Part 3
-
Paying the luxury car tax
Division 18
-
Refunds
History
Div 18 inserted by No 101 of 2008, s 3 and Sch 2 item 2, applicable to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
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
.
History
S 18-5(2) amended by No 150 of 2008, s 3 and Sch 1 item 1, by inserting
"
(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)
"
after
"
*refund-eligible car
"
in para (a), applicable to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
(3)
The amount of the refund for a refund entitlement under subsection (2) is the lesser of:
(a)
the amount of the luxury car tax described in paragraph (2)(a); and
(b)
$10,000.
History
S 18-5(3) substituted by No 94 of 2019, s 3 and Sch 2 item 1, effective 1 January 2020 and applicable to refund-eligible cars supplied or imported on or after 1 July 2019. S 18-5(3) formerly read:
(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.
S 18-5(3) amended by No 150 of 2008, s 3 and Sch 1 item 2, by omitting
"
*borne by you as
"
after
"
luxury car tax
"
in para (a), applicable to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
(4)
You cannot have a refund entitlement under subsection (2) for more than one *
car
in a *
financial year
.
History
S 18-5 inserted by No 101 of 2008, s 3 and Sch 2 item 2, applicable to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.