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Excise Tax Rates Act 1984

CONSOLIDATED ACTS OF SAMOA 2009


EXCISE TAX RATES ACT 1984


Arrangement of Provisions


TITLE


1. Short title and commencement
2. Interpretation
3. Rates of excise duty
4. Alteration and modification of Schedule
5. Alternative Rates of Duty
6. Determination of Dutiable Content
Schedule


_____________


THE EXCISE TAX RATE ACT 1984
1984 No.17


AN ACT to prescribe excisable goods and excise duty rates.


(25 February 1984)


1. Short title and commencement - This Act may be cited as the Excise Tax Rate Act 1984 and shall come into force on a date appointed by Order of the Head of State.


2. Interpretation - (1) In this Act, "Customs Tariff" means the Customs Tariff contained in the First Schedule of the Customs Tariff Act 1975.


(2) The interpretation of the Schedule to this Act shall be governed by the principles appearing in the rules for the interpretation of the Customs Tariff.


3. Rates of excise duty - Excise duty shall be imposed, collected and paid pursuant to the Excise Tax (Import Administration) Act 1984 and the Excise Tax (Domestic Administration) Act 1984 on all items of the Customs Tariff mentioned in the Schedule to this Act at the rates specified in the Schedule.


4. Alteration and modification of Schedule - Any alteration or modification of an item of the Customs Tariff made by Order pursuant to the Customs Tariff Act 1975 shall operate as an alteration or modification of any corresponding item in the Schedule to this Act.


5. Alternative Rates of Duty - If alternative rates of excise duty are specified in the Schedule the higher of those rates apply.


6. Determination of Dutiable Content - For the purposes of this Act and the calculation of excise duty, the content of a cask, bottle or container shall be determined in accordance with the Customs Tariff and the provisions of Note 1 in the Schedule to this Act relating to Quantity for Duty purposes.


_________


SCHEDULE


THE EXCISE TAX RATE OF SAMOA


The Excise Tax Rate of Samoa


Tariff Item
Description
Rate of Excise



1. 2201.1010
Natural Mineral or spa water
Free
2. 2201.1090
Other mineral Waters and spa water
Free
3. 2201.9000
Other waters: ice and snow
Free
4. 2202.1010
Waters, including Mineral Waters


and Aerated Waters,


containing added sugar
40 c per litre
5. 2202.1020
Waters, including Mineral Waters


and Aerated Waters, containing


added sweetening matter
40 c per litre
6. 2202.1090
Other waters, flavoured
40 c per litre
7. 2202.9000
Other waters
40 c per litre
8. 2203.0010
Beer not exceeding 3% by


volume of alcohol
$2.40 per litre
9. 2203.1090
Other beer
$2.40 per litre
10. 2204.1010
Sparkling wine of an alcohol


strength by volume of 15%


or less
$4.80 per litre
11. 2204.1090
Other sparkling wine
$6.60 per litre




Other Wine: Grape must with


Fermentation prevented or arrested


by the addition of alcohol:





In containers holding 2 litres or less




12. 2204.2110
-- Of an alcohol strength by volume


of 15% or less
$4.80 per litre



13. 2204.2190
-- Other
$6.60 per litre




Other




14. 2204.2910
-- Of an alcohol strength by volume


of 15% or less
$4.80 per litre
15. 2204.2990
-- Other
$8.00 per litre
16. 2204.3000
Other Gape Must
$4.80 per litre




In containers Holding 2 litres or less




17. 2205.1010
-- Sacramental wines
Free
18. 2205.1020
-- Of an alcohol strength by volume


of 15% or less
$4.80 per litre



19. 2205.1090
-- Other
$8.00 per litre




Other




20. 2205.9010
---Sacramental wine
Free
21. 2205.9020
-- Of an alcohol strength by volume


of 15% or less
$4.80 per litre
22. 2205.9090
---Other
$8.00 per litre
23. 2206.0010
--- Of an alcohol strength by volume


of 15% or less
$40.00 per litre
24. 2206.0090
- Other
$40.00 per litre




Spirits obtained by Distilling Grape or


Grape marc




25. 2208.2010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
26. 2208.2020
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%.
$16.00 per litre
27. 2208.2090
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre




Whiskies




28. 2208.3010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
29. 2208.3020
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
30. 2208.3090
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre




Rum and Tafia




31. 2208.4010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
32. 2208.4020
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
33. 2208.4090
-- Of an alcohol strength by volume


of 57.12% or higher.
$32.00 per litre




Gin and Geneva




34. 2208.5010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
35. 2208.5020
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
36. 2208.5090
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre




Vodka




37. 2208.6010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
38. 2208.6020
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
39. 2208.6090
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre




Liquers and cordials





Liquers




40. 2208.7010
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
41. 2208.7012
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
42. 2208.7019
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre




