Commonwealth Consolidated ActsAct No. 76 of 1999 as amended
This compilation was prepared on 29 June 2011
taking into account amendments up to Act No. 41 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 4
Division 1--Preliminary 4
1-1......... Short title [see Note 1] ........................................................................ 4
1-2......... Commencement ................................................................................... 4
1-3......... States and Territories are bound by the luxury car tax law .................. 4
Division 2--Overview of the luxury car tax legislation 4
2-1......... What this Act is about ......................................................................... 4
2-5......... Luxury car tax (Part 2) ........................................................................ 4
2-10....... Paying the luxury car tax (Part 3) ........................................................ 4
2-15....... Miscellaneous (Part 4) ........................................................................ 4
2-20....... Interpretative provisions (Part 5) ......................................................... 4
2-25....... Administration, collection and recovery provisions in the Taxation Administration Act 1953 4
Division 3--Identifying defined terms 4
3-1......... When defined terms are identified ....................................................... 4
3-5......... When terms are not identified .............................................................. 4
3-10....... Identifying the defined term in a definition .......................................... 4
Division 4--Non-operative material 4
4-1......... Non-operative material ........................................................................ 4
4-5......... Explanatory sections ........................................................................... 4
4-10....... Other material ...................................................................................... 4
Part 2--Luxury car tax 4
Division 5--Taxable supplies of luxury cars 4
5-1......... What this Division is about ................................................................. 4
5-5......... Liability for luxury car tax ................................................................... 4
5-10....... Taxable supplies of luxury cars ........................................................... 4
5-15....... The amount of luxury car tax payable ................................................. 4
5-20....... The luxury car tax value of a car ......................................................... 4
Division 7--Taxable importations of luxury cars 4
7-1......... What this Division is about ................................................................. 4
7-5......... Liability for luxury car tax on taxable importations ............................. 4
7-10....... Taxable importations of luxury cars .................................................... 4
7-15....... The amount of luxury car tax .............................................................. 4
7-20....... Meaning of non-taxable re-importation .............................................. 4
Division 9--Quoting 4
9-1......... What this Division is about ................................................................. 4
9-5......... Quoting ............................................................................................... 4
9-10....... Periodic quoting .................................................................................. 4
9-15....... Manner in which quote must be made ................................................. 4
9-20....... Incorrect quote nevertheless effective for certain purposes ................. 4
9-25....... Quote not effective for certain purposes if there are grounds for believing it was improperly made 4
9-30....... Improper quoting is an offence ........................................................... 4
Part 3--Paying the luxury car tax 4
Division 13--Paying the luxury car tax 4
13-1....... What this Division is about ................................................................. 4
Subdivision 13-A--Net amounts and adjustments 4
13-5....... Luxury car tax added to net amount .................................................... 4
13-10..... Adjustments ........................................................................................ 4
13-15..... Attribution rules for taxable supplies of luxury cars and luxury car tax adjustments 4
Subdivision 13-B--Paying luxury car tax on taxable importations of luxury cars 4
13-20..... Paying luxury car tax on taxable importations of luxury cars .............. 4
13-25..... Security or undertaking given under section 162 or 162A of the Customs Act 4
13-30..... Application of Division 165 of the GST Act ...................................... 4
Division 15--Adjustments 4
15-1....... What this Division is about ................................................................. 4
Subdivision 15-A--General adjustments 4
15-5....... Luxury car tax adjustment event .......................................................... 4
15-10..... Where adjustments for luxury car tax arise ......................................... 4
15-15..... Previously attributed luxury car tax amounts ...................................... 4
15-20..... Increasing adjustments for supplies .................................................... 4
15-25..... Decreasing adjustments for supplies ................................................... 4
Subdivision 15-B--Change of use adjustments 4
15-30..... Changes of use--supplies of luxury cars ............................................ 4
15-35..... Changes of use--importing luxury cars .............................................. 4
Subdivision 15-C--Bad debts adjustments 4
15-40..... Writing off bad debts .......................................................................... 4
15-45..... Recovering amounts previously written off ........................................ 4
Division 16--GST groups and GST joint ventures 4
16-1....... What this Division is about ................................................................. 4
Subdivision 16-A--Members of GST groups 4
16-5....... Who is liable for luxury car tax ........................................................... 4
16-10..... Luxury car tax adjustments ................................................................. 4
Subdivision 16-B--Participants in GST joint ventures 4
16-15..... Who is liable for luxury car tax ........................................................... 4
16-20..... Luxury car tax adjustments ................................................................. 4
16-25..... Additional net amounts relating to GST joint ventures ........................ 4
Division 17--Credits 4
17-1....... What this Division is about ................................................................. 4
17-5....... Credits for tax borne ........................................................................... 4
17-10..... Claiming credits .................................................................................. 4
17-15..... Excess credits must be repaid .............................................................. 4
Division 18--Refunds 4
18-1....... What this Division is about ................................................................. 4
18-5....... Refunds for tax borne--primary producers ........................................ 4
18-10..... Refunds for tax borne--tourism operators .......................................... 4
18-15..... Claiming refunds ................................................................................. 4
18-20..... Payment of refunds ............................................................................. 4
Part 4--Miscellaneous 4
Division 21--Miscellaneous 4
21-1....... Commonwealth etc. not liable to pay luxury car tax ............................ 4
21-5....... Cancellation of exemptions from luxury car tax .................................. 4
21-10..... Agreement with Commissioner regarding calculation of luxury car tax values 4
21-15..... Application of the Criminal Code ....................................................... 4
21-20..... Regulations ......................................................................................... 4
Part 5--Rules for interpreting this Act 4
Division 23--What forms part of this Act 4
23-1....... What forms part of this Act ................................................................. 4
23-5....... What does not form part of this Act .................................................... 4
23-10..... Explanatory sections, and their role in interpreting this Act ................ 4
Division 25--Luxury cars 4
25-1....... Meaning of luxury car ........................................................................ 4
Division 27--The Dictionary 4
27-1....... Dictionary ........................................................................................... 4
Notes 4
An Act about a luxury car tax to implement A New Tax System, and for related purposes
Part 1-- Preliminary
1-1 Short title
[see Note 1]
This
Act may be cited as the A New Tax System (Luxury Car Tax) Act 1999. This Act commences on 1 July 2000.
1-3 States and Territories are bound by the luxury car tax law The
*luxury car tax law binds the Crown in
right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not make the Crown liable to be prosecuted for an
offence.
This Act is about the luxury car tax. It
is a single stage tax that is imposed on supplies and importations of luxury
cars and is in addition to any GST that may be payable. The tax is only
calculated on the value of the car that exceeds the luxury car tax threshold. Note: The luxury car tax is imposed by 3 Acts: (a) the A New Tax System (Luxury Car Tax
Imposition--General) Act 1999; and (b) the A New Tax System (Luxury Car Tax
Imposition--Customs) Act 1999; and (c) the A New Tax System (Luxury Car Tax
Imposition--Excise) Act 1999. (1) Part 2 sets out the rules that
establish liability for the luxury car tax. The tax applies to both supplies
and importations of luxury cars. (Divisions 5 and 7) (2) There is a system of quoting which is
designed to prevent the tax becoming payable until the car is sold or imported
at the retail level. (Division 9)
2-10 Paying the
luxury car tax (Part 3) (1) Amounts of luxury car tax are included in
net amounts under the GST system. This has the effect of incorporating the
luxury car tax into the payments and refunds system for the GST. However,
luxury car tax on importations is paid with customs duty (where appropriate).
(Division 13) (2) Adjustments to the net amount can arise
out of circumstances that occur after the supply or importation of the car.
(Division 15) (3) Credits can arise for people who are not
entitled to an adjustment but who, for example, have paid too much tax.
(Division 17) (4) Refunds can arise for primary producers
and tourism operators in certain circumstances. (Division 18). Part 4 deals with miscellaneous
matters.
2-20
Interpretative provisions (Part 5) Part 5 contains the Dictionary,
which sets out a list of all the terms that are defined in this Act. It also
sets out the meanings of some important concepts and rules on how to interpret
this Act.
2-25
Administration, collection and recovery provisions in the Taxation
Administration Act 1953 Parts 3-10 and 4-15 in Schedule 1
to the Taxation Administration Act 1953 contain provisions relating to
the administration of the luxury car tax, and to the collection and recovery of
amounts of luxury car tax.
