Matters to be Treated As Supply of Goods or Services
1.—(1) Any transfer of the whole property in goods is a supply of goods; but, subject to sub-paragraph (2), the transfer —
of any undivided share of the property; or
of the possession of goods,
is a supply of services.
(2) If the possession of goods is transferred —
under an agreement for the sale of the goods; or
under agreements which expressly contemplate that the property also will pass at some time in the future (determined by, or ascertainable from, the agreements but in any case not later than when the goods are fully paid for),
it is then in either case a supply of the goods.
Treatment or process
2. Where a person produces goods by applying to another person’s goods a treatment or process, he shall be treated as supplying those goods.
Supply of utilities, etc.
3. The supply of any form of power (including electricity), gas, water, light, heat, refrigeration, air-conditioning or ventilation is a supply of goods.
Interest in land
4. The grant, assignment or surrender of any interest in or right over land or of any licence to occupy land is a supply of goods.
Transfer or disposal of business assets
5.—(1) Subject to sub-paragraph (2), where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, that is a supply by him of the goods.
(2) Sub-paragraph 1 does not apply where the transfer or disposal is —
a gift of goods made in the course or furtherance of the business where the cost to the donor is not more than $200;
a gift, to an actual or potential customer of the business, of an industrial or commercial sample in a form not ordinarily available for sale to the public.
(3) Where by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, that is a supply of services.
(4) Neither sub-paragraph (1) nor sub-paragraph (3) shall require anything which a person carrying on a business does otherwise than for a consideration in relation to any goods to be treated as a supply except in a case where —
credit for input tax has been allowed to that person in whole or in part in respect of the supply of those goods or anything comprised in them to, or the importation of those goods or anything comprised in them by or for, the person; or
the goods comprise assets of another business transferred to the person as a going concern by another taxable person.
(5) Anything which is a supply of goods or services by virtue of sub-paragraph 1 or (3) is to be treated as made in the course or furtherance of the business (if it would not otherwise be so treated); and in the case of a business carried on by an individual —
sub-paragraph (1) applies to any transfer or disposition of goods in favour of himself personally; and
sub-paragraph (3) applies to goods used, or made available for use, by himself personally.
6. Where, in the case of a business carried on by a taxable person, goods forming part of the assets of the business are, under any power exercisable by another person —
supplied by way of sale; or
used in the making of any supply (other than a supply by way of sale),
by the other person in or towards satisfaction of a debt owed by the taxable person, the supply by the other person shall be a supply of goods or a supply of services determined in accordance with this Act and be deemed to be made by the taxable person in the course or furtherance of his business.
7.—(1) Where a person ceases to be a taxable person, any goods then forming part of the assets of a business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless —
the business is transferred as a going concern to another taxable person;
the business is carried on by another person who is deemed to be a taxable person under section 32(4); or
the value of deemed supply would not be more than $10,000.
(2) This paragraph does not apply to any goods where the taxable person can show to the satisfaction of the Comptroller —
that no credit for input tax in respect of the supply or importation of the goods has been allowed to him; and
that the goods were not acquired by him as part of the assets of a business which was transferred to him as a going concern by another taxable person.
8.—(1) Subject to sub-paragraphs (2) and (3), paragraph 5 to 7 shall have effect in relation to land forming part of the assets of, or held or used for the purposes of, a business as if it were goods forming part of the assets of, or held or used for the purposes of, a business.
(2) In the application of those paragraphs by virtue of sub-paragraph (1), references to transfer, disposition or sale shall have effect as references to the grant or assignment of any interest in, right over or licence to occupy the land concerned.