goods Tax (Amendment) Act 2018.
2	Commencement
This Act commences on the day appointed by the Minister by notice in the Gazette.
PART 2	AMENDMENT OF GOODS TAX ACT (CAP. 122)
3	Act amended
This Part amends the Goods Tax Act (Cap. 122).
4	Section 21 amended
Section 21 is amended by:
(a)	in paragraph (b), deleting “his certificate in respect of the entry,“ and substituting “his or her certificate in respect of the entry; or”; and
(b)	inserting the following new paragraph after paragraph (b):
“(c) a registered person who quotes his or her certificate in respect of the entry;”.
5	Section 22 amended
Section 22(1) is amended by deleting “21” and substituting “21(1)(a) and (b)”. 
6	Section 23 amended
Section 23(a) is amended by deleting “21(1)” and substituting “21(1)(a) or (b)”. 
7	Section 25 amended
	(1)	Section 25(1) is amended by deleting “For the purpose” and substituting “Subject to subsection (1A), for the purpose”. 
	(2)	Section 25 is amended by inserting the following new subsection after subsection (1):
“(1A)	The minimum sale value of the goods is an amount equal to 130% of the sum of:

(a) the customs value of the goods as determined in accordance with the Customs and Excise Act (Cap. 121); and

(b) the amount of customs duty (if any) that is, or may become, payable in respect of the goods.”.

8	Section 26 amended
	(1)	Section 26 is amended by deleting “For the purpose” and substituting “(1)	Subject to subsection (2), for the purpose”. 
	(2)	Section 26 is amended by inserting the following new subsection after subsection (1) (as renumbered):
“(2)	The minimum sale value of the goods is an amount equal to 130% of the sum of:

(a) the customs value of the goods as determined in accordance with the Customs and Excise Act (Cap. 121); and

(b) the amount of customs duty (if any) that is, or may become, payable in respect of the goods.”.

9	Section 28 amended
Section 28(1) is amended by deleting “, where no specific provisions apply,”. 
10	Sections 33 and 38 amended
Sections 33 and 38 are amended by deleting “21” and substituting “21(1)(a) or (b)”. 
PART 2	AMENDMENT OF GOODS TAX REGULATIONS
11	Regulations amended
This Part amends the Goods Tax Regulations.
12	Goods Tax Regulations
Regulation 31 of the Goods Tax Regulations (LN 9 of 1993) is amended by:
(a)	inserting (1) before “A person”; and
(b)	in subsection (1), deleting “21” and substituting “21(a) or (b)”; and
(c)	inserting the following new subsection at the end:
“(2)	This regulation does not apply to a registered person who quotes his or her certificate in relation to the entry of the goods.”