3-1 When defined
terms are identified (1) Many of the terms used in this Act are
defined. (2) Most defined terms in this Act are identified
by an asterisk appearing at the start of the term: as in "
*luxury car". The
footnote that goes with the asterisk contains a signpost to the Dictionary
definitions in section 27-1.
3-5 When terms are
not identified (1) Once a defined term has been identified
by an asterisk, later occurrences of the term in the same subsection are not
usually asterisked. (2) Terms are not asterisked in the
non-operative material contained in this Act. Note: The non-operative material is described in
Division 4. (3) The following basic terms used throughout
the Act are not identified with an asterisk.
|
Common definitions that are not asterisked |
|
|
Item |
This term: |
|
1 |
luxury car tax |
|
2 |
supply |
|
3 |
you |
3-10 Identifying the defined term in a definition
Within a definition, the defined term is identified by bold italics.
In addition to the operative provisions
themselves, this Act contains other material to help you identify accurately
and quickly the provisions that are relevant to you and to help you understand
them. This other material falls into 2 main
categories. One category is the explanatory section
in many Divisions. Under the section heading "What this Division is about", a
short explanation of the Division appears in boxed text. Explanatory sections form part of this
Act but are not operative provisions. In interpreting an operative provision,
explanatory sections may only be considered for limited purposes. They are set
out in section 23-10. The other category consists of material
such as notes and examples. These also form part of the Act. They are
distinguished by type size from the operative provisions (except for formulas),
but are not kept separate from them.
Part 2--
Luxury
car tax
5-1 What this
Division is about Luxury car tax is payable on taxable
supplies of luxury cars. This Division defines taxable supplies of luxury cars,
states who is liable for the luxury car tax, and describes how to work out the
amount of luxury car tax on those supplies.
5-5 Liability for
luxury car tax You must pay the luxury car tax payable
on any
*taxable
supply of a luxury car that you make.
5-10 Taxable supplies
of luxury cars (1) You make a taxable supply of a
luxury car if: (a) you supply a
*luxury car; and (b) the supply is made in the course
or furtherance of an
*enterprise
that you
*carry
on; and (c) the supply is
*connected with Australia; and (d) you are
*registered, or
*required to be
registered. (2) However, you do not make a taxable
supply of a luxury car if: (a) the
*recipient
*quotes for the supply of the car; or (b) the car is
*more than 2 years old; or (c) you export the car in circumstances
where the export is
*GST-free
under Subdivision 38-E of the
*GST Act. (3) A
*car is more than 2 years old
at the time of a supply if: (a) for a car that has not been
*imported--the car
was manufactured more than 2 years before the time of the supply; or (b) the car was
*entered for home
consumption more than 2 years before the time of the supply.
5-15 The amount of
luxury car tax payable (1) The amount of luxury car tax payable on a
*taxable
supply of a luxury car is as follows: where: rate is the rate applicable under: (a) the A New Tax System (Luxury
Car Tax Imposition--General) Act 1999; or (b) the A New Tax System (Luxury
Car Tax Imposition--Customs) Act 1999; or (c) the A New Tax System (Luxury
Car Tax Imposition--Excise) Act 1999. (2) However, if luxury car tax has already
become payable in respect of the car, the amount of luxury car tax payable on a
*taxable
supply of a luxury car is: (a) the amount of luxury car tax on
the supply (worked out in accordance with subsection (1)); minus (b) the sum of all luxury car tax that
was payable in respect of any previous
*importation or supply of the car. The amount of luxury car tax payable on a taxable supply
of a luxury car is zero if the amount in paragraph (a) is less than the
amount in paragraph (b). (3) In determining the luxury car tax that
was payable in respect of any previous
*importation or supply of a
*car for the purposes of paragraph (2)(b),
take into account
*luxury
car tax adjustments (if any) other than luxury car tax adjustments made under
Subdivision 15-C (bad debts adjustments).
5-20 The luxury
car tax value of a car (1) In relation to the supply of a
*car, the luxury
car tax value is the
*price of the car excluding: (a) any luxury car tax for that
supply; and (b) any other
*Australian tax or
*Australian fee or
charge, other than
*GST
and
*customs
duty; payable on the supply. (1A) If the supply of the
*car is
*GST-free (to an
extent) because of Subdivision 38-P of the
*GST Act, the
*luxury car tax value of the car includes
an amount equal to the amount of
*GST that was not payable because of Subdivision 38-P. Supply of car to associate etc. (2) If: (a) the supply of the
*car is to an
*associate of the
supplier, or an employee or
*officer of either the supplier or an associate of the
supplier; and (b) there is no
*consideration for
the supply or the consideration is less than the
*GST inclusive market value of the car; the
*luxury car tax value of the car is the GST inclusive market
value of the car excluding any luxury car tax payable on the supply. Additional supplies and modifications for cars (3) The
*luxury car tax value of a
*car includes the
*price of all
supplies in relation to the car that are made to, or are paid for by, the
*recipient of the
car, or an
*associate
of the recipient and that are: (a) made before the
*end supply of the
car; or (b) made under an arrangement made
with the supplier of the car, or with an associate of the supplier, at or
before the time of the end supply. (4) If a supply in relation to the
*car is made by an
*associate of the
*recipient of the
car and there is no
*consideration
for the supply or the consideration is less than the
*GST inclusive market value of the
car, the
*price
of the supply is the GST inclusive market value of the supply. Modifications for disabled people (5) The
*luxury car tax value of a
*car does not
include the
*price
of modifications made to the car solely for the purpose of: (a) adapting it for driving by a
*disabled person;
or (b) adapting it for transporting a
disabled person. Supply of car by lease or hire (6) The
*luxury car tax value of a
*car that is
supplied by way of lease or hire is the
*GST inclusive market value of the car
excluding: (a) any luxury car tax payable on the
supply; and (b) any other
*Australian tax or
*Australian fee or
charge, other than
*GST
and
*customs
duty; and (c) the
*price of any modifications referred to in
subsection (5).
7-1 What this
Division is about Luxury car tax is payable on taxable
importations of luxury cars. This Division defines taxable importations of
luxury cars, states who is liable for the luxury car tax and describes how to
work out the amount of luxury car tax on those importations.
7-5 Liability for
luxury car tax on taxable importations You must pay the luxury car tax payable
on any
*taxable
importation of a luxury car that you make.
7-10 Taxable
importations of luxury cars (1) You make a taxable importation of a
luxury car if: (a) the
*luxury car is
*imported; and (b) you
*enter the car for home consumption. Note: There is no registration requirement for
taxable importations, and the importer need not be carrying on an enterprise. (2) The
*importation of the car includes any
*car parts,
accessories or attachments that you import at the same time as the car and that
could reasonably be expected to be fitted to the car. (3) However, you do not make a taxable
importation of a luxury car if: (a) you
*quote for the
*importation of the
*car; or (b) luxury car tax has already become
payable in respect of the car; or (c) the car is covered by item 4,
8, 15, 18A, 18B, 18C, 21 or 24 in Schedule 4 to the Customs Tariff; or (d) the importation of the car is a
*non-taxable re-importation. (4) To avoid doubt, a reference to a car that
is covered by an item in Schedule 4 to the Customs Tariff includes a
reference to a car to which that item would apply apart from the operation of
subsection 18(1) of the Customs Tariff Act 1995.
7-15 The amount of
luxury car tax (1) The amount of luxury car tax payable on a
*taxable
importation of a luxury car is as follows: where: luxury car tax value of the
*car is the sum of: (a) the customs value (for the
purposes of Division 2 of Part VIII of the Customs Act 1901)
of the car and of any
*car parts, accessories or attachments covered by subsection
7-10(2); and (b) the amount paid or payable: (i) for the
*international
transport of the car and any car parts, accessories or attachments covered by
subsection 7-10(2) to their
*place of consignment in Australia; and (ii) to insure the car and
any car parts, accessories or attachments covered by subsection 7-10(2) for
that transport; to the extent that the amount is
not already included under paragraph (a); and (c) any
*customs duty payable in respect of the
*importation of the
car and of any car parts, accessories or attachments covered by subsection 7-10(2);
and (d) any
*GST payable in respect of the importation
of the car and of any car parts, accessories or attachments covered by
subsection 7-10(2); and (e) if the
*importation of the car is
*GST-free (to an
extent) because of paragraph 13-10(b) of the
*GST Act in conjunction with Subdivision 38-P
of that Act--an amount equal to the amount of
*GST that was not payable because of
paragraph 13-10(b) and Subdivision 38-P. rate is the
rate applicable under: (a) the A New Tax System (Luxury
Car Tax Imposition--General) Act 1999; or (b) the A New Tax System (Luxury
Car Tax Imposition--Customs) Act 1999; or (c) the A New Tax System (Luxury
Car Tax Imposition--Excise) Act 1999. (2) The Commissioner may, in writing: (a) determine the way in which the
amount paid or payable for a specified kind of transport or insurance is to be
worked out for the purposes of paragraph (b) of the definition of luxury
car tax value in subsection (1); and (b) in relation to importations of a
specified kind or importations to which specified circumstances apply,
determine that the amount paid or payable for a specified kind of transport or
insurance is taken, for the purposes of that paragraph, to be zero.
