Edited version of private advice

Authorisation Number: 1052188650533

Date of advice: 2 November 2023

Ruling

Subject: GST - car limit

Question

Are you entitled to claim the full GST credit of the GST paid on the acquisition of the Vehicle under the A new Tax System (Goods and Services Tax) Act 1999 (GST Act)?

Answer

Yes, you are entitled to claim the full GST credit of the GST paid on the acquisition of the vehicle under section 11-20 of the GST Act as the acquisition would be a creditable acquisition under section 11-5 of the GST Act to the extent it is used for a creditable purpose.

This ruling applies for the following periods:

1 July 2023 to 30 June 2024

1 July 2024 to 30 June 2025

1 July 2025 to 30 June 2026

1 July 2026 to 30 June 2027

The scheme commenced on:

7 September 2023

Relevant facts and circumstances

XXXX & XXXX are a partnership that is carrying on an enterprise with an ABN and registered for GST.

They purchased a Crew Cab (Vehicle).

The Vehicle has the following specifications

      The Towing capacity for this vehicle is WWWWkg

      The Seating capacity for this vehicle is P people

      The payload/carrying capacity for this vehicle is WWWkg (Gross Vehicle Mass WWWWkg, Kerb Weight WWWWkg)

The entity runs a business and needs to be able to tow a large trailer with their equipment, tools and materials to jobs at various locations. The vehicle purchased by the entity has the towing capacity to achieve this which other vehicles on the market do not. The vehicle has been purchased solely for the use in their business and not for a private purpose.

Relevant legislative provisions

A New Tax System (Goods and Services Tax) Act 1999 section 11-5

A New Tax System (Goods and Services Tax) Act 1999section 11-20

A New Tax System (Goods and Services Tax) Act 1999subsection 69-10(1)

A New Tax System (Goods and Services Tax) Act 1999subsection 69-10(4)

A New Tax System (Luxury Car Tax) Act 1999subsection 25-1(2)(c)

Income Tax Assessment Act 1997 section 995-1

Income Tax Assessment Act 1997 section 40-230

Reasons for decision

Under section 11-20 of the GST Act you are entitled to GST credit for any creditable acquisition that you make.

Section 11-5 of the GST Act provides that you make a creditable acquisition if:

a)    you acquire anything solely or partly for a creditable purpose,

b)    the supply of the thing to you is a taxable supply,

c)    you provide, or are liable to provide, consideration for the supply, and

d)    you are registered or required to be registered for GST.

Under subsection 11-15(1) of the GST Act you acquire a thing for a creditable purpose to the extent that you acquire it in carrying on your enterprise.

However, under subsection 11-15(2) of the GST Act you do not acquire the thing for a creditable purpose to the extent that the acquisition relates to making supplies that would be input taxed or the acquisition is of a private or domestic nature.

Based on the information provided, you satisfy paragraphs 11-5(a) to (d) of the GST Act as follows:

a)    you purchased the vehicle to carry on your enterprise and the Vehicle is used primarily for business purposes and you do not use the vehicle to make any input taxed supplies. Therefore, you acquired the Vehicle for a creditable purpose, and

b)    the supply of the Vehicle to you is a taxable supply, and

c)    you provided consideration for the Vehicle, and

d)    you are registered for GST.

Therefore, you made a creditable acquisition under section 11-5 of the GST Act when you acquired the Vehicle for your business. You are therefore entitled to claim GST credits on the Vehicle.

The amount of GST credit for a creditable acquisition is equal to the GST payable on the supply of thing acquired unless:

1.            the acquisition is partly creditable; in which case, the GST credit is worked out based on the extent of the creditable purpose, or

2.            subsection 69-10(1) of the GST Act applies.

Subsection 69-10(1) of the GST Act limits the amount of GST credit for a creditable acquisition or creditable importation of a 'car'. Where the GST inclusive market value of the 'car' exceeds the 'car limit' for the financial year in which you first used the car for any purpose, the amount of GST credit is 1/11th of that limit.

For the purpose of subsection 69-10(1) of the GST Act, a 'car' and the 'car limit' refers to the Income Tax Assessment Act 1997 (ITAA 1997) sections 995-1 and 40-230 respectively.

Section 995-1 of the ITAA 1997 defines a 'car' as a motor vehicle designed to carry a load of less than 1 tonne and fewer than 9 passengers.

The Vehicle is designed to carry a load of less than 1 tonne and fewer than 9 passengers.

Subsection 40-230(3) of the ITAA 1997 states the 'car limit' is indexed each year. For the 2023/24 financial year, the car limit is $68,108.

The Vehicle was purchased for an amount exceeding the 'car limit' during the 2023/24 financial year.

Subsection 69-10(1) applies unless it is excluded by subsection 69-10(4) of the GST Act.

Subsection 69-10(4) provides subsection 69-10(1) does not apply to a vehicle that is not a luxury car under subsection 25-1(2) of the A New Tax System (Luxury Car Tax) Act 1999 (LCT Act).

Paragraph 25-1(2)(c) of the LCT Act provides that a car is not a luxury car if it is a commercial vehicle that is not designed for the principal purposes of carrying passengers.

The term 'commercial vehicle' is not defined in the LCT Act and therefore, the ordinary meaning of the words applies. The Macquarie Dictionary online, www.macquariedictionary.com.au viewed 25 October 2023, gives the following meaning to the term 'commercial vehicle':

a vehicle able to carry goods or passengers, and designated for use by businesses, as a panel van, utility, etc.

Vehicle's that are listed as a crew cab, as the Vehicle is described, are assessed under the vehicle type of a dual cab as per Miscellaneous Taxation Ruling 2024 (MT 2024). Crew cab vehicles with a load carrying capacity of less than one tonne can be designed to carry both passengers and goods. The principal purpose of these vehicles depends on its load carrying capacity and whether it is designed to carry mainly passengers or goods. MT 2024 provides a calculation that can be used to determine the principal purpose for which a crew cab has been designed.

MT 2024 details the method used to determine whether the principal purpose of a vehicle is for carrying passengers and states the following at paragraph 14:

...It is considered that the appropriate basis for determining this issue is whether or not the majority of the designed load capacity is attributable to passenger carrying capacity. This approach is consistent with that adopted under the Australian Design Rules (ADR) in determining what is a passenger vehicle.

The ADR at 4.5.2 states that:

A vehicle constructed for both the carriage of persons and the carriage of goods shall be considered to be primarily for the carriage of goods if the number of seating positions times 68kg is less than 50 percent of the difference between the 'Gross Vehicle Mass' and the 'Un-laden Mass'.

This calculation provides that a vehicle will be considered to be constructed for primarily carrying goods if the number of seats multiplied by 68kg is less than 50% of the difference between the GVM and the unladen mass (i.e. the payload).

In this case, based on the information provided, the Vehicle has a principal purpose of carrying goods.

Taking into account the calculation utilised from MT 2024, the Vehicle is considered a commercial vehicle that is not designed for the principal purpose of carrying passengers, instead the Vehicle is a commercial vehicle used for the principal purpose of carrying goods used for business or trade.

Therefore, as the Vehicle is not a luxury car in accordance with subsection 25-1(2) of the LCT Act, subsection 69-10(4) of the GST Act excludes the application of subsection 69-10(1) to your GST credits claim on the purchase of the vehicle. Accordingly, you are entitled to claim the full GST credit equal to the GST that you paid on the acquisition of the vehicle.