A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999 (REPEALED)
Part 1 - Preliminary
1 (Repealed by 101 of 2006)
1
Short title
This Act may be cited as the A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999. 2 (Repealed by 101 of 2006) 2 Commencement
This Act commences on 1 July 2000. Part 2 - Wine equalisation tax 3 (Repealed by 101 of 2006) Special GST credit for sales tax paid on stock (1)
You are entitled to a special credit for GST purposes if:
(a) you are registered as at 1 July 2000; and
(b) you have on hand, at the start of 1 July 2000, wine you acquired or imported that is held for the purposes of sale or exchange (but not for manufacture) in the ordinary course of business.
(2)
However, this section:
(a) does not apply if you have borne sales tax in respect of the wine at a rate that is less than 20%; and
(b) does not apply to second-hand goods.
(2A)
This section applies to wine that is the subject of a supply to which section 6A of the A New Tax System (Goods and Services Tax Transition Act 1999 applies as if the reference in paragraph (1)(b) of this section to having wine on hand at the start of 1 July 2000 were a reference to having wine on hand immediately after the end of the transition trading period (within the meaning of that section).
(3)
If you have borne sales tax in respect of the wine at a rate of more than 26%, the amount of the special credit is equal to 12/41 of the amount of sales tax that you have borne in respect of the wine.
(3A)
If you have borne sales tax in respect of the wine at a rate of not more than 26% but at least 20%, the amount of the special credit is as follows:
(3B)
However, if the amount of sales tax you have borne in respect of the wine changes after 1 July 2000, the amount of the special credit changes accordingly.
(4)
The special credit is treated as though it were an input tax credit attributable to any one tax period of your choice. However, you are not entitled to it unless you separately identify it in a GST return that you lodge for a tax period that ends before 7 January 2001.
(4A)
If the amount of the special credit changes under subsection (3B) after you lodged that return, you must lodge with the Commissioner an amended GST return for that tax period. You must lodge it on or before the 21st day of the month following the end of the tax period in which the change happens.
(5)
The Commissioner may make a written ruling determining methods for working out the amount of sales tax that you have borne in respect of specified wine in cases where that amount is not readily ascertainable.
(6)
In this section:
(7)
Other expressions in this section have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
4 (Repealed by 101 of 2006) Wine tax credits relating to sales tax borne on wine (1)
If, before 1 July 2000, an entity has become liable to sales tax on an assessable dealing with wine, the entity is treated, for the purposes of the A New Tax System (Wine Equalisation Tax) Act 1999, as if the entity has borne wine tax on the wine.
(2)
However, the sales tax for which the entity has become liable is not counted to the extent to which:
(a) it has been the basis of a sales tax or wine tax credit entitlement; or
(b) the entity is entitled under section 3 to a special credit for GST purposes in respect of the wine.
(3)
If, before 1 July 2000, an entity purchased wine for a price that included sales tax, the entity is treated, for the purposes of the A New Tax System (Wine Equalisation Tax) Act 1999, as if the entity has borne wine tax on the wine. However, the amount of wine tax borne is to be reduced by:
(a) any amount of the sales tax included in that price that has been refunded; and
(b) any amount of sales tax or wine tax credited to the entity; and
(c) any amount of a special credit for GST purposes to which the entity is entitled under section 3 in respect of the wine.
(4)
In this section, assessable dealing and sales tax have the meanings given by section 5 of the Sales Tax Assessment Act 1992 as in force immediately before 1 July 2000.
(5)
Other expressions in this section have the same meaning as in the A New Tax System (Wine Equalisation Tax) Act 1999.
Part 3 - Luxury car tax 5 (Repealed by 101 of 2006) Application of luxury car tax law (1)
The luxury car tax law does not apply to a supply of a car if:
(a) the car was sold by a retail sale in Australia before 1 July 2000; or
(b) the car was imported into Australia before 1 July 2000, and nobody was entitled to quote under the Sales Tax Assessment Act 1992 for the importation; or
(c) there is an AOU of the car before 1 July 2000, and a special credit under section 16 of the A New Tax System (Goods and Services Tax Transition) Act 1999 does not arise in relation to the car.
(2)
In this section, AOU , import , quote and retail sale have the meanings given by section 5 of the Sales Tax Assessment Act 1992 as in force immediately before 1 July 2000.
(3)
In this section, Australia , car , luxury car tax law , and supply have the meanings given in the A New Tax System (Luxury Car Tax) Act 1999.
Part 4 - Regulations 6 (Repealed by 101 of 2006) Regulations (1)
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.
(2)
In particular, regulations may be made for other transitional measures relating to:
(a) the end of sales tax; or
(b) the start of the wine equalisation tax or the luxury car tax; or
(c) the transition from sales tax to the wine equalisation tax or the luxury car tax.