7-20 Meaning of non-taxable
re-importation (1) An
*importation of a
*car is a non-taxable re-importation
if: (a) the car was exported from
Australia and is returned to Australia, without having been subject to any
treatment, industrial processing, repair, renovation, alteration or any other
process since its export; and (b) the importer: (i) is the manufacturer of
the car; or (ii) has previously
acquired the car, and the supply by means of which the importer acquired the
goods was a
*taxable
supply of a luxury car; or (iii) has previously
imported the car, and the previous importation was a
*taxable importation of a luxury
car. (2) An importation of a
*car is a non-taxable
re-importation if: (a) the importer had manufactured,
acquired or imported the car before 1 July 2000; and (b) the car was exported from Australia before, on or after 1 July 2000; and (c) the car is returned to Australia
on or after 1 July 2000, without having been subject to any treatment,
industrial processing, repair, renovation, alteration or any other process
since its export; and (d) the ownership of the car when it
is returned to Australia is the same as its ownership on 1 July 2000. Note: An importation covered by this section may
also be duty-free under item 17 of Schedule 4 to the Customs
Tariff Act 1995.
9-1 What this
Division is about In certain circumstances you can quote
for a supply or importation of a luxury car and not pay the luxury car tax.
This is designed to avoid the luxury car tax becoming payable unless the car is
sold or imported at the retail level. (1) You are entitled to
*quote your
*ABN in relation to
a supply of a
*luxury
car or an
*importation
of a luxury car if, at the time of quoting, you have the intention of using the
car for one of the following purposes, and for no other purpose: (a) holding the car as trading stock,
other than holding it for hire or lease; or (b)
*research and development for the manufacturer
of the car; or (c) exporting the car in circumstances
where the export is
*GST-free
under Subdivision 38-E of the
*GST Act. (2) However, you are not entitled to
*quote unless you
are
*registered. (1) You may make a periodic quote under this
section for supplies that you intend to receive from a supplier during the
period covered by the periodic quote. The period must not exceed 12 months. (2) If you make a periodic quote on or before
the first day of the period to which the quote relates, you are to be treated
as having
*quoted
your
*ABN for
all supplies from the supplier during that period, other than supplies in
respect of which you have notified the supplier in accordance with subsection (3). (3) If you are not entitled to
*quote for a
particular supply from the supplier during the period, you must notify the
supplier of that fact at or before the time of the supply. The notification
must be in the
*approved
form. (4) You are guilty of an offence if you
contravene subsection (3). Maximum penalty: 20 penalty units. Note 1: Chapter 2 of the Criminal Code sets
out the general principles of criminal responsibility. Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit. (5) Section 9-25 applies to a
*quote that you are
treated as having made under subsection (2) of this section for a
particular supply.
9-15 Manner in
which quote must be made (1) A
*quote (including a periodic quote) must
be in the
*approved
form. (2) A
*quote is not effective unless it is made
at or before the time of the supply or
*importation.
9-20 Incorrect
quote nevertheless effective for certain purposes If you
*quote in circumstances in which you are
not entitled to quote, or the quote is not in the
*approved form, the quote is nevertheless
effective for the purpose of subsection 5-10(2) or 7-10(3) (whichever is
relevant), unless section 9-25 applies.
9-25 Quote not
effective for certain purposes if there are grounds for believing it was
improperly made A
*quote is not effective, so far as it
would have resulted in you not paying luxury car tax, if at the time of the
quote the person to whom the quote is made has reasonable grounds for believing
that: (a) you are not entitled to quote in
the particular circumstances; or (b) the quote is not made in the
*approved form; or (c) the quote is false or misleading
in a material particular (either because of something stated in the quote or
something left out).
9-30 Improper
quoting is an offence You must not, in relation to any supply
or
*importation
of a
*luxury
car: (a)
*quote an
*ABN: (i) in circumstances in
which you are not entitled to quote; or (ii) in contravention of
subsection 9-15(1); or (b) in any other way falsely quote an
ABN. Maximum penalty: 20 penalty units. Note 1: Chapter 2 of the Criminal Code sets
out the general principles of criminal responsibility. Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit. Note 3: Section 23 of the A New Tax System
(Australian Business Number) Act 1999 provides penalties for misuse of
ABNs.
Part 3--
Paying
the luxury car tax
13-1 What this
Division is about Luxury car tax on supplies of luxury
cars is added to net amounts under Division 17 of the GST Act. Adjustments
in relation to supplies or importations can be made to net amounts. They may
increase or decrease net amounts. Luxury car tax on importations of luxury
cars is not incorporated into net amounts but is generally paid with customs
duty. Note: Division 165 (Anti-avoidance) of the GST
Act will cover avoidance schemes relating to luxury car tax so far as they
affect net amounts, because such schemes affect amounts payable under the GST
Act.
13-5 Luxury car
tax added to net amount Your
*net amount for a
*tax period is increased by adding
the sum of all of the amounts of luxury car tax (if any) that are attributable
to that tax period, other than amounts on
*taxable importations of luxury cars. (1) If you have any
*luxury car tax adjustments that are
attributable to a
*tax
period applying to you, alter your
*net amount for the period as follows: (a) add to that net amount for the
period the sum of all the
*increasing luxury car tax adjustments (if any) that are
attributable to the period; (b) subtract from that net amount the
sum of all the
*decreasing
luxury car tax adjustments (if any) that are attributable to the period. (2) A
*luxury car tax adjustment must be made
within 4 years after the supply or
*importation to which the adjustment relates.
13-15 Attribution
rules for taxable supplies of luxury cars and luxury car tax adjustments (1) The luxury car tax payable by you on a
*taxable supply of
a luxury car is attributable to the same
*tax period, or tax periods, applying to
you as the tax period or tax periods to which: (a) if the
*supply is a
*taxable supply--the taxable supply
is attributable; or (b) if the supply is not a taxable
supply--the supply would be attributable if it were a taxable supply. Note: For the basic rules on attribution of taxable
supplies, see section 29-5 of the GST Act. (1A) The luxury car tax payable by you on a
*taxable supply of
a luxury car that is supplied by way of lease or hire is entirely attributable
to the first
*tax
period to which the supply of the car is attributable. This subsection has
effect despite section 156-5 of the
*GST Act. Note: Under that section, the luxury car tax could
otherwise be payable on a periodic basis. (2) A
*luxury car tax adjustment that you have
is attributable to the same
*tax period, or tax periods, applying to you as the tax
period or tax periods to which: (a) if the luxury car tax adjustment
is an
*adjustment--the
adjustment is attributable; or (b) if the luxury car tax adjustment
is not an adjustment--the luxury car tax adjustment would be attributable if it
were an adjustment. Note: For the basic rules on attribution of
adjustments, see section 29-20 of the GST Act.
13-20 Paying
luxury car tax on taxable importations of luxury cars (1) Luxury car tax on a
*taxable
importation of a luxury car is to be paid by the importer to the Commonwealth: (a) at the same time, at the same place,
and in the same manner, as
*customs duty is payable on the car in question (or would be
payable if the car were subject to customs duty); or (b) in the circumstances specified in
the regulations, within such further time specified in the regulations, and at
the place and in the manner specified in the regulations. Note 1: The regulations could (for example) allow for
deferral of payments to coincide with payments of net amounts. Note 2: For provisions about collection and recovery of
luxury car tax on taxable importations of luxury cars, see Subdivision 105-C,
and Part 4-15, in Schedule 1 to the Taxation Administration Act
1953. (2) An officer of Customs (within the meaning
of subsection 4(1) of the Customs Act 1901) may refuse to deliver the
goods concerned unless the luxury car tax has been paid.
