SAMOA

Value Added Goods and Services Tax Amendment ACT

2002, No. 12

Arrangement of Provisions

1. Short title and commencement
2. Imposition of value added goods and services tax on supply
3. Imposition of value added goods and services tax on imports
4. Imposition of value added goods and services tax on goods liable to excise duty and supplied at "in bond" prices
5. Transitional

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AN ACT to amend the Value Added Goods and Services Tax Act 1992/1993.

[28th June 2002]

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-

1. Short title and commencement - (1) This Act may be cited as the Value Added Goods and Services Tax Amendment Act 2002 and shall be read with and form part of the Value Added Goods and Services Tax Act 1992/1993 (the principal Act).

(2) This Act shall come into force on the 1st October 2002.

2. Imposition of value added goods and services tax on supply - (1) Section 9(1) of the principal Act is amended by deleting the number "10" and inserting the number "12.5".

(2) This section shall apply to supplies made on or after the 1st October 2002.

3. Imposition of value added goods and services tax on imports - (1) Section 13(1) of the principal Act is amended by deleting the number "10" and inserting the number "12.5".

(2) This Section shall apply to the importation of goods on or after the 1st October 2002.

4. Imposition of value added goods and services tax on goods liable to excise duty and supplied at "in bond" prices - (1) Section 14(1) of the principal Act is amended by deleting the number "10" and inserting the number "12.5".

(2) This section shall apply to supplies made on or after the 1st October 2002.

5. Transitional - Section 73 of the principal Act is amended by insertion of the following after subsection (4):

"(5) Until June 30th 2003 and despite the provisions of the Act, the Commissioner may exercise his discretion to allow value added goods and services tax imposed under section 9 to be calculated at the rate of 10 percent where:

(a) The change of the rate of such tax effected by the Value Added Goods and Services Tax Amendment Act 2002 entails serious hardship for a supplier concerning any agreement or contract the supplier has entered into in respect of the supply of goods and services with a recipient; and

(b) The other provisions of this section do not provide relief from such hardship for the supplier: and

(c) The amount of any taxation revenue foregone in respect of any supplier as a result of the Commissioner exercising his discretion under this subsection is no greater than $1000."

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