A New Tax System (Wine Equalisation Tax) Act 1999

Part 2 - Wine tax  

Division 5 - General rules for taxability  

5-15   Royalty-inclusive sale (AD2c and AD12c) or AOU (AD3d and AD13d)  

(1)    
A * retail sale , or an * AOU , of wine (the current wine ) by you in the course of a business is a royalty-inclusive sale or a royalty-inclusive AOU respectively if the following conditions are met:

(a) * eligible royalty costs have been incurred at or before the time of the sale or AOU, or could reasonably be expected to be incurred after the time of the sale or AOU, by any or all of the following:

(i) you;

(ii) your * associate ;

(iii) any entity (other than the * manufacturer ) under an arrangement with you or with your associate;

(b) the sale or AOU is not covered by another category of * assessable dealing in the * Assessable Dealings Table .

(2)    
Eligible royalty cost is a * royalty that is paid or payable in connection with the current wine, except where the amount was paid or payable by any entity before 24 March 1999.