13-25 Security or
undertaking given under section 162 or 162A of the Customs Act (1) An amount of luxury car tax on a
*taxable
importation of a luxury car is not payable if: (a) a security or undertaking
described in section 162 of the Customs Act 1901 has been given;
and (b) the provisions of the regulations
mentioned in paragraph 162(3)(a) of that Act are complied with; and (c) either: (i) the car is exported
within the relevant period mentioned in paragraph 162(3)(b) of that Act; or (ii) one or more of the
circumstances or conditions specified in the regulations mentioned in paragraph
162(3)(b) of that Act apply in relation to the car. Note: Section 162 of the Customs Act 1901
allows delivery of imported goods if the importer gives a security or
undertaking to pay any customs duty, GST and luxury car tax relating to the
importation. (1A) An amount of luxury car tax on a
*taxable
importation of a luxury car is not payable if: (a) a security or undertaking
described in section 162A of the Customs Act 1901 has been given;
and (b) the car is not dealt with in
contravention of regulations made for the purposes of that section; and (c) one or more of the following
applies: (i) the car is exported
within the relevant period mentioned in paragraph 162A(5)(b) of that Act; (ii) if
the car is goods described in subsection 162A(5A) of that Act--the goods are
exported before the end of the relevant day mentioned in paragraph 162A(5A)(b)
of that Act; (iii) one or more of the
circumstances or conditions specified in the regulations mentioned in paragraph
162A(5)(b) of that Act apply in relation to the car. Note: Section 162A of the Customs Act 1901
allows delivery of imported goods if the importer gives a security or
undertaking to pay any customs duty, GST and luxury car tax relating to the
importation. (2) This section has effect despite section 13-20.
13-30 Application
of Division 165 of the GST Act Division 165 of the
*GST Act applies to
amounts payable under this Subdivision as if they were amounts payable under
the GST Act.
15-1 What this
Division is about Circumstances that occur after the
supply or importation of a car may mean that too much or too little luxury car
tax was imposed. Accordingly, adjustments are made to increase or decrease the
net amount. Adjustments can be made by the supplier, the recipient or the
importer, depending upon the circumstances.
15-5 Luxury car
tax adjustment event (1) A luxury car tax adjustment event
is any event which has the effect of: (a) cancelling a supply of a
*luxury car; or (b) changing the
*consideration for
the supply; or (c) causing the supply to become, or
stop being, a
*taxable
supply of a luxury car. (2) Without limiting subsection (1),
these are
*luxury
car tax adjustment events: (a) the return to a supplier of a
*car supplied
(whether or not the return involves a change of ownership of the car); (b) a change to the previously agreed
*consideration for
a supply of a car, whether due to the offer of a discount or otherwise. (3) A
*luxury car tax adjustment event can arise
in relation to a supply of a
*car even if it is not a
*taxable supply of a luxury car. (4) However, the return of a
*luxury car to its
supplier is not an
*adjustment
event if the return is for the purpose of repair or maintenance.
15-10 Where
adjustments for luxury car tax arise You have a luxury car tax
adjustment for a supply of a
*luxury car for which you are liable to pay luxury
car tax (or would be liable to pay luxury car tax if it were a
*taxable supply of
a luxury car) if: (a) in relation to the supply, one or
more
*luxury
car tax adjustment events occur during a
*tax period; and (b) luxury car tax on the supply was
attributable to an earlier tax period (or, if the supply was not a taxable
supply of a luxury car, would have been attributable to an earlier tax period
had the supply been a taxable supply of a luxury car); and (c) as a result of that adjustment event
or those adjustment events, the
*previously attributed luxury car tax amount for the supply
no longer correctly reflects the amount of luxury car tax on the supply (the corrected
luxury car tax amount), taking into account any luxury car tax adjustments
for the supply.
15-15 Previously
attributed luxury car tax amounts The previously attributed luxury
car tax amount for a supply of a
*luxury car is: (a) the amount of any luxury car tax
that was attributable to a
*tax period in respect of the supply; plus (b) the sum of any
*increasing luxury
car tax adjustments, under this Subdivision, that were previously attributable
to a tax period in respect of the supply; minus (c) the sum of any
*decreasing luxury
car tax adjustments, under this Subdivision, that were previously attributable
to a tax period in respect of the supply.
15-20 Increasing
adjustments for supplies If the
*corrected luxury car tax amount is greater
than the
*previously
attributed luxury car tax amount, you have an increasing luxury car tax
adjustment equal to the difference between the corrected luxury car tax
amount and the previously attributed luxury car tax amount.
15-25 Decreasing
adjustments for supplies If the
*corrected luxury car tax amount is less
than the
*previously
attributed luxury car tax amount, you have a decreasing luxury car tax
adjustment equal to the difference between the previously attributed
luxury car tax amount and the corrected luxury car tax amount.
15-30 Changes of
use--supplies of luxury cars (1) You have a decreasing luxury car
tax adjustment if: (a) you were supplied with a
*luxury car; and (b) luxury car tax was payable on the
supply because you did not
*quote for the supply; and (c) you were
*registered at the time of the
supply; and (d) you intend to use the car for a
*quotable purpose;
and (e) you have only used the car for a
quotable purpose. (2) The
*decreasing luxury car tax adjustment is
equal to the amount of luxury car tax that was payable on the supply. (3) You have an increasing luxury car
tax adjustment if: (a) you were supplied with a
*luxury car; and (b) either: (i) no luxury car tax was
payable on the supply because you
*quoted for the supply; or (ii) you had a decreasing
luxury car tax adjustment under subsection (1); and (c) you use the car for a purpose
other than a
*quotable
purpose. (4) The
*increasing luxury car tax adjustment is
equal to: (a) the amount of luxury car tax that
the supplier of the car would have had to pay if you had not
*quoted for the
supply; or (b) the amount of the
*decreasing luxury
car tax adjustment; whichever is relevant.
15-35 Changes of
use--importing luxury cars (1) You have a decreasing luxury car
tax adjustment if: (a) you
*imported a
*luxury car; and (b) luxury car tax was payable on the
importation because you did not
*quote for the importation; and (c) you were
*registered at the time of the
importation; and (d) you intend to use the car for a
*quotable purpose;
and (e) you have only used the car for a
quotable purpose. (2) The
*decreasing luxury car tax adjustment is
equal to the amount of luxury car tax that was payable on the importation. (3) You have an increasing luxury car
tax adjustment if (a) you
*imported a
*luxury car; and (b) either: (i) no luxury car tax was
payable on the importation because you
*quoted for the importation; or (ii) you had a decreasing
luxury car tax adjustment under subsection (1); and (c) you used the car for a purpose
other than a
*quotable
purpose. (4) The
*increasing luxury car tax adjustment is
equal to: (a) the amount of luxury car tax that
you would have had to pay if you had not
*quoted for the
*importation; or (b) the amount of the decreasing
luxury car tax adjustment; whichever is relevant.
(1) You have a decreasing luxury car
tax adjustment if: (a) you made a
*taxable supply of a luxury car; and (b) the whole or part of the
*consideration for
the supply has not been received; and (c) you write off as bad the whole or
a part of the debt, or the whole or a part of the debt has been
*overdue for 12
months or more. (2) The decreasing luxury car tax adjustment
is equal to: (a) the amount of luxury car tax that
was payable by you on the supply taking into account any previous
*luxury car tax
adjustments for the supply; minus (b) the amount of luxury car tax (if
any) that would be payable if the
*price of the supply of the car (disregarding any previous
*luxury car tax
adjustments for the supply) was reduced by an amount equal to the sum of: (i) the amount or amounts
of the debt written off as bad; and (ii) the amount of the debt
that has been
*overdue
for 12 months or more (other than amounts already written off). (3) You cannot have a
*luxury car tax adjustment under
this section if you
*account
on a cash basis.
15-45 Recovering
amounts previously written off (1) You have an increasing luxury car
tax adjustment if: (a) you made a
*taxable supply of a luxury car in
relation to which you had a
*decreasing luxury car tax adjustment under section 15-40
for a debt; and (b) you recover the whole or a part of
the amount or amounts of the debt that have been written off as bad or
*overdue for 12
months or more. (2) The increasing luxury car tax adjustment
is equal to: (a) the amount of luxury car tax (if
any) that would be payable if the
*price of the supply of the car (disregarding any previous
*luxury car tax
adjustments for the supply) was reduced by the sum of: (i) the amount or amounts
of the debt previously written off as bad; and (ii) the amount of the debt
that has been
*overdue
for 12 months or more (other than amounts already written off); and then increased by an amount
equal to the amount or amounts recovered; minus (b) the amount of luxury car tax (if
any) payable on the supply of the luxury car, taking into account any previous
*luxury car tax
adjustments for the supply.
