A New Tax System (Goods and Services Tax) (Particular Attribution Rules for Certain Motor Vehicle Incentive Payments Made to Motor Vehicle Dealers) Legislative Instrument 2015
Reference: PAR 2015/1
Document type: Legislative Instrument
Enabling act: A New Tax System (Goods and Services Tax) Act 1999
Date of issue: 19 November 2015
Signatory: Tim Dyce Deputy Commissioner of Taxation
Registration number: F2015L01868
Registration date: 30 November 2015


1. Name of instrument: This legislative instrument is the A New Tax System (Goods and Services Tax) (Particular Attribution Rules for Certain Motor Vehicle Incentive Payments Made to Motor Vehicle Dealers) Legislative Instrument 2015. | 2. Commencement: (a) This legislative instrument is taken to have commenced on 1 January 2015. (b) This legislative instrument does not revoke, amend or vary any previous legislative instrument made by the Commissioner or a delegate. (a) This legislative instrument is taken to have commenced on 1 January 2015. (b) This legislative instrument does not revoke, amend or vary any previous legislative instrument made by the Commissioner or a delegate. | 3. Application: This legislative instrument applies if: (a) a motor vehicle dealer either: (i) receives a third party motor vehicle incentive payment in a tax period; or (ii) issues an invoice for a third party motor vehicle incentive payment in a tax period, before receiving the payment; and (b) the third party motor vehicle incentive payment relates to the supply of a motor vehicle by the motor vehicle dealer where use, enjoyment and passing of title will occur in a later tax period; and (c) the motor vehicle dealer does not know the total consideration for the supply of the motor vehicle by the end of the tax period during which: (i) if clause 3(a)(i) applies - the third party motor vehicle incentive payment was received; or (ii) if clause 3(a)(ii) applies - the invoice for the third party motor vehicle incentive payment was issued; and (d) the supply of the motor vehicle will be a taxable supply. (a) a motor vehicle dealer either: (i) receives a third party motor vehicle incentive payment in a tax period; or (ii) issues an invoice for a third party motor vehicle incentive payment in a tax period, before receiving the payment; and (b) the third party motor vehicle incentive payment relates to the supply of a motor vehicle by the motor vehicle dealer where use, enjoyment and passing of title will occur in a later tax period; and (c) the motor vehicle dealer does not know the total consideration for the supply of the motor vehicle by the end of the tax period during which: (i) if clause 3(a)(i) applies - the third party motor vehicle incentive payment was received; or (ii) if clause 3(a)(ii) applies - the invoice for the third party motor vehicle incentive payment was issued; and (d) the supply of the motor vehicle will be a taxable supply. (i) receives a third party motor vehicle incentive payment in a tax period; or (ii) issues an invoice for a third party motor vehicle incentive payment in a tax period, before receiving the payment; and (i) if clause 3(a)(i) applies - the third party motor vehicle incentive payment was received; or (ii) if clause 3(a)(ii) applies - the invoice for the third party motor vehicle incentive payment was issued; and | 4. Particular attribution rule: If this legislative instrument applies, the GST payable by the motor vehicle dealer on the supply of the motor vehicle: (a) is not attributable to the tax period in which the third party motor vehicle incentive payment is received or the invoice is issued despite subsections 29-5(1) and (2) of the GST Act; and (b) is attributable to the tax period in which the total consideration for the supply of the motor vehicle is known. (a) is not attributable to the tax period in which the third party motor vehicle incentive payment is received or the invoice is issued despite subsections 29-5(1) and (2) of the GST Act; and (b) is attributable to the tax period in which the total consideration for the supply of the motor vehicle is known. | 5. Definitions: Expressions in this legislative instrument have the same meaning as in the GST Act. Third party motor vehicle incentive payment means the consideration provided by a motor vehicle manufacturer, distributor or importer to the motor vehicle dealer that is part of the consideration for the supply of the motor vehicle to the customer.