Goods and Services Tax Act 2003

• Coming into Force: 01 January 2004
• Published date: 01 January 2003
• Revision Date: 30 May 2022
• Year: 2003
• Type of Document: Sessional Legislation

Contenidos

• Goods and Services Tax Act 2003
• PART I.—PRELIMINARY.
• 1. Compliance with Constitutional requirements.
• 2. Interpretation.
• 3. Act to bind State.
• PART II.—ADMINISTRATION.
• 4. Administration of Act.
• 5. Disclosure of information.
• PART III.—IMPOSITION OF TAX.
• 6. Imposition of Goods and Services Tax on imported goods.
• 7. Exemption of imported goods.
• 8. Imposition of Goods and Services Tax on supply.
• 9. Tax payable.
• PART IV.—SUPPLY OF GOODS AND SERVICES IN COURSE OF TAXABLE ACTIVITY.
• 10. Meaning of term "taxable activity".
• 11. Meaning of term "supply".
• 12. Transfer of land.
• 12A. Papua LNG Project Transactions.
• (1) Any supply of goods or services by a Papua LNG Project Participant to the Papua LNG Project Company, or by the Papua LNG Project Company to a Papua LNG Project Participant, shall be disregarded for the purposes of determining the liability to output tax of the relevant person or persons making the supply.
• 13. Supply in Papua New Guinea.
• 14. Reverse charge on services received from abroad.
• 15. Reverse charge on exempt supplies provided by resource companies.
• 16. Time of supply.
• 17. Open market.
• 18. Value of supply of goods and services.
• 19. Zero-rating of exported goods.
• 20. Sale of a going concern.
• 21. Other zero rated goods.
• 22. Exception to zero rating of goods.
• 23. Exported services.
• 24. Meaning of term "financial services".
• 25. Exempt supplies.
• PART V.—TAX PAYABLE.
• 26. Taxable periods.
• 27. Accounting basis.
• 28. Requirements for accounting on payments basis.
• 29. Particulars to be furnished and prepared if change in accounting basis.
• 30. Input tax and output tax.
• 31. Calculation of tax payable.
• 32. Tax payable, or refund, if change in accounting basis.
• 33. Adjustments for change in use.
• 34. Change in terms of supply.
• 35. Bad debts.
• 36. Allocation of taxable supplies following investigation by Commissioner.
• PART VI.—INVOICES AND RELATED DOCUMENTS.
• 37. Deduction of input tax.
• 38. Retention of records.
• 39. Tax invoices.
• 40. Credit and debit notes.
• 41. Provisions applicable to invoices, credit notes and debit notes.
• 42. Commissioner may approve use of symbols, etc., electronically transmitted invoices and credit and debit notes.
• PART VII.—REGISTRATION.
• 43. Persons making supplies in course of taxable activity to be registered.
• 44. Cancellation of registration.
• 45. Registered person to notify change of status.
• 46. Liabilities not affected by ceasing to be registered person.
• 47. Group of companies.
• 48. Group registration.
• 49. Consequences of group registration.
• 50. Group of persons.
• 51. Branches and divisions.
• PART VIII.—SPECIAL CASES.
• 52. Goods and services acquired before incorporation.
• 53. Sale by creditor deemed supply by debtor.
• 54. Special returns by creditor.
• 55. Invoice for creditor sale.
• 56. Application of Act to unincorporated bodies.
• 57. Personal representative, liquidator, receiver, etc.
• 58. Liability of agent of absentee principal for returns and tax.
• 59. Agents.
• 60. Auctioneers.
• 61. Effect of company amalgamations.
• 62. Gas production projects.
• PART IX.—RETURNS AND PAYMENT OF TAX.
• 63. Taxable period returns.
• 64. Other returns.
• 65. Payment of tax.
• 65A. Payment of tax in special cases.
• 66. GST Tax revenue payment and distribution.
• PART X.—ASSESSMENT OF TAX.
• 67. Assessment of tax.
• 68. Effect of cancellation of registration by Commissioner for purposes of Parts IV, VII, XII and XIV.
• 69. Validity of assessments not affected by failure to comply with Act.
• 70. Assessments deemed correct except in proceedings on objection.
• 71. Evidence of returns and assessments.
• 72. Limitation of time for assessment or amendment of assessment.
• PART XI.—OBJECTIONS.
• 73. Objections to certain decisions.
• 74. Objections to assessments.
• 75. Commissioner may amend assessment, or objections may be submitted to Review Tribunal.
• 76. Powers of Review Tribunal on determination of objection or case stated.
• 77. When objection may be referred in first instance to National Court.
• 78. Court's powers.
• 79. Application of time limits by the court.
• 80. Refusal of reference to court.
• 81. Test case procedure.
• 82. Obligation to pay tax where objection lodged.
• 83. Determination of objection not to affect other assessments.
• 84. Objections to which this part does not apply.