16-1 What this
Division is about The representative member of a GST
group deals with all of the luxury car tax liabilities and entitlements of the
group. The joint venture operator of a GST joint venture deals with the luxury
car tax liabilities and entitlements arising from the operator's dealings on
behalf of the other participants in the joint venture.
16-5 Who is liable
for luxury car tax (1) Luxury car tax payable on a
*taxable supply of
a luxury car, or a
*taxable
importation of a luxury car, for which a
*member of a
*GST group would (apart from this section)
be liable: (a) is payable by the
*representative
member; and (b) is not payable by the member that
would otherwise be liable (unless the member is the representative member). (2) However, if the member is not the
*representative
member of the
*GST
group, this section only applies to luxury car tax payable on a
*taxable
importation of a luxury car if the tax is payable at a time when luxury car tax
on
*taxable
supplies of luxury cars is normally payable by the representative member. (3) This section has effect despite sections 5-5
and 7-5 (which are about liability for luxury car tax).
16-10 Luxury car
tax adjustments (1) Any
*luxury car tax adjustment that a
*member of a
*GST group has is
to be treated as if: (a) that member did not have the
adjustment (unless that member is the
*representative member); and (b) the representative member had the
adjustment. (2) This section has effect despite section 13-10
(which is about the effect of luxury car tax adjustments on net amounts).
16-15 Who is
liable for luxury car tax (1) Luxury car tax payable on a
*taxable supply of
a luxury car, or a
*taxable
importation of a luxury car, that the
*joint venture operator of a
*GST joint venture
makes, on behalf of another
*participant in the joint venture, in the course of
activities for which the joint venture was entered into: (a) is payable by the joint venture
operator; and (b) is not payable by the other
participant. (2) This section has effect despite sections 5-5
and 7-5 (which are about liability for luxury car tax).
16-20 Luxury car
tax adjustments (1) Any
*luxury car tax adjustment relating to any
supply or
*importation
that the
*joint
venture operator of a
*GST joint venture makes, on behalf of another
*participant in the
joint venture, in the course of activities for which the joint venture was
entered into is to be treated as if: (a) the other participant did not have
the adjustment; and (b) the joint venture operator had the
adjustment. (2) This section has effect despite section 13-10
(which is about the effect of
*luxury car tax adjustments on net amounts).
16-25 Additional
net amounts relating to GST joint ventures The additional net amount relating to a
*GST joint venture
in section 51-45 of the
*GST Act: (a) is increased by the amount of any
luxury car tax on
*taxable
supplies of luxury cars for which the
*joint venture operator is liable because of
section 16-15; and (b) is increased or decreased (as the
case requires) by the amount of any
*luxury car tax adjustments that are adjustments of the
joint venture operator because of section 16-20.
17-1 What this
Division is about You may, in some circumstances, be
able to claim a credit for luxury car tax paid either by yourself or by the
supplier of the luxury car. Credits are only available to people who are not
entitled to an adjustment for the circumstance. (1) You are entitled to a credit if: (a) you have a credit entitlement
under this section; and (b) you are not
*registered or
*required to be
registered; and (c) no one else has made a valid claim
for a credit in relation to the credit entitlement. (2) You have a credit entitlement if: (a) luxury car tax on a supply to you
was overpaid (that is, the supplier paid an amount of luxury car tax that was
not legally payable); and (b) you have
*borne the overpaid luxury car tax. (3) You have a credit entitlement if you have
*borne luxury
car tax on a supply of a
*car for which you could have
*quoted except that you were not
*registered at the
time of the supply. (4) You have a credit entitlement if you have
paid luxury car tax on the
*importation of a
*luxury car for which you could have
*quoted except that
you were not
*registered
at the time of the importation. (5) The amount of the credit is the amount
of: (a) overpaid luxury car tax
*borne by you; or (b) luxury car tax that would not have
been payable by the supplier had you
*quoted for the supply in question and that was
borne by you; or (c) luxury car tax that you would not
have paid had you quoted for the
*importation in question; but only to the extent that you have not
*passed on that
amount or have not already been credited in respect of that amount. (1) You must claim a credit within 4 years of
becoming entitled to the credit. (2) A claim for a credit must be made in the
*approved form.
17-15 Excess
credits must be repaid If the amount of a credit you claim
exceeds the amount to which you are properly entitled under section 17-5,
the excess is to be treated as if it were luxury car tax that became payable,
and due for payment, by you at the time when the credit was paid or applied to
you. Note: The main effect of treating the amount as if
it were luxury car tax is to apply the collection and recovery rules in
Part 3-10 in Schedule 1 to the Taxation Administration Act 1953,
such as a liability to pay the general interest charge under section 105-80
in that Schedule.
18-1 What this
Division is about Refunds under this Division may be
available to primary producers and tourism operators for the supply of certain
cars.
18-5 Refunds for
tax borne--primary producers (1) You are entitled to a refund under this
section if: (a) you have a refund entitlement
under this section; and (b) you are
*registered; and (c) no one else has made a valid claim
for a refund in relation to the refund entitlement. (2) You have a refund entitlement if: (a) you have
*borne luxury car tax on the supply,
or
*importation,
of a
*refund-eligible
car (or you would have borne luxury car tax on the supply or importation if you
had acquired the
*car
directly rather than entering into a financing arrangement relating to the car);
and (b) at the time of the supply or
importation you are carrying on a
*primary production business. (3) The amount of the refund for a refund
entitlement under subsection (2) is the lesser of: (a)
8/
33
of the luxury car tax described in paragraph (2)(a); and (b) $3,000. (4) You cannot have a refund entitlement
under subsection (2) for more than one
*car in a
*financial year.
18-10 Refunds for
tax borne--tourism operators (1) You are entitled to a refund under this
section if: (a) you have a refund entitlement
under this section; and (b) you are
*registered; and (c) no one else has made a valid claim
for a refund in relation to the refund entitlement. (2) You have a refund entitlement if: (a) you have
*borne luxury car tax on the supply,
or
*importation,
of a
*refund-eligible
car (or you would have borne luxury car tax on the supply or importation if you
had acquired the
*car
directly rather than entering into a financing arrangement relating to the car);
and (b) the Commissioner is satisfied
that: (i) you will use the car
solely for the purpose of carrying on a business; and (ii) the principal purpose
of the business is carrying tourists for
*tourist activities. (3) The amount of the refund for a refund
entitlement under subsection (2) is the lesser of: (a)
8/
33
of the luxury car tax described in paragraph (2)(a); and (b) $3,000. (1) You must claim a refund within 4 years of
becoming entitled to the refund. (2) A claim for a refund must be in the
*approved form. If you are entitled to a refund under
this Division and you have claimed the refund, the Commissioner must, on behalf
of the Commonwealth, pay the amount of the refund to you.
Part 4--
Miscellaneous
21-1 Commonwealth
etc. not liable to pay luxury car tax (1) The Commonwealth and
*untaxable
Commonwealth entities are not liable to pay luxury car tax payable under this
Act. However, it is the Parliament's intention that the Commonwealth and untaxable
Commonwealth entities should: (a) be notionally liable to pay luxury
car tax payable under this Act; and (b) notionally have
*luxury car tax
adjustments arising under this Act. (2) The
*Finance Minister may give such written
directions as are necessary or convenient for carrying out or giving effect to subsection (1)
and, in particular, may give directions in relation to the transfer of
*money within an
account, or between accounts, operated by the Commonwealth or an
*untaxable Commonwealth
entity. (3) Directions under subsection (2) have
effect, and must be complied with, despite any other Commonwealth law.
21-5 Cancellation
of exemptions from luxury car tax (1) This section cancels the effect of a
provision of another Act that would have the effect of exempting a person from
liability to pay luxury car tax payable under this Act. (2) The cancellation does not apply if the
provision of the other Act: (a) commences after this section
commences; and (b) refers specifically to luxury car
tax payable under this Act.
21-10 Agreement
with Commissioner regarding calculation of luxury car tax values (1) The
*Commissioner may enter into an agreement
with you about calculating the
*luxury car tax values of particular supplies or
*importations of
*luxury cars. (2) So far as the agreement is inconsistent
with this Act, the agreement prevails.
