Tasmanian Numbered Acts Tasmanian Numbered Acts24. Apportionment – business assets in this and other jurisdictions
(1) This section applies to a business asset referred to in section 9(1)(g), being –
(a) the goodwill of a business if sales of goods or services, or goods and services, have also been made to a non-Tasmanian customer of the business during the previous 12 months; or
(b) intellectual property that has also been used or exploited in one or more other Australian jurisdictions during the previous 12 months; or
(c) a statutory licence or permission under a Commonwealth law if the rights under the licence or permission have been exercised during the previous 12 months in respect of one or more other Australian jurisdictions.
(2) The dutiable value of a business asset to which this section applies is to be determined in accordance with the following formula:
"DV" is the dutiable value;"A" is the unencumbered value of the business asset, or so much of the consideration for the dutiable transaction as relates to the business asset, whichever is the greater;"X" is the gross amount of the sales of goods and services (expressed in Australian dollars) made to Tasmanian customers of the business during the last 3 completed financial years preceding the dutiable transaction;"Y" is the gross amount of the sales of goods and services (expressed in Australian dollars) made to both Tasmanian customers and non-Tasmanian customers of the business during the last 3 completed financial years preceding the dutiable transaction.(3) If an apportionment cannot be made under subsection (2), the Commissioner may make an apportionment on such basis as the Commissioner considers appropriate in the circumstances.
(4) For the purposes of this Chapter, a sale of goods or services is taken to be made to –
(a) a Tasmanian customer of a business if the goods are delivered, or the services are provided, in Tasmania to the customer; and
(b) a non-Tasmanian customer of a business if the goods are delivered, or the services are provided, outside Tasmania to the customer.
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