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CMA Final · Indirect Tax Laws and Practice · Duty Drawback

Goods were imported and assessed provisionally under section 18. Provisional duty was paid on 1 June 2024, and final assessment was completed on 15 January 2025. For the two-year limit in section 74, from which date is the period counted?

The two-year period runs from 1 June 2024, because section 74(4)(b) deems the date of payment of provisional duty to be the date of payment of duty for goods assessed provisionally under section 18.

  1. A1 June 2024, the date of payment of provisional dutyCorrect
  2. B15 January 2025, the date of final assessment
  3. CThe date of arrival of the goods
  4. DThe date of the bill of lading

Explanation

Section 74(4)(b) deems the date of payment of provisional duty to be the date of payment of duty for provisionally assessed goods. The two years therefore run from 1 June 2024, not from final assessment. Using the final assessment date is the key mistake.

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