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Amendment of section 133 (chargeable value) of Act of 1992.
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9.—Section 133 of the Act of 1992 is hereby amended—
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(a) in subsection (2)—
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(i) in paragraph (a), by the substitution of “the price, inclusive of all taxes and duties,” for “the price, inclusive of vehicle registration tax,”,
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(ii) in paragraph (b), by the deletion of the proviso,
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(iii) by the insertion of the following paragraph after paragraph (c):
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“(d) Where a manufacturer or sole wholesale distributor fails to make a declaration under paragraph (a) or to make it in the prescribed manner, the open market selling price of the vehicle concerned may be determined by the Commissioners for the purposes of this section.”,
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and
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(b) in subsection (3), by the substitution of the following definition for the definition of “open market selling price”—
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“‘open market selling price’ means—
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(a) in the case of a new vehicle referred to in subsection (2), the price as determined by that subsection,
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(b) in the case of any other new vehicle, the price, inclusive of all taxes and duties, which, in the opinion of the Commissioners, would be determined under subsection (2) in relation to that vehicle if it were on sale in the State following supply by a manufacturer or sole wholesale distributor in the State,
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(c) in the case of a vehicle other than a new vehicle, the price, inclusive of all taxes and duties, which, in the opinion of the Commissioners, the vehicle might reasonably be expected to fetch on a first arm's length sale thereof in the State by retail and, in arriving at such price—
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(i) there shall be included in the price, having regard to the model and specification of the vehicle concerned, the value of any enhancements or accessories which at the time of registration are not fitted or attached to the vehicle or sold therewith but which would normally be expected to be fitted or attached thereto or sold therewith unless it is shown to the satisfaction of the Commissioners that, at that time, such enhancements or accessories have not been removed from the vehicle or not sold therewith for the purposes of reducing its open market selling price, and
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(ii) the value of those enhancements or accessories which would not be taken into account in determining the open market selling price of the vehicle under the provisions of subsection (2) if the vehicle were a new vehicle to which that subsection applied shall be excluded from the price.”.
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