A New Tax System (Wine Equalisation Tax) Act 1999

Part 2 - Wine tax  

Division 5 - General rules for taxability  

5-5   General rules for taxing assessable dealings  

(1)  
The * Assessable Dealings Table sets out all the * assessable dealings that can be subject to wine tax.

(2)  


If the time of an * assessable dealing (as specified in column 4 of the table) is on or after 1 July 2000, and no exemption applies under Division 7 , then:


(a) the dealing is a * taxable dealing ; and


(b) the entity specified in column 3 is the entity liable to the tax; and


(c) the tax becomes payable at the time of the dealing, as specified in column 4.

However, an assessable dealing (other than a * customs dealing ) is a taxable dealing only if the entity specified in column 3 is * registered or * required to be registered .

Note:

Under Part 5 , amounts of wine tax, on assessable dealings (other than customs dealings), are included in your net amount under the GST system.

(3)  
To calculate the amount of the tax:


(a) determine the * taxable value of the dealing under Division 9 ; and


(b) multiply the result by 29%.

Note:

The amount of tax is reduced for some importations (e.g. accompanied baggage of passengers) that are free of customs duty (see section 5-40 ).

(4)  


The table does not apply to a dealing with wine unless the wine is * assessable wine immediately before the time of the dealing, and is in the indirect tax zone at the time of the dealing.


Assessable Dealings Table
Column 1 Column 2 Column 3 Column 4 Column 5
No. *Assessable dealing *Entity liable Time of dealing Normal taxable value
Part A - Australian Wine
AD1a *wholesale sale by an entity that *manufactured the wine in the course of any business seller time of sale the *price (excluding wine tax and *GST) for which the wine was sold
AD1b *wholesale sale by an entity that is not the *manufacturer of the wine seller time of sale the *price (excluding wine tax and *GST) for which the wine was sold
AD2a *retail sale by an entity that *manufactured the wine in the course of any business seller time of sale the *notional wholesale selling price
AD2b *retail sale by an entity that is not the *manufacturer of the wine, but that *obtained the wine under quote; excludes case covered by AD2d seller time of sale the *notional wholesale selling price
AD2c *royalty-inclusive sale seller time of sale the amount that would be the *notional wholesale purchase price of the wine if the *manufacturer had incurred the *eligible royalty costs
AD2d *indirect marketing sale seller time of sale the *notional wholesale selling price
AD2e *untaxed sale by an entity that is not the *manufacturer of the wine seller time of sale the *notional wholesale selling price
AD2f *retail sale, in the course of any business, of wine that is placed in *containers at a time after wine tax became payable on the wine by a person other than the seller seller time of sale the *notional wholesale selling price
AD3a *untaxed AOU by an entity that is not the *manufacturer of the wine applier time of *AOU the *notional wholesale selling price
AD3b *AOU by an entity that manufactured the wine in the course of any business applier time of *AOU the *notional wholesale selling price
AD3c *AOU by an entity that is not the *manufacturer of the wine, but that *obtained the wine under quote applier time of *AOU (a) the purchase *price (excluding *GST), if the wine was *purchased under quote;
(b) in other cases, the *notional wholesale selling price
AD3d *royalty-inclusive AOU applier time of *AOU the amount that would be the *notional wholesale purchase price of the wine if the *manufacturer had incurred the *eligible royalty costs
AD4b removal from a *customs clearance area of *airport shop goods purchased by a *relevant traveller from an *inwards duty free shop *relevant traveller time at which wine tax is payable under section 23-5 the *price for which the wine was purchased by the *relevant traveller
Part B - Imported Wine
AD10 *local entry entity that makes the *local entry time at which wine tax is payable under section 23-5 the *GST importation value
AD11b *wholesale sale by any entity seller time of sale the *price (excluding wine tax and *GST) for which the wine was sold
AD12b *retail sale by an entity that *obtained the wine under quote; excludes case covered by AD12d seller time of sale the *notional wholesale selling price
AD12c *royalty-inclusive sale seller time of sale the amount that would be the *notional wholesale purchase price of the wine if the entity that *imported the wine had incurred the *eligible royalty costs
AD12d *indirect marketing sale seller time of sale the *notional wholesale selling price
AD12e *untaxed sale seller time of sale the *notional wholesale selling price
AD12f *retail sale, in the course of any business, of wine that is placed in *containers at a time after wine tax became payable on the wine by a person other than the seller seller time of sale the *notional wholesale selling price
AD13a *untaxed AOU applier time of *AOU the *notional wholesale selling price
AD13c *AOU by an entity that *obtained the wine under quote applier time of *AOU (a) if the wine was *purchased under quote: the purchase *price (excluding *GST);
(b) if the wine was *locally entered under quote by the applier: the *GST importation value
AD13d *royalty-inclusive AOU applier time of *AOU the amount that would be the *notional wholesale purchase price of the wine if the entity that *imported the wine had incurred the *eligible royalty costs
AD14b removal from a *customs clearance area of *airport shop goods purchased by a *relevant traveller from an *inwards duty free shop *relevant traveller time at which wine tax is payable under section 23-5 the *price for which the wine was purchased by the *relevant traveller

Note:

The numbering of items in the table uses the following pattern:

For Australian wine, the dealings are divided into 4 groups:

  • · wholesale sales begin with AD1
  • · retail sales begin with AD2
  • · an AOU begins with AD3
  • · miscellaneous dealings begin with AD4.
  • Imported wine has an additional class of local entry (AD10). The other dealings with imported wine have a number that is 10 higher than the broadly corresponding dealing with Australian wine. For example, AD12b for imported wine corresponds to AD2b for Australian wine.




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