21-15 Application
of the Criminal Code The Criminal Code applies to all
offences against this Act. The Governor-General may make
regulations prescribing matters: (a) required or permitted by this Act
to be prescribed; or (b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
Part 5--
Rules
for interpreting this Act
23-1 What forms
part of this Act (1) These all form part of this Act: the headings to the Parts, Divisions and Subdivisions of
this Act;
*explanatory sections; the headings to the sections and subsections of this
Act; the notes and examples (however described) that follow
provisions of this Act. (2) The asterisks used to identify defined
terms form part of this Act. However, if a term is not identified by an
asterisk, disregard that fact in deciding whether or not to apply to that term
a definition or other interpretation provision.
23-5 What does not
form part of this Act Footnotes and endnotes do not form part
of this Act.
23-10 Explanatory
sections, and their role in interpreting this Act (1) An explanatory section is: (a) any section that is the first
section in a Division and that has as its heading "What this Division is
about"; or (b) any section in Divisions 2, 3
and 4. (2) Explanatory sections form part of this
Act, but they are not operative provisions. In interpreting an operative
provision, an explanatory section may only be considered: (a) in determining the purpose or
object underlying the provision; or (b) to confirm that the provision's
meaning is the ordinary meaning conveyed by its text, taking into account its
context in this Act and the purpose or object underlying the provision; or (c) in determining the provision's
meaning if the provision is ambiguous or obscure; or (d) in determining the provision's
meaning if the ordinary meaning conveyed by its text, taking into account its
context in this Act and the purpose or object underlying the provision, leads
to a result that is manifestly absurd or is unreasonable.
(1) A luxury car is a
*car whose
*luxury car tax
value exceeds the
*luxury
car tax threshold. (2) However, a
*car is not a
*luxury car if it is: (a) a vehicle that is specified in the
regulations to be an emergency vehicle, or that is in a class of vehicles that
are specified in the regulations to be emergency vehicles; or (b) specially fitted out for
transporting
*disabled
people seated in wheelchairs (unless the supply of the car is
*GST-free under
Subdivision 38-P of the
*GST Act); or (c) a commercial vehicle that is not
designed for the principal purpose of carrying passengers; or (d) a motor home or campervan. Luxury car tax threshold--general (3) Subject to subsection (3A) and (4),
the luxury car tax threshold is: (a) the car depreciation limit that
applied under the former Subdivision 42-B of the
*ITAA 1997; or (b) the car limit that applies under
section 40-230 of that Act; for the year in which the supply of the car occurred or
the car was
*entered
for home consumption. (3A) On and from 1 July 2012 the luxury car
tax threshold is the luxury car tax threshold as at 30 June 2012 indexed
according to a factor to be determined by the Parliament and to apply from 1 July
2012 or, if such a factor is not determined by the Parliament, indexed annually
in accordance with the CPI indexation method provided for by Subdivision 960-M
of the
*ITAA
1997, calculated using the index number referred to in subsection 960-280(1) of
that Act. Luxury car tax threshold--fuel efficient cars (4) If the
*car has a fuel consumption not exceeding
7 litres per 100 kilometres as a combined rating under vehicle standards in
force under section 7 of the Motor Vehicle Standards Act 1989, the luxury
car tax threshold is the
*fuel-efficient car limit for the year in which the supply
of the car occurred or the car was
*entered for home consumption. (5) The fuel-efficient car limit
for the 2008-09
*financial
year is $75,000. The limit is indexed annually using Subdivision 960-M of
the
*ITAA
1997. (6) In indexing the
*fuel-efficient car limit,
Subdivision 960-M of the
*ITAA 1997 applies as if: (a) the table in section 960-265
of that Act included an item referring to the fuel-efficient car limit and to subsection (5)
of this section; and (b) the reference in subsection 960-270(1)
of that Act to provisions of that Act included a reference to subsection (5)
of this section; and (c) section 960-270 of that Act
applied, and section 960-285 of that Act did not apply, in relation to the
fuel-efficient car limit; and (d) the reference in subsection 960-280(2)
of that Act to the car limit included a reference to the fuel-efficient car
limit.
In this Act, unless the contrary
intention appears: ABN has the meaning given by section 41
of the A New Tax System (Australian Business Number) Act 1999. account on a cash basis: you account on a
cash basis while a choice you make under section 29-40 of the
*GST Act, or a
permission of the
*Commissioner
under section 29-45 of the
*GST Act in relation to you, has effect. adjustment has the meaning given by section 195-1
of the
*GST
Act. approved form has the meaning given by
section 995-1 of the
*ITAA 1997. associate has the meaning given by section 318
of the
*ITAA
1936. Australia does not include any external
Territory. However, it includes an installation (within the meaning of the Customs
Act 1901) that is deemed to be part of Australia by section 5C of that
Act. Australian fee or charge has the meaning
given by section 195-1 of the
*GST Act. Australian tax has the meaning given by
section 195-1 of the
*GST Act. borne: you have borne luxury car tax on the
supply of a
*car
if the
*consideration
that you provided for the supply included the tax. car means a
*motor vehicle (except a motor cycle or
similar vehicle) that is: (a) designed to carry a load of less
than 2 tonnes and fewer than 9 passengers; or (b) a limousine (regardless of the
number of passengers it is designed to carry). car parts has the meaning given by section 195-1
of the
*GST
Act. carrying on an
*enterprise includes doing anything in the
course of the commencement or termination of the enterprise. Commissioner means the Commissioner of
Taxation. connected with Australia, in relation to a
supply, has the meaning given by section 195-1 of the
*GST Act. consideration has the meaning given by
section 195-1 of the
*GST Act. corrected luxury car tax amount has the
meaning given by paragraph 15-10(c). customs duty means any duty of customs
imposed by that name under a law of the Commonwealth, other than: (a) the A New Tax System (Goods and
Services Tax Imposition--Customs) Act 1999; or (aa) the A New Tax System (Goods and
Services Tax Imposition (Recipients)--Customs) Act 2005; or (b) the A New Tax System (Luxury
Car Tax Imposition--Customs) Act 1999. Customs Tariff means the Customs Tariff
Act 1995 as amended by any Act, and as proposed to be amended by Customs
Tariff Proposals introduced into the House of Representatives. decreasing luxury car tax adjustment has the
meaning given by sections 15-25, 15-30, 15-35 and 15-40. disabled person means a person described in: (a) paragraphs 38-505(1)(a) and (b) of
the
*GST Act
(disabled veteran); or (b) paragraph 38-510(1)(a) of the GST
Act (person with a disability certificate). end supply of a
*car means a supply of a car to a
*recipient who is
not entitled to
*quote
in relation to that supply. enter for home consumption has the same
meaning as in the Customs Act 1901. enterprise has the meaning given by section 9-20
of the
*GST
Act. entity has the meaning given by section 184-1
of the
*GST
Act. explanatory section has the meaning given by
section 23-10. Finance Minister means the Minister
administering the Financial Management and Accountability Act 1997. financial year has the meaning given by
section 995-1 of the
*ITAA 1997. fuel-efficient car limit has the meaning
given by subsection 25-1(5). GST has the meaning given by section 195-1
of the
*GST
Act. GST Act means the A New Tax System (Goods
and Services Tax) Act 1999. GST-free: a supply is GST-free if it is GST-free
under Division 38 of the
*GST Act. GST group has the meaning given by section 48-5
of the
*GST
Act. GST inclusive market value has the meaning
given by section 195-1 of the
*GST Act. GST joint venture has the meaning given by
section 51-5 of the
*GST Act. import means import goods into
*Australia. increasing luxury car tax adjustment has the
meaning given by sections 15-20, 15-30, 15-35 and 15-45. international transport of a
*car and any
*car parts,
