A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999
Act No. 78 of 1999 as amended
This compilation was prepared on 13 October 2008
taking into account amendments up to Act No. 99 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement
3 Imposition
4 Rate
5 Act does not impose a tax on property of a State
Notes
An Act to implement A New Tax System by imposing a luxury car tax, so far as that tax is a duty of excise
1 Short title [see Note 1]
This Act may be cited as the A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999.
2 Commencement
This Act commences on 1 July 2000.
3 Imposition
(1) The tax that is payable under the A New Tax System (Luxury Car Tax) Act 1999 is imposed by this section under the name of luxury car tax.
(2) This section imposes luxury car tax only so far as that tax is a duty of excise within the meaning of section 55 of the Constitution.
4 Rate
The rate of luxury car tax payable under the A New Tax System (Luxury Car Tax) Act 1999 is 33%.
Note: Luxury car tax is only calculated on the value of the car that exceeds the luxury car tax threshold in that Act.
5 Act does not impose a tax on property of a State
(1) This Act does not impose a tax on property of any kind belonging to a State.
(2) Property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
Notes to the A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999
Note 1
The A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999 as shown in this compilation comprises Act No. 78, 1999 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999 | 78, 1999 | 8 July 1999 | 1 July 2000 | |
A New Tax System (Luxury Car Tax Imposition—Excise) Amendment Act 2008 | 99, 2008 | 3 Oct 2008 | Schedule 1: (a)
Remainder: Royal Assent | Sch. 1 (item 2) |
|
(a) Subsection 2(1) (item 2) of the A New Tax System (Luxury Car Tax Imposition—Excise) Amendment Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
2. Schedule 1 | Immediately after the commencement of the Tax Laws Amendment (Luxury Car Tax) Act 2008. | 3 October 2008 |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4.................... | am. No. 99, 2008 |
Table A
Application, saving or transitional provisions
A New Tax System (Luxury Car Tax Imposition—Excise) Amendment Act 2008 (No. 99, 2008)
Schedule 1
2 Application
The amendment made by this Schedule applies to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
Overview
The A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999, as amended, was enacted to implement a luxury car tax as part of a new tax system in Australia. The Act was introduced by the Commonwealth Parliament and commenced on 1 July 2000. The primary purpose of this Act is to impose a luxury car tax on the supply of luxury cars and taxable importations, as defined under the A New Tax System (Luxury Car Tax) Act 1999. The rate of this luxury car tax is set at 33%, calculated on the value of the car exceeding the luxury car tax threshold. Notably, the Act explicitly states that it does not impose a tax on property belonging to any State, thereby clarifying its scope and application within the broader tax framework.
Scope and Application
The A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999 applies to the imposition of a luxury car tax, specifically as a duty of excise under the Constitution. The Act targets individuals or entities involved in the supply or importation of luxury cars in Australia, encompassing both new and used cars. The tax is calculated at a rate of 33% on the value of the car exceeding the luxury car tax threshold specified in the A New Tax System (Luxury Car Tax) Act 1999. It is noteworthy that the Act explicitly excludes any tax imposition on property belonging to a State, as defined under section 114 of the Constitution. The Act applies nationally across Australia, including all states and territories, and its application may be extended or modified through subordinate instruments such as amendments or regulations, as seen in the A New Tax System (Luxury Car Tax Imposition—Excise) Amendment Act 2008, which adjusts the application to taxable supplies and importations from 1 July 2008.
Key Provisions
The A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999 (section 3) imposes a luxury car tax on the taxable value of luxury cars as defined by the A New Tax System (Luxury Car Tax) Act 1999. This tax is applied as a duty of excise in accordance with section 55 of the Constitution. The Act specifically levies this tax on the value of a car that exceeds the threshold set out in the A New Tax System (Luxury Car Tax) Act 1999. The rate of the luxury car tax, as specified in section 4, is 33% of the taxable value.
Entities and individuals subject to the Act, including those who manufacture, supply, or import luxury cars, must comply with the tax obligations outlined in the A New Tax System (Luxury Car Tax) Act 1999. These obligations include the timely payment of the luxury car tax on the taxable value of the luxury cars they deal with, as well as the accurate reporting and record-keeping requirements stipulated in the primary Act. Furthermore, section 5 clarifies that this Act does not impose any tax on property belonging to a State, as per the definition in section 114 of the Constitution.
Failure to comply with the tax obligations and requirements under the A New Tax System (Luxury Car Tax) Act 1999 can result in significant penalties and legal consequences. Section 36 of the primary Act specifies that any person who fails to pay the luxury car tax when it is due may incur penalties. The penalties can include fines up to a maximum of 100% of the amount of tax that should have been paid. Additionally, there can be civil and criminal consequences for persistent non-compliance, which may involve further financial penalties or even imprisonment, depending on the severity and intent of the breach.