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Edited version of private advice

Authorisation Number: 1012645988074

Ruling

Subject: WET Product Classification

Question

Is your product, an alcoholic beverage imported for sale by you in Australia, a fruit or vegetable wine under section 31-4 of the A New Tax System (Wine Equalisation Tax) Act 1999 (WET Act)?

Answer

Yes, your product is a fruit or vegetable wine under section 31-4 of the WET Act.

This ruling applies for the following periods:

June 2014 onwards

Relevant facts and circumstances

Relevant legislative provisions

A New Tax System (Wine Equalisation Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999 - Subdivision 31-A

A New Tax System (Wine Equalisation Tax) Act 1999 - Subsection 31-1(1)

A New Tax System (Wine Equalisation Tax) Act 1999 - Subsection 31-1(2)

A New Tax System (Wine Equalisation Tax) Act 1999 - Subsection 31-4

Reasons for decision

Summary

Yes, your product is a fruit or vegetable wine under section 31-4 of the WET Act.

Detailed reasoning

Wine is defined in section 33-1 of the WET Act as having the meaning given by Subdivision 31-A of the WET Act.

Section 31-1 in Subdivision 31-A of the WET Act defines wine to mean any of the following:

Each of the products listed above is separately defined in the WET Act.

Apple cider

The apple cider is the product of the complete or partial fermentation of the juice of apples and is manufactured according to the normal cider manufacturing processes.

Grape Wine

The grape wine is the product of the complete or partial fermentation of the juice of grapes and is manufactured according to the normal grape wine making processes. It has not had grape spirit or brandy added to it at any time.

Blended apple cider and grape wine

Having regard to the wine definitions, your product falls for consideration under fruit or vegetable wine

Fruit or vegetable wine is defined in section 31-4 of the WET Act to be a beverage that:

Regulation 31-4.01 of the A New Tax System (Wine Equalisation Tax) Regulations 2000 (WET Regulations) sets out requirements relating to fruit or vegetable wine and provides that ethyl alcohol from grape spirit or neutral spirit may be added to fruit or vegetable wine. However, where spirit is added, the resulting beverage must contain between 15% alc/vol and 22% alc/vol inclusive.

The final blended product is considered to be the product of the complete or partial fermentation of apples and grapes.

It has not had added to it any ethyl alcohol from any other source and it has not had added to it any additional liquor or substance that gives colour or flavour.

The Commissioner considers that your product meets all of the requirements of the definition of fruit or vegetable wine set out above and is therefore wine for the purposes of the WET Act.


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