This Act may be cited as the Goods and Services Tax Amendment Act (No. 2) 1990, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 (hereinafter referred to as the principal Act).

(2)

Except as otherwise provided in this Act, this Act shall come into force on the day on which it receives the Royal assent.

2 Taxable periods

(1)

Section 15(1) of the principal Act (as substituted by section 2(1) of the Goods and Services Tax Amendment Act (No. 2) 1988) is hereby amended by repealing paragraphs (c) and (d) (as amended by section 9 of the Goods and Services Tax Amendment Act (No. 2) 1989), and substituting the following paragraphs:

“(c)

Category C, with taxable periods of 6 months ending on the last day of such 2 months in any year as are requested by the registered person:

“(d)

Category D, with taxable periods of 1 month ending on the last day of each month in each year.”

(2)

Section 15(2) of the principal Act (as so substituted) is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

Every registered person who is not placed in Category C pursuant to subsection (3) of this section, or in Category D pursuant to subsection (4) of this section, shall be placed by the Commissioner in either Category A or Category B, as may be requested by the registered person in writing or (in the absence of such request) as may be determined by the Commissioner.”

(3)

Section 15(7) of the principal Act (as so substituted) is hereby amended—

(a)

By inserting, after the words “anything in this section”, the words “or in section 15a(1a) of this Act”:

(b)

By inserting, after the words “subsection (1) of this section”, the words “or section 15a(1a) of this Act”.

(4)

Section 9 of the Goods and Services Tax Amendment Act (No. 2) 1989 is hereby consequentially repealed.

(5)

This section shall come into force on the 1st day of September 1990.

3 Change in registered person’s taxable period

(1)

Section 15a(1) of the principal Act (as substituted by section 2(1) of the Goods and Services Tax Amendment Act (No. 2) 1988) is hereby amended by repealing paragraph (d), and also the word “or” immediately preceding that paragraph.

(2)

Section 15A of the principal Act (as so substituted) is hereby amended by inserting, after subsection (1), the following subsection:

“(1a)

The Commissioner may, on the written application of a person who is a Category C registered person in terms of section 15(1)(c) of this Act, direct that the person’s taxable periods be changed so that each 6-monthly taxable period ends on the last day of such 2 months of any year as may have been requested by the registered person, and, where the Commissioner does so, subsections (4) and (6) of this section shall apply to any such direction as if it were a direction given under subsection (1) of this section.”

(3)

This section shall come into force on the 1st day of September 1990 and shall apply with respect to written applications made on or after that date.

4 Taxable period returns

(1)

Section 16(1) of the principal Act is hereby amended—

(a)

By omitting the words “the first day of the second month”, and substituting the words “the last working day of the month”:

(b)

By omitting from the second proviso (as added by section 14(2) of the Goods and Services Tax Amendment Act 1986) the expression “1st day of January”, and substituting the expression “last working day in December”.

(2)

Section 16(2) of the principal Act is hereby amended by omitting the words “one month after so ceasing”, and substituting the words “the last working day of the month following the month in which the cessation of registration occurred”.

(3)

This section shall apply with respect to taxable periods ending on or after the 31st day of January 1991.

(4)

For the purposes of this section, where, pursuant to section 15(7) of the principal Act, a taxable period ends within 7 days before or after the 31st day of January 1991, that taxable period shall be deemed to have ended on the 31st day of January 1991.

5 Special returns

(1)

Section 17(1) of the principal Act is hereby amended by omitting the words “first day of the second month”, and substituting the expression “last working day of the month”.

(2)

This section shall apply with respect to goods deemed to be supplied by a person pursuant to section 5(2) of the principal Act and sold on or after the 31st day of January 1991.

6 Accounting basis

(1)

Section 19(2)(b)(i) of the principal Act is hereby amended by omitting the expression “$500,000” (as substituted by section 16(1) of the Goods and Services Tax Amendment Act 1986), and substituting the expression “$1,000,000”.

(2)

Section 19(5) of the principal Act is hereby amended by omitting the words “the first day of the second month”, and substituting the words “the last working day of the month”.

(3)

Section 16(1) of the Goods and Services Tax Amendment Act 1986 is hereby consequentially repealed.

(4)

Subsections (1) and (3) of this section shall come into force on the 1st day of October 1990.

(5)

Subsection (2) of this section shall apply with respect to any particulars required to be furnished pursuant to section 19(4) of the principal Act where the last day of the taxable period during which the direction of the Commissioner is given under subsection (2) or subsection (3) of section 19 occurs on or after the 31st day of January 1991.

(6)

For the purposes of subsections (2) and (5) of this section, where, pursuant to section 15(7) of the principal Act, a taxable period ends within 7 days before or after the 31st day of January 1991, that taxable period shall be deemed to have ended on the 31st day of January 1991.

7 Tax invoices

(1)

Section 24 of the principal Act is hereby amended—

(a)

By omitting from subsection (4) the expression “$100”, and substituting the expression “$200”:

(b)

By omitting from subsection (5) the expression “$20”, and substituting the expression “$50”.

(2)

This section shall apply with respect to taxable supplies made on or after the 1st day of October 1990.

8 Objections to certain decisions

Section 32(1) of the principal Act (as amended by section 14 of the Goods and Services Tax Amendment Act (No. 2) 1988) is hereby amended by repealing paragraph (ba) (as substituted by section 2(3) of the Goods and Services Tax Amendment Act (No. 2) 1988), and substituting the following paragraph:

“(ba)

Section 15a(1), (1a), or (3):”.

9 Persons making supplies in course of taxable activity to be registered

(1)

Section 51(1) of the principal Act is hereby amended by omitting from paragraph (a) the expression “$24,000”, and substituting the expression “$30,000”.

(2)

This section shall apply with respect to persons becoming liable to be registered in terms of section 51(1) of the principal Act on or after the 1st day of October 1990.

This Act is administered in the Inland Revenue Department.

Goods and Services Tax Amendment Act (No. 2) 1990