Cordials




43. 2208.7021
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
44. 2208.7022
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
45. 2208.7029
-- Of an alcohol strength by volume


of 57.12% or higher


$32.00 per litre





Other




46. 2208.9011
-- Of an alcohol strength by volume


of 30% or less
$10.00 per litre
47. 2208.9021
-- Of an alcohol strength by volume


exceeding 30% but less than


57.12%
$16.00 per litre
48. 2208.9099
-- Of an alcohol strength by volume


of 57.12% or higher
$32.00 per litre
49. 2402.1000
Cigars, Cheroots and cigarillos


containing tobacco
$193 per 1000 sticks
50. 2402.2000
Cigarettes containing tobacco
$193 per 1000 sticks
51. 2402.9000
Other cigarettes
$193 per 1000 sticks
52. 2403.1010
Twist or Stick Tobacco
$204 per kg
53. 2403.1090
Other Tobacco
$204 per kg
54. 2710.0010
Motor Spirits
41 sene/litre
55. 2710.0030
Jet Fuel/Aviation Kerosene
23 sene/litre
56. 2710.0050
Distillate Fuels
40 sene/litre
57. 8701
Tractors 20%

58. 8701.1010
Agricultural Tractors 8%

59. 8701.9010
Agricultural Tractors 8%

60. 8702
Motor Vehicles for the transport 20%


of ten or more persons, including


the driver

61. 8702.0020
Public Service type motor vehicles 8%


for the transport of fifteen persons


or more (including the driver)

62. 8703
Motor cars and other motor vehicles principally designed for the transport of persons (other than those of 8702), including station wagons and racing cars (for example, passenger motor cars, four wheel drive "off road" passenger vehicles and the like)

63. 8703.0010
Vehicles specially designed for 20% travelling on snow; golf cars and similar vehicles.





Other vehicles




64. 8703.0021
--Of a cylinder capacity not exceeding 10%
1,000 cm3
65. 8703.0022
--Of a cylinder capacity exceeding 13%
1,000 cm3 but not exceeding 1,300 cm3
66. 8703.0023
--Of a cylinder capacity exceeding 18%
1,300 cm3 but not exceeding 1,800 cm3
67. 8703.0024
--Of a cylinder capacity exceeding 20%
1,800 cm3 but not exceeding 2,000 cm3
68. 8703.0025
--Of a cylinder capacity exceeding 25%
2,000 cm3 but not exceeding 2,500 cm3
69. 8703.0026
--Of a cylinder capacity exceeding 30%
2,500 cm3 but not exceeding 3,000 cm3
70. 8703.0027
--Of a cylinder capacity exceeding 35%
3,000 cm3 but not exceeding 4,000 cm3
71. 8703.0028
--Of a cylinder capacity exceeding 45%
4,000 cm3 but not exceeding 5,000 cm3
72. 8703.0029
--Of a cylinder capacity exceeding 50%
5,000 cm3
73. 8704
motor vehicles for the transport of 20%
(all items) goods
74. 8705
Special purpose vehicles 8%
(all items)
75. 8706.0020
For motor vehicles falling under 20%
8703.0010
76. 8706.0021
For motor vehicles falling under 10%
8703.0021
77. 8706.0022
For motor vehicles falling under 13%
8703.0022
78. 8706.0023
For motor vehicles falling under 18%
8703.0023
79. 8706.0024
For motor vehicles falling under 20%
8703.0024
80. 8706.0025
For motor vehicles falling under 25%
8703.0025
81. 8706.0026
For motor vehicles falling under 30%
8703.0026
82. 8706.0027
For motor vehicles falling under 35%
8703.0027
83. 8706.0028
For motor vehicles falling under 45%
8703.0028
84. 8706.0029
For motor vehicles falling under 50%
8703.0029

REVISIONS NOTES 1997


The Schedule incorporates all amendments up to and including those contained in the Omnibus Charges and Fees Amendment Act 1991. The Excise Tax Rate Amendment Act 1994/1995 added section 5 and amended items 22.03.00, 24.02.01, 02 and 04 in the Schedule.


REVISION NOTES 2008


This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –


(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.


(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.


(c) All references to the male gender have been made gender neutral.


(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.


(e) Amendments have been made to up-date references to offices, officers and statutes.


(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.


The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996


By the Excise Tax Rate Amendment Act 1997 (No. 17) –


Section 6 A new section was inserted.


Schedule Note 1 was inserted in relation to "Quantity for Duty Purposes" but this was deleted when the Schedule was replaced by the 1998 Amendment.


By the Excise Tax Rate Amendment Act 1998 (No. 12) -


Schedule The Schedule was deleted and replaced with a new Schedule.


By the Customs and Excise Amendment Act 1999 (No. 13) -


Schedule The rates of excise for items 56, 57 and 58 of the Schedule were increased.


By the Customs and Excise Amendment Act 2002 (No. 14) -


Schedule The rates of excise for many items of the Schedule were increased.


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)


REVISION NOTES 2008 No. 2


The following amendments have been made to incorporate amendments enacted by Parliament since the publication of the Consolidated and Revised Statutes of Samoa 2007–:


By the Excise Tax Rate Amendment Act 2008 (No. 16) -


Schedule The rates of excise for many items of the Schedule were increased and new tariff items and their respective excise tax has been included.


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).


REVISION NOTES 2009


There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).


The Excise Tax Rate Act 1984 is administered in the Ministry for Revenue.


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