accessories or attachments covered by subsection 7-10(2) has the meaning given
by section 195-1 of the
*GST Act. ITAA 1936 means the Income Tax Assessment
Act 1936. ITAA 1997 means the Income Tax Assessment
Act 1997. joint venture operator, for a
*GST joint venture,
has the meaning given by section 195-1 of the
*GST Act. luxury car has the meaning given by section 25-1. luxury car tax means tax that is payable
under the
*luxury
car tax law and imposed as luxury car tax by any of these: (a) the A New Tax System (Luxury
Car Tax Imposition--General) Act 1999; or (b) the A New Tax System (Luxury
Car Tax Imposition--Customs) Act 1999; or (c) the A New Tax System (Luxury
Car Tax Imposition--Excise) Act 1999. luxury car tax adjustment means an
*increasing luxury
car tax adjustment or a
*decreasing luxury car tax adjustment. Note: Luxury car tax adjustments are provided for in
Division 15. luxury car tax adjustment event has the
meaning given by section 15-5. luxury car tax law means: (a) this Act; and (b) any Act that imposes luxury car
tax; and (c) the A New Tax System (Wine
Equalisation Tax and Luxury Car Tax Transition) Act 1999; and (d) the Taxation Administration Act
1953, so far as it relates to any Act covered by paragraphs (a) to
(c); and (e) any other Act, so far as it
relates to any Act covered by paragraphs (a) to (d) (or to so much of that
Act as is covered); and (f) regulations under any Act, so far
as they relate to any Act covered by paragraphs (a) to (e) (or to so much
of that Act as is covered). luxury car tax threshold has the meaning
given by subsection 25-1(3) or (4). luxury car tax value,
of a
*car,
means: (a) in
relation to the
*supply
of the car--the value given by section 5-20; or (b) in relation to the
*importation of the
car--the value given by section 7-15. member, in relation to a
*GST group, has the
meaning given by section 195-1 of the
*GST Act. money has the meaning given by section 195-1
of the
*GST
Act. more than 2 years old has the meaning given
by subsection 5-10(3). motor vehicle means a motor-powered road
vehicle (including a 4 wheel drive vehicle). net amount has the meaning given by section 195-1
of the
*GST
Act. non-taxable re-importation has the meaning
given by section 7-20. officer has the meaning given by the Corporations
Act 2001. overdue: a debt is overdue if there has been
a failure to discharge the debt, and that failure is a breach of the debtor's
obligations in relation to the debt. participant, in relation to a
*GST joint venture,
has the meaning given by section 195-1 of the
*GST Act. passed on, in relation to an amount of tax
that has been borne by a entity, does not include an amount that the entity has
passed on to another entity, but has later refunded to that other entity. place of consignment of a
*car and any
*car parts,
accessories or attachments covered by subsection 7-10(2) has the meaning given
by section 195-1 of the
*GST Act. previously attributed luxury car tax amount
has the meaning given in section 15-15. price, in relation to a supply, has the
meaning given by section 9-75 of the
*GST Act. primary production business has the meaning
given by section 995-1 of the
*ITAA 1997. quotable purpose means a use of a
*car for which you
may
*quote
under section 9-5. quote means quote an
*ABN. recipient, in relation to a supply, means the
*entity to
which the supply was made. refund-eligible car means a 4 wheel drive, or
all wheel drive,
*car
of a kind specified in regulations made for the purposes of this definition. registered means registered under Part 2-5
of the
*GST
Act. representative member, for a
*GST group, has the
meaning given by section 195-1 of the
*GST Act. required to be registered has the meaning
given by section 195-1 of the
*GST Act. research and development means systematic,
investigative and experimental activities that involve innovation or high
levels of technical risk and are carried on for the purpose of: (a) acquiring new knowledge (whether
or not that knowledge will have a specific practical application); or (b) creating new or improved
materials, products, devices or processes. supply has the meaning given by section 9-10
of the
*GST
Act. taxable importation of a luxury car has the
meaning given by section 7-10. taxable supply has the meaning given by
section 195-1 of the
*GST Act. taxable supply of a luxury car has the
meaning given by section 5-10. tax period has the meaning given by section 195-1
of the
*GST
Act. tourist activity has the meaning set out in
regulations made for the purposes of this definition. untaxable Commonwealth entity has the meaning
given by section 177-1 of the
*GST Act. you: if a provision of this Act uses the
expression you, it applies to entities generally, unless its
application is expressly limited. Note: The expression you is not used
in provisions that apply only to entities that are not individuals.


Notes to the A New Tax System (Luxury Car Tax) Act 1999
Note 1
The A New Tax System (Luxury Car Tax) Act 1999 as shown in this compilation comprises Act No. 76, 1999 amended as indicated in the Tables below.
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
For all other relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
76, 1999 |
8 July 1999 |
1 July 2000 |
|
|
|
A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 |
176, 1999 |
22 Dec 1999 |
Schedule 1 (items 169-186, 188, 191-202): (a) |
-- |
|
A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 |
177, 1999 |
22 Dec 1999 |
Schedule 1 (items 163-169): (b) |
-- |
|
44, 2000 |
3 May 2000 |
Schedule 3 (items 2, 3): (c) |
-- |
|
|
92, 2000 |
30 June 2000 |
Schedule 11 (item 16F): (d) |
S. 2(7) (am. by 156, 2000, Sch. 7 [item 18]) |
|
|
as amended by |
|
|
|
|
|
156, 2000 |
21 Dec 2000 |
Schedule 7 (item 18): (da) |
-- |
|
|
156, 2000 |
21 Dec 2000 |
Schedule 2 (items 13-18, 25(2)) and Schedule 6 (items 42, 43, 49(1)): Royal Assent (e) |
Sch. 2 (item 25(2)) and Sch. 6 (item 49(1)) |
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (item 35): 15 July 2001 (see Gazette 2001, No. S285) (f) |
Ss. 4-14 [see Note 1] |
|
New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 |
77, 2001 |
30 June 2001 |
Schedule 2 (items 15, 488(1)): Royal Assent (g) |
Sch. 2 (item 488(1)) (am. by 119, 2002, Sch. 3 [item 97]) |
|
as amended by |
|
|
|
|
|
119, 2002 |
2 Dec 2002 |
Schedule 3 (item 97): (h) |
-- |
|
|
Tax Laws Amendment (Long-term Non-reviewable Contracts) Act 2005 |
10, 2005 |
22 Feb 2005 |
Schedule 1 (item 16): 1 July 2005 |
-- |
|
Tax Laws Amendment (2006 Measures No. 2) Act 2006 |
58, 2006 |
22 June 2006 |
Schedule 7 (items 18-23): Royal Assent |
-- |
|
Fuel Tax (Consequential and Transitional Provisions) Act 2006 |
73, 2006 |
26 June 2006 |
Schedule 5 (items 140-142): 1 July 2006 |
-- |
|
101, 2008 |
3 Oct 2008 |
3 Oct 2008 |
Sch. 1 (item 10) and
Sch. 2 (item 6) |
|
|
as amended by |
|
|
|
|
|
Tax Laws Amendment (Luxury Car Tax--Minor Amendments) Act 2008 |
150, 2008 |
11 Dec 2008 |
Schedule 1 (item 8): (i) |
-- |
|
Tax Laws Amendment (Luxury Car Tax--Minor Amendments) Act 2008 |
150, 2008 |
11 Dec 2008 |
Schedule 1 (items 1-5): Royal Assent |
Sch. 1 (item 5) |
|
Tax Laws Amendment (2009 GST Administration Measures) Act 2010 |
20, 2010 |
24 Mar 2010 |
Schedule 5 (items 4, 5): Royal Assent |
Sch. 5 (item 5) |
|
56, 2010 |
3 June 2010 |
Schedule 6 (item 109): Royal Assent |
-- |
|
|
Tax Laws Amendment (2011 Measures No. 2) Act 2011 |
41, 2011 |
27 June 2011 |
Schedule 4 (items 11-16): Royal Assent |
Sch. 4 (item 16) |
(a) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 1 (items 169-202) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999, subsections 2(3) and (5) of which provide as follows:
(3) Part 2 of Schedule 1 (other than items 187, 189 and 190) commences immediately after the commencement of the A New Tax System (Luxury Car Tax) Act 1999.
(5) Items 127, 133, 187, 189, 190, 232 and 235 of Schedule 1 commence, or are taken to have commenced, on 1 July 2000, or immediately after the commencement of item 9 of Schedule 3 to the A New Tax System (Pay As You Go) Act 1999, whichever is later.
(b) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 1 (items 163-169) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999, subsection 2(3) of which provides as follows:
(3) Part 2 of Schedule 1 to this Act commences immediately after the commencement of Part 2 of Schedule 1 (other than the items for which specific commencement has been provided) to the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999.
Part 2 of Schedule 1 commenced on 1 July 2000.
