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Private Import Tax Amendment Act 1992-93

COOK ISLANDS

PRIVATE IMPORT TAX AMENDMENT 1992-93

ANALYSIS

Title
1. Short Title
2. Private Import Tax
3. First Schedule

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1992-93, No. 19

An Act to amend the Private Import Tax Act 1984

(8 June 1993)

BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same, as follows:

1. Short Title - This Act may be cited as the Private Import Tax Amendment Act 1992-93 and shall be read together with and deemed part of the Private Import Amendment Tax Act 1984 (hereinafter referred to as "the principal Act").

2. Private Import Tax - Section 4 of the principal Act is amended by repealing subsection (2), and substituting the following subsections.

"(2) Subject to subsection (2A), and notwithstanding anything in subsection (1), nothing in this Act shall apply to goods –

(a) imported into the Cook Islands for the purpose of being sold, by a person liable to pay turnover tax pursuant to the provisions of the Turnover Tax Act 1980; and

(b) where the gross receipts derived if the goods were sold in the course of that person carrying on business, would be sold in subject to turnover tax.

(2A) Subsection (2) shall only apply where the importer has first provided 'a declaration to the Collector of Customs in a form to be prescribed by the Collector of Customs, to the effect that the provisions of paragraphs (a) and (b) of that subsection apply in respect of the goods imported".

3. First Schedule - The First Schedule to the principal Act is amended by repealing reference 5, and substituting the following new reference -

"5. Passengers' baggage and effects admitted free of duty and import levy under reference 85 of Part 11 of the Customs Tariff Act 1980."

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This Act is administered by the Customs Department.