A New Tax System (Luxury Car Tax) Act 1999

Part 2 - Luxury car tax

Division 5 - Taxable supplies of luxury cars

5-20 The luxury car tax value of a car

(1)

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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 ;

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payable on the supply.

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History

S 5-20(1) amended by No 41 of 2011, s 3 and Sch 4 item 11, by substituting " *Australian tax or *Australian fee or charge " for " *Australian tax, fee or charge " in para (b), applicable 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. No 41 of 2011, s 3 and Sch 4 item 16 contains the following application provision:

16 Application provision
(1)
The amendments made 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 27 June 2011.

(3)
Despite the repeal of subsection 81-5(2) of the A New Tax System (Goods and Services Tax) Act 1999 , a Division 81 determination continues to have effect, after 27 June 2011 and before 1 July 2012, as if the repeal had not happened.

S 5-20(1) amended by No 176 of 1999, s 3 and Sch 1 item 170, by inserting " , fee or charge " in para (b), effective 1 July 2000.

(1A)

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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 .

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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)

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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

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(c) the * price of any modifications referred to in subsection (5) .

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