(c) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 3 (items 2 and 3) only of the A New Tax System (Tax Administration) Act (No. 1) 2000, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section 1 of the A New Tax System (Tax Administration) Act 1999.
Section 1 commenced on 22 December 1999.
(d) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 1 (item 16F) only of the Indirect Tax Legislation Amendment Act 2000, subsection 2(7) of which provides as follows:
(7) Item 16F of Schedule 11 commences immediately after the commencement of Part 2 of Schedule 1 to the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999.
Part 2 of Schedule 1 commenced on 1 July 2000.
(da) The Indirect Tax Legislation Amendment Act 2000 was amended by Schedule 7 (item 18) only of the Taxation Laws Amendment Act (No. 8) 2000, subsection 2(7) of which provides as follows:
(7) Items 16 to 18 of Schedule 7 are taken to have commenced immediately after the Indirect Tax Legislation Amendment Act 2000 received the Royal Assent.
(e) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 2 (items 13-18) and Schedule 6 (items 42 and 43) only of the Taxation Laws Amendment Act (No. 8) 2000, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 3 (item 35) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(g) The A New Tax System (Luxury Car Tax) Act 1999 was amended by Schedule 2 (item 15) only of the New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(h) The New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 was amended by Schedule 3 (item 97) only of the Taxation Laws Amendment Act (No. 5) 2002, subsection 2(1) (item 9) of which provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
9. Items 79 to 99 of Schedule 3 |
Immediately after the commencement of section 2 of the New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 |
30 June 2001 |
(i) Subsection 2(1) (item 3) of the Tax Laws Amendment (Luxury Car Tax--Minor Amendments) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 8 |
Immediately after the commencement of the Tax Laws Amendment (Luxury Car Tax) Act 2008. |
3 October 2008 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 1 |
|
|
Division 2 |
|
|
S. 2-10................................ |
am. No. 101, 2008 |
|
Heading to s. 2-25............. |
rs. No. 73, 2006 |
|
S. 2-25................................ |
am. No. 73, 2006 |
|
Part 2 |
|
|
Division 5 |
|
|
S. 5-10................................ |
am. No. 176, 1999 |
|
S. 5-15................................ |
am. No. 101, 2008 |
|
S. 5-20................................ |
am. No. 176, 1999; No. 156, 2000; No. 41, 2011 |
|
Division 7 |
|
|
S. 7-10................................ |
am. Nos. 176 and 177, 1999; No. 156, 2000 |
|
S. 7-15................................ |
am. No. 176, 1999; No. 101, 2008 |
|
S. 7-20................................ |
ad. No. 156, 2000 |
|
Division 9 |
|
|
S. 9-20................................ |
am. No. 56, 2010 |
|
Part 3 |
|
|
Division 13 |
|
|
|
|
|
S. 13-15.............................. |
am. No. 156, 2000 |
|
|
|
|
S. 13-20.............................. |
am. No. 176, 1999 |
|
Note to s. 13-20(1) |
|
|
Note 2 to s. 13-20(1).......... |
ad. No. 44, 2000 |
|
|
am. No. 73, 2006 |
|
S. 13-25.............................. |
am. No. 176, 1999; No. 156, 2000 |
|
Division 15 |
|
|
|
|
|
S. 15-5................................ |
am. No. 176, 1999 |
|
|
|
|
S. 15-40.............................. |
am. Nos. 176 and 177, 1999 |
|
S. 15-45.............................. |
am. Nos. 176 and 177, 1999 |
|
Division 16 |
|
|
Div. 16 of Part 3................. |
ad. No. 176, 1999 |
|
S. 16-1................................ |
ad. No. 176, 1999 |
|
|
|
|
S. 16-5................................ |
ad. No. 176, 1999 |
|
S. 16-10.............................. |
ad. No. 176, 1999 |
|
|
|
|
S. 16-15.............................. |
ad. No. 176, 1999 |
|
S. 16-20.............................. |
ad. No. 176, 1999 |
|
S. 16-25.............................. |
ad. No. 176, 1999 |
|
Division 17 |
|
|
S. 17-15.............................. |
ad. No. 20, 2010 |
|
Division 18 |
|
|
Div. 18 of Part 3................. |
ad. No. 101, 2008 |
|
S. 18-1................................ |
ad. No. 101, 2008 |
|
S. 18-5................................ |
ad. No. 101, 2008 |
|
|
am. No. 150, 2008 |
|
S. 18-10.............................. |
ad. No. 101, 2008 |
|
|
am. No. 150, 2008 |
|
S. 18-15.............................. |
ad. No. 101, 2008 |
|
S. 18-20.............................. |
ad. No. 101, 2008 |
|
Part 4 |
|
|
Division 21 |
|
|
S. 21-1................................ |
am. No. 58, 2006 |
|
Part 5 |
|
|
Division 25 |
|
|
Heading to Div. 25 of ....... |
rs. No. 176, 1999 |
|
Subhead. to s. 25-1(3)....... |
ad. No. 101, 2008 |
|
S. 25-1................................ |
am. No. 176, 1999; No. 92, 2000; No. 77, 2001; No. 101, 2008 |
|
S. 25-5................................ |
rep. No. 176, 1999 |
|
Division 27 |
|
|
S. 27-1................................ |
am. Nos. 176 and 177, 1999; No. 156, 2000; No. 55, 2001; No. 10, 2005; No. 58, 2006; No. 101, 2008; No. 41, 2011 |
Table A
Application, saving or transitional provisions
Taxation Laws Amendment Act (No. 8) 2000 (No. 156, 2000)
Schedule 2
25 Application
(2) The rest of the amendments made by this Schedule apply, and are taken to have applied, to importations into Australia on or after 1 July 2000.
Schedule 6
49 Application
(1) The amendments made by items 1 to 8, 13 to 19, 22 to 35, 37, 39, 40, 42 and 43 apply, and are taken to have applied, in relation to net amounts for tax periods starting on or after 1 July 2000.
New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 (No. 77, 2001)
Schedule 2
488 Application
(1) Subject to this item, the amendments made by this Schedule apply to:
(a) depreciating assets:
(i) you start to hold under a contract entered into after 30 June 2001; or
(ii) you constructed where the construction started after that day; or
(iii) you start to hold in some other way after that day; and
(b) expenditure that does not form part of the cost of a depreciating asset incurred after that day.
Tax Laws Amendment (Luxury Car Tax) Act 2008 (No. 101, 2008)
Schedule 1
10 Application
(1) The amendments made by items 1 to 3 of this Schedule apply to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
(2) The amendments made by items 4 to 9 of this Schedule apply to taxable supplies of luxury cars and taxable importations of luxury cars on or after the day on which this Act receives the Royal Assent (regardless of when contracts for the supplies or importations were entered into).
13 Application
The amendments made by this Schedule do not apply where:
(a) the contract to make the taxable supply or taxable importation of the luxury car was entered into before 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 2008; or
(b) the contract to make the taxable supply or taxable importation of the luxury car was entered into before that time and, after that time, a contract to finance the making of the supply is entered into.
Schedule 2
6 Application
The amendments made by this Schedule apply to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
Tax Laws Amendment
(Luxury Car Tax--Minor Amendments) Act 2008
(No. 150,
2008)
Schedule 1
5 Application
The amendments made by items 1 to 4 apply to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
Tax Laws Amendment (2009 GST Administration Measures)
Act 2010
(No. 20, 2010)
Schedule 5
5 Application
The amendment made by item 4 applies in relation to claims made on or after the commencement of this Schedule.
Tax Laws Amendment (2011 Measures No. 2) Act 2011 (No. 41, 2011)
Schedule 4
16 Application provision
(1) The amendments made by this Schedule apply in relation to the payment, or the discharging of liability to make a payment, relating to an Australian tax, or an Australian fee or charge, imposed on or after 1 July 2011.
(2) However, the amendments do not apply in relation to a payment, or a discharge of a liability to make a payment, relating to an Australian tax, or an Australian fee or charge, imposed before 1 July 2012 if the payment is of a kind specified by legislative instrument (a Division 81 determination):
(a) made for the purposes of subsection 81-5(2) of the A New Tax System (Goods and Services Tax) Act 1999; and
(b) in force immediately before the commencement of this item.
(3) Despite the repeal of subsection 81-5(2) of the A New Tax System (Goods and Services Tax) Act 1999 by item 2 of this Schedule, a Division 81 determination continues to have effect, after the commencement of this item and before 1 July 2012, as if the repeal had not happened.