A New Tax System (Luxury Car Tax) Act 1999

Part 3 - Paying the luxury car tax  

Division 17 - Credits  

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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