A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 (176 of 1999)

Schedule 1   Indirect Tax Acts

Part 2   Amendment of the A New Tax System (Luxury Car Tax) Act 1999

186   After Division 15

Insert:

Division 16 - GST groups and GST joint ventures

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.

Subdivision 16-A - Members of GST groups

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).

Subdivision 16-B - Participants in GST joint ventures

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.