This Act may be cited as the A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999. 2 (Repealed by 101 of 2006) 2 Commencement
This Act commences on 1 July 2000. Part 2 - Wine equalisation tax 3 (Repealed by 101 of 2006) Special GST credit for sales tax paid on stock (1)
You are entitled to a special credit for GST purposes if:
(a) you are registered as at 1 July 2000; and
(b) you have on hand, at the start of 1 July 2000, wine you acquired or imported that is held for the purposes of sale or exchange (but not for manufacture) in the ordinary course of business.
(2)
However, this section:
(a) does not apply if you have borne sales tax in respect of the wine at a rate that is less than 20%; and
(b) does not apply to second-hand goods.
View history note
Hide history note(2A)
This section applies to wine that is the subject of a supply to which section 6A of the A New Tax System (Goods and Services Tax Transition Act 1999 applies as if the reference in paragraph (1)(b) of this section to having wine on hand at the start of 1 July 2000 were a reference to having wine on hand immediately after the end of the transition trading period (within the meaning of that section).
(3)
If you have borne sales tax in respect of the wine at a rate of more than 26%, the amount of the special credit is equal to 12/41 of the amount of sales tax that you have borne in respect of the wine.
(3A)
If you have borne sales tax in respect of the wine at a rate of not more than 26% but at least 20%, the amount of the special credit is as follows:
| Sales tax amount | × |
Sales tax rate − 14%
Sales tax rate |
where:
sales tax amount
is the amount of sales tax that you have borne in respect of the wine.
sales tax rate
is the rate at which you have borne sales tax in respect of the wine.
(3B)
However, if the amount of sales tax you have borne in respect of the wine changes after 1 July 2000, the amount of the special credit changes accordingly.
(4)
The special credit is treated as though it were an input tax credit attributable to any one tax period of your choice. However, you are not entitled to it unless you separately identify it in a GST return that you lodge for a tax period that ends before 7 January 2001.
(4A)
If the amount of the special credit changes under subsection (3B) after you lodged that return, you must lodge with the Commissioner an amended GST return for that tax period. You must lodge it on or before the 21st day of the month following the end of the tax period in which the change happens.
(5)
The Commissioner may make a written ruling determining methods for working out the amount of sales tax that you have borne in respect of specified wine in cases where that amount is not readily ascertainable.
Note:
Wine may be specified by name, by inclusion in a specified class or in any other way.
(6)
In this section:
sales tax
means any tax imposed under the name of sales tax by any Act.
wine
has the meaning given by Subdivision 31-A of the A New Tax System (Wine Equalisation Tax) Act 1999.
(7)
Other expressions in this section have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
4 (Repealed by 101 of 2006) Wine tax credits relating to sales tax borne on wine (1)
If, before 1 July 2000, an entity has become liable to sales tax on an assessable dealing with wine, the entity is treated, for the purposes of the A New Tax System (Wine Equalisation Tax) Act 1999, as if the entity has borne wine tax on the wine.
(2)
However, the sales tax for which the entity has become liable is not counted to the extent to which:
(a) it has been the basis of a sales tax or wine tax credit entitlement; or
(b) the entity is entitled under section 3 to a special credit for GST purposes in respect of the wine.
(3)
If, before 1 July 2000, an entity purchased wine for a price that included sales tax, the entity is treated, for the purposes of the A New Tax System (Wine Equalisation Tax) Act 1999, as if the entity has borne wine tax on the wine. However, the amount of wine tax borne is to be reduced by:
(a) any amount of the sales tax included in that price that has been refunded; and
(b) any amount of sales tax or wine tax credited to the entity; and
(c) any amount of a special credit for GST purposes to which the entity is entitled under section 3 in respect of the wine.
(4)
In this section, assessable dealing and sales tax have the meanings given by section 5 of the Sales Tax Assessment Act 1992 as in force immediately before 1 July 2000.
(5)
Other expressions in this section have the same meaning as in the A New Tax System (Wine Equalisation Tax) Act 1999.
Part 3 - Luxury car tax 5 (Repealed by 101 of 2006) Application of luxury car tax law (1)
The luxury car tax law does not apply to a supply of a car if:
(a) the car was sold by a retail sale in Australia before 1 July 2000; or
(b) the car was imported into Australia before 1 July 2000, and nobody was entitled to quote under the Sales Tax Assessment Act 1992 for the importation; or
(c) there is an AOU of the car before 1 July 2000, and a special credit under section 16 of the A New Tax System (Goods and Services Tax Transition) Act 1999 does not arise in relation to the car.
(2)
In this section, AOU , import , quote and retail sale have the meanings given by section 5 of the Sales Tax Assessment Act 1992 as in force immediately before 1 July 2000.
(3)
In this section, Australia , car , luxury car tax law , and supply have the meanings given in the A New Tax System (Luxury Car Tax) Act 1999.
Part 4 - Regulations 6 (Repealed by 101 of 2006) Regulations (1)
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.
(2)
In particular, regulations may be made for other transitional measures relating to:
(a) the end of sales tax; or
(b) the start of the wine equalisation tax or the luxury car tax; or
(c) the transition from sales tax to the wine equalisation tax or the luxury car tax.