Document ID: chunk:federal_register_of_legislation:C2022C00033:section:4:p16
Version: federal_register_of_legislation:C2022C00033
Segment Type: section
Provision Reference: s 4 (pt 16/29)
Character Range: 46348–48828

which the joint venture was entered into is to be treated as if:
 (a) the other participant did not have the adjustment; and
 (b) the joint venture operator had the adjustment.
 (2) This section has effect despite section 13‑10 (which is about the effect of *luxury car tax adjustments on net amounts).

16‑25  Additional net amounts relating to GST joint ventures
  The additional net amount relating to a *GST joint venture in section 51‑45 of the *GST Act:
 (a) is increased by the amount of any luxury car tax on *taxable supplies of luxury cars for which the *joint venture operator is liable because of section 16‑15; and
 (b) is increased or decreased (as the case requires) by the amount of any *luxury car tax adjustments that are adjustments of the joint venture operator because of section 16‑20.

Division 17—Credits

17‑1  What this Division is about
      You may, in some circumstances, be able to claim a credit for luxury car tax paid either by yourself or by the supplier of the luxury car. Credits are only available to people who are not entitled to an adjustment for the circumstance.

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.

17‑10