• PART XII.—RECOVERY OF TAX.
• 85. Additional tax to be payable if default made in payment of tax.
• 86. Recovery of tax.
• 87. Substituted service.
• 88. Deduction of tax from payment due to defaulters.
• 89. Issue of clearance certificate.
• 90. Clearance certificate to be produced to shipowner, etc.
• PART XIII.—REFUNDS AND RELIEF FROM TAX.
• 91. Refund of excess tax.
• 91A. Refund in respect of tax overpaid on zero rated supplies.
• 92. Tax paid in excess may be set off against tax payable when assessment re-opened.
• 93. Power of Commissioner in respect of small amounts.
• 94. Appropriation of refunds.
• PART XIV.—PENALTIES.
• 95. Offences.
• 95A. Additional tax to be payable if default made in furnishing returns etc.
• 95B. Additional tax for incomplete returns and forms.
• 96. Officers and employees of corporate bodies.
• 97. Prosecutions.
• 98. Information may charge several offences.
• 99. Information may be laid within 10 years.
• 100. Further additional tax in case of evasion.
• 101. Nature of further additional tax.
• 102. Assessment of further additional tax.
• 103. Objections to further additional tax.
• 104. Recovery of further additional tax.
• 105. Recovery of further additional tax from executors or administrators.
• 106. Recovery of further additional tax not affected by conviction of registered person.
• 106A. Object.
• 106B. Non-Application.
• 106C. Interpretation.
• 106D. Director's liability for company's non-remittance of Goods and Services Tax to the Commissioner General.
• 106E. Commissioner General to give 30 days' notice before recovering penalty.
• 106F. How notice may be given.
• 106G. Remission of penalty where Section 106D is complied with before the notice period ends.
• 106H. Agreement to pay goods and services tax.
• 106I. Non-remission in certain cases.
• PART XV.—GENERAL PROVISIONS.
• 107. Keeping of records.
• 108. Agreement to defeat the intention and application of act to be void.
• 109. Papua New Guinea currency.
• 110. Returns to be furnished in two parts for taxable period in which change in rate of tax occurs.
• 111. Adjustments to tax payable for persons furnishing returns on payments basis following change in rate of tax.
• 112. Adjustments to tax payable in relation to credit and debit notes following change in rate of tax.
• 113. Change in accounting basis coinciding with or occurring after change in rate of tax.
• 114. Liability to pay past tax, etc., not affected by alteration in the law.
• 115. Power to extend time for doing anything under Act.
• 116. Access to books, etc.
• 117. Power to obtain information and evidence.
• 117A. Authorised goods and services tax agent.
• 117B. Production of authority on demand.
• 117C. Personal liability of agents.
• 117D. Liability of principal for actions of agent.
• 117E. Offences by agents.
• 118. Regulations.
• PART XVI.—REPEAL
• 119. Repeal of Value Added Tax legislation.
• PART XVII.—TRANSITIONAL AND SAVINGS PROVISIONS.
• 120. Commencement day for Goods and Services Tax.
• 121. Registration of persons liable to be registered on 1 January 2004.
• 122. Supplies prior to 1 January 2004.
• 123. Alternative method of accounting for transitional supplies.
• 124. Retentions and variations.
• 125. Effect of imposition or alteration of tax.
• 126. Interpretation.
• 127. Tax due and payable under the repealed Act.
• 128. Offences against the repealed Act.
• 129. Interpretation.
• 130. Savings.

Goods and Services Tax Act 2003

[Goods and Services Tax Act 2003 consolidated to No 26 of 2022]

INDEPENDENT STATE OF PAPUA NEW GUINEA

No. 38 of 2003.

An Act

entitled

Goods and Services Tax Act 2003,

Being an Act to make provision for the imposition and collection of a Goods and Services Tax on goods and services, and for related purposes,

MADE by the National Parliament to come into operation on 1 January 2004.

PART I.—PRELIMINARY.

1 Compliance with Constitutional requirements.

This Act is enacted under the provisions of Section 209 of the Constitution and to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely—

(a) the right to freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and

(b) the right to privacy conferred by Section 49 of the Constitution; and

(c) the right to freedom of information conferred by Section 51 of the Constitution,

is a law that is made for the purpose of giving effect to the public interest in public order and public welfare; and

(d) the right to freedom of movement conferred by Section 52 of the Constitution.

2 Interpretati

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