Chapter 3
-
The exemptions
Part 3-1
-
Supplies that are not taxable supplies
Division 38
-
GST-free supplies
Subdivision 38-P
-
Cars for use by disabled people
38-510
Other disabled people
(1)
A supply is
GST-free
if it is a supply of a *
car
to an individual who:
(a)
has a current certificate of medical eligibility issued by a *medical practitioner, in the *approved form, certifying that the individual has lost the use of one or more limbs to such an extent that the individual is unable to use public transport; and
(b)
intends to use the car in his or her personal transportation to or from gainful employment during all of the *
Subdivision 38-P period
.
History
S 38-510(1) amended by No 127 of 2021, s 3 and Sch 3 item 44, by substituting para (a), effective 1 January 2022. Para (a) formerly read:
(a) has a current disability certificate issued by:
(i) the person holding the position of Managing Director of the nominated company (within the meaning of Part 2 of the
Hearing Services and AGHS Reform Act 1997
); or
(ii) an officer or employee of that company who is authorised in writing by the Managing Director for the purposes of this section;
certifying that the individual has lost the use of one or more limbs to such an extent that he or she is unable to use public transport; and
S 38-510(1) amended by No 176 of 1999, s 3 and Sch 1 item 76, by substituting para (a)(i) and (ii), effective 1 July 2000. Para (a)(i) and (ii) formerly read:
(i)
the Secretary to the Department responsible for the administration of the
Disability Services Act 1986
; or
(ii)
an officer of that Department authorised in writing by that Secretary for the purposes of this Act;
(2)
However, a supply covered by subsection
(1)
is
not
GST-free to the extent that the *
GST inclusive market value
of the *
car
exceeds the *
car limit
.
History
S 38-510(2) amended by No 77 of 2001, s 3 and Sch 2 item 11, by substituting
"
*car limit
"
for
"
*car depreciation limit'
"
, applicable to:
(a) depreciating assets:
(i) you start to hold under a contract entered into after 30 June 2001; or
(ii) you constructed where the construction started after that day; or
(iii) you start to hold in some other way after that day; and
(b) expenditure that does not form part of the cost of a depreciating asset incurred after that day.
(3)
In working out the *
GST inclusive market value
of the *
car
for the purposes of subsection
(2)
, disregard any value that is attributable to modifications made to the car solely for the purpose of:
(a)
adapting it for driving by the individual; or
(b)
adapting it for transporting the individual.
(4)
A supply is
GST-free
if it is a supply of *
car parts
that are for a *
car
for an individual to whom paragraphs
(1)(a)
and
(b)
applies.