Senate

Tax Laws Amendment (Luxury Car Tax) Bill 2008

Explanatory Memorandum

Circulated By the Authority of the Treasurer, the Hon Wayne Swan Mp

Chapter 1 - Amendment

Amendment

1.1 This amendment to the Tax Laws Amendment (Luxury Car Tax) Bill 2008 has the objective of establishing a $75,000 fuel-efficient car limit for vehicles with a fuel consumption not exceeding 7 litres per 100 kilometres as a combined rating under vehicle standards in force under section 7 of the Motor Vehicle Standards Act 1989 to apply from the date of Royal Assent.

1.2 For fuel-efficient cars, the fuel-efficient car limit replaces the luxury car tax threshold in a calculation of luxury car tax payable.

1.3 Fuel-efficient cars will be subject to the equivalent luxury car tax rate as other luxury cars. Additionally, such cars will be subject to the car depreciation limit and goods and services input tax credits would be determined based upon the car limit (which is currently $57,180).

1.4 This amendment establishes a definition for cars subject to the fuel-efficient car limit. That is, 'if the car has a fuel consumption not exceeding 7 litres per 100 kilometres as a combined rating under vehicle standards in force under section 7 of the Motor Vehicle Standards Act 1989 , the luxury car tax threshold is the fuel-efficient car limit for the year in which the supply of the car occurred or the car was entered for home consumption'.

1.5 This amendment establishes that the fuel-efficient car limit for the 2008-09 financial year is $75,000.

1.6 Additionally this amendment ensures that 'financial year' has the meaning given by section 995-1 of the Income Tax Assessment Act 1997 .

1.7 This amendment also ensures that the fuel-efficient car limit is indexed annually by the motor vehicle purchase sub-group of the consumer price index, as is the general luxury car tax threshold.

1.8 This amendment applies to taxable supplies and taxable importations of luxury cars on and after the day on which the Bill receives Royal Assent. This is despite any other application provisions in this Bill. This will mean that the fuel efficient car limit will apply to taxable supplies or taxable importations of fuel efficient cars on and after the date of Royal Assent even where a contract was entered into before the date of Royal Assent.


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