Document ID: chunk:federal_register_of_legislation:C2022C00033:section:4:p17
Version: federal_register_of_legislation:C2022C00033
Segment Type: section
Provision Reference: s 4 (pt 17/29)
Character Range: 48615–51145

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  Claiming credits
 (1) You must claim a credit within 4 years of becoming entitled to the credit.
 (2) A claim for a credit must be made in the *approved form.

17‑15  Excess credits must be repaid
  If the amount of a credit you claim exceeds the amount to which you are properly entitled under section 17‑5, the excess is to be treated as if it were luxury car tax that became payable, and due for payment, by you at the time when the credit was paid or applied to you.
Note: The main effect of treating the amount as if it were luxury car tax is to apply the collection and recovery rules in Part 3‑10 in Schedule 1 to the Taxation Administration Act 1953, such as a liability to pay the general interest charge under section 105‑80 in that Schedule.

Division 18—Refunds

18‑1  What this Division is about
      Refunds under this Division may be available to primary producers and tourism operators for the supply of certain cars.

18‑5  Refunds for tax borne—primary producers
 (1) You are entitled to a refund under this section if:
 (a) you have a refund entitlement under this section; and
 (b) you are *registered; and
 (c) no one else has made a valid claim for a refund in relation to the refund entitlement.
 (2) You have a refund entitlement if:
 (a) you have *borne luxury car tax on the supply, or *importation, of a *refund‑eligible car (or you would have borne luxury car tax on the supply or importation if you had acquired the *car directly rather than entering into a financing arrangement relating to the car); and
 (b) at the time of the supply or importation you are carrying on a *primary production business.
 (3) The amount of the refund for a refund entitlement under subsection (2) is the lesser of:
 (a) the amount of the luxury car tax described in paragraph (2)(a); and
 (b) $10,000.
 (4) You cannot have a refund entitlement under subsection (2) for more than one *car in a *financial year.

18‑10  Refunds for tax borne—tourism operators
 (1) You are entitled to a refund under this section if:
 (a) you have a refund entitlement under this section; and
 (b) you are *registered; and
 (c) no one else has made a valid claim for a refund in relation to the refund entitlement.
 (2) You have a refund entitlement if:
 (a) you have *borne luxury car tax on the supply, or *importation,