17‑5 Credits for tax borne17‑5 Credits for tax borne

#### 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.