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A NEW TAX SYSTEM (LUXURY CAR TAX) ACT 1999 - SECT 17.5

Credits for tax borne
(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.



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