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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
A New Tax
System (Luxury Car Tax) Bill 1999
No. ,
1999
(Treasury)
A Bill
for an Act about a luxury car tax to implement A New Tax System, and for related
purposes
ISBN: 0642
391831
Contents
A Bill for an Act about a luxury car tax to implement A
New Tax System, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the A New Tax System
(Luxury Car Tax) Act 1999.
This Act commences on 1 July 2000.
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)
(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)
Part 4 deals with miscellaneous matters.
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.
Part VI of the Taxation Administration Act 1953 contains
provisions relating to the administration of the luxury car tax, and to the
collection and recovery of amounts of luxury car tax.
(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.
(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.
|
Item |
This term: |
|---|---|
|
1 |
luxury car tax |
|
2 |
supply |
|
3 |
you |
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.
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.
You must pay the luxury car tax payable on any
*taxable supply of a luxury car that you
make.
(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-D 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 imported more than 2 years before the time of the
supply.
(1) The
amount of luxury car tax payable on a *taxable
supply of a luxury car is as follows:
(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).
(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, other than
*GST and
*customs duty;
payable on the supply.
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.
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.
You must pay the luxury car tax payable on any
*taxable importation of a luxury car that you
make.
(1) You make a taxable importation of a luxury car if you
*import the
*luxury car.
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 17, 18A, 18B, 18C, 21 or 24 in Schedule 4
to the Customs Tariff.
(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
if the car were dutiable goods within the meaning of the Customs Act
1901.
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) to transport the car and any car parts, accessories or attachments
covered by subsection 7-10(2) to *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).
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-D 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.
(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.
If you *quote in circumstances in which
you are not entitled to quote, or the quote is not in the
*approved from, 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.
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).
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.
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.
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.
(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.
(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.
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: The regulations could (for example) allow for deferral
of payments to coincide with payments of net amounts.
(1) If:
(a) you make a *taxable importation of a
luxury car; and
(b) a security or undertaking has been given under section 162 or 162A of
the Customs Act 1901 for the payment of
*customs duty on the car;
any amount of luxury car tax on the importation is not payable while, under
subsection 162(3) or 162A(5) of that Act (as the case requires), customs duty is
not payable on the car.
(2) This section has effect despite section 13-20.
Division 165 of the *GST Act applies to
amounts payable under this Subdivision as if they were amounts payable under the
GST Act.
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.
(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.
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.
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.
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.
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.
(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.
(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.
(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;
minus
(b) the amount of luxury car tax (if any) that would be payable if the
*luxury car tax value relating to the supply of
the car were an amount equal to that value reduced by an amount equal to the
amount of the debt written off as bad.
(3) You cannot have a *luxury car tax
adjustment under this section if you *account
on a cash basis.
(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 written off as bad; and
(b) you recover the whole or a part of the amount written off.
(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
*luxury car tax value relating to the supply of
the car were an amount equal to that value reduced by the amount of the debt
previously written off as bad and then increased by an amount equal to the
amount recovered; minus
(b) the amount of luxury car tax (if any) that would be payable if the
*luxury car tax value of the car were an amount
equal to that value reduced by an amount equal to the amount of the debt
previously written off as bad.
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.
(1) The
Commonwealth and *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 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 a
*Commonwealth entity.
(3) Directions under subsection (2) have effect, and must be complied
with, despite any other Commonwealth law.
(4) Commonwealth entity means:
(a) an Agency (within the meaning of the Financial Management and
Accountability Act 1997); or
(b) a Commonwealth authority (within the meaning of the Commonwealth
Authorities and Companies Act 1997);
that cannot be made liable to taxation by a Commonwealth law.
(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.
(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.
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.
(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.
Footnotes and endnotes do not form part of 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-N of the *GST Act).
(3) The luxury car tax threshold is the car depreciation
limit that applies under Subdivision 42-B of the
*ITAA 1997 for the year in which the supply of
the car occurred.
(1) A notice, application or other document is in the approved
form if:
(a) it is in the form approved in writing by the
*Commissioner in relation to that kind of
notice, application or other document; and
(b) it contains the information that the form requires, and such further
information as the Commissioner requires; and
(c) it is given, to the *entity to which
it is required to be given, in the manner (if any) that the Commissioner
requires; and
(d) it is, if required by this Act to be given to the Commissioner, lodged
at the place that the Commissioner requires.
(2) The *Commissioner may combine in the
same approved form more than one notice, application or other
document.
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
25-5.
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 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) designed to carry a load of less than
2 tonnes and fewer than 9 passengers.
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.
Commonwealth entity has the meaning given by subsection
21-1(4).
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
(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.
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.
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 inclusive market value has the meaning given by section
195-1 of the *GST Act.
import has the meaning given by section 195-1 of the
*GST Act.
increasing luxury car tax adjustment has the meaning given by
sections 15-20, 15-30, 15-35 and 15-45.
ITAA 1936 means the Income Tax Assessment Act
1936.
ITAA 1997 means the Income Tax Assessment Act
1997.
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
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.
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.
officer has the meaning given by the Corporations
Law.
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.
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.
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.
registered means registered under Part 2-5 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 in
section 5-10.
tax period has the meaning given by section 195-1 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.