ATO Interpretative Decision

ATO ID 2002/871 (Withdrawn)

Goods and Services Tax

LCT and dealer delivery charges and warranties
FOI status: may be released
  • This ATO ID is withdrawn as the ATO view on this matter is now contained in the Guide to luxury car tax.
    This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.

Issue

Does the entity, a car dealer, include costs for:

dealer delivery;
statutory warranties; and
standard manufacturer's warranty

that are incorporated into the price of the car, in the 'luxury car tax value' as defined in section 5-20 of the A New Tax System (Luxury Car Tax) Act 1999 (LCT Act)?

Decision

Yes, the entity does include the above costs that are incorporated into the price of the car, in the 'luxury car tax value' as defined in section 5-20 of the LCT Act.

Facts

The entity is a car dealer. The entity sells a luxury car. The sale is a taxable supply of a luxury car under section 5-10 of the LCT Act.

The amount charged by the dealer for the luxury car includes:

dealer delivery;
statutory warranties; and
standard manufacturer's warranty.

They are not separate supplies to the supply of the car.

The entity is registered for goods and services tax (GST).

Reasons for Decision

Section 5-20 of the LCT Act defines the 'luxury car tax value' of a car. Subsection 5-20(1) of the LCT Act provides that the luxury car tax value is the price of the car excluding:

any luxury car tax for that supply; and
any other Australian tax, fee or charge, other than GST and customs duty payable on the supply of the car.

'Price' is defined in section 27-1 of the LCT Act as having the same meaning given in section 9-75 of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). Section 9-75 of the GST Act defines price as the amount of consideration received for the supply including the GST payable on the supply.

The entity is making a taxable supply of a luxury car to a customer. The amount charged by the entity includes the costs of:

dealer delivery;
statutory warranties; and
standard manufacturer's warranty.

These items form part of the supply of the car. They are not separate supplies to the supply of the car. Therefore, the cost of these items is part of the consideration (the price) for the supply of the car.

As the costs are part of the price of the luxury car, they are included in the 'luxury car tax value' as defined in section 5-20 of the LCT Act.

Date of decision:  23 August 2001

Legislative References:
A New Tax System (Goods and Services Tax) Act 1999
   section 9-75

A New Tax System (Luxury Car Tax) Act 1999
   section 5-10
   section 5-20
   subsection 5-20(1)
   section 27-1

Related ATO Interpretative Decisions
ATO ID 2002/869
ATO ID 2002/870
ATO ID 2002/872

Other References:
Guide to Luxury Car Tax - NAT 3394
Luxury Car Tax Fact Sheet - NAT 2963

Keywords
Goods & services tax
GST Luxury Car Tax Stream

Business Line:  GST

Date of publication:  27 August 2002

ISSN: 1445-2782

history
  Date: Version:
  23 August 2001 Original statement
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