Part 4
-
Wine tax credits
Division 19
-
Producer rebates
History
Div 19 substituted for Div 19 by No 129 of 2004, s 3 and Sch 1 item 1, applicable to dealings in wine made on or after 1 October 2004.
Act No 129 of 2004, s 3 and Sch 1 contained the following transitional provisions:
Transitional provisions
(1) The amount of producer rebate for a producer of rebatable wine under the
A New Tax System (Wine Equalisation Tax) Act 1999
(as in force immediately before the commencement of this Schedule) for dealings in wine made on or after 1 July 2004 and before 1 October 2004 is the amount worked out under section 19-10 of that Act (as so in force) as if 30 September 2004 were the end of a financial year.
(2) The maximum amount of producer rebate for a producer, or a group of associated producers, of rebatable wine under the
A New Tax System (Wine Equalisation Tax) Act 1999
(as in force after the commencement of this Schedule) for the 2004-05 financial year is $217,500.
Div 19 formerly read:
Division 19
-
Producer rebates
19-1 What this Division is about
Wine producers are entitled to a rebate for certain retail sales and AOUs of wine. The rebate tapers off when these sales and AOUs exceed a particular value. The rebate is provided in the form of a wine tax credit.
Note:
Credit ground CR9 is producer rebates.
History
S 19-1 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
19-5 Entitlement to producer rebates
Retail sales
(1)
You are entitled to a *
producer rebate
for *
rebatable wine
in respect of a *
financial year
if:
(a)
you are the *
producer
of the wine; and
(b)
you are liable to wine tax for a *
retail sale
of the wine during the financial year; and
(c)
the sale is from premises to which your *
producer
'
s licence
relates; and
(d)
the sale does not contravene the *
State law
or *
Territory law
under which the licence was issued, or any conditions to which the licence is subject.
(2)
A sale of wine by mail order or on the Internet is taken to be a sale from particular premises for the purposes of paragraph (1)(c) if the wine is sold under the *
producer
'
s licence
to which those premises relate.
AOUs
(3)
You are also entitled to a *
producer rebate
for *
rebatable wine
in respect of a *
financial year
if:
(a)
you are the *
producer
of the wine; and
(b)
you are liable to wine tax for an *
AOU
of the wine during the financial year.
Exceptions
(4)
However, you are not entitled to the rebate for the wine if:
(a)
in the case of a *
retail sale
-
you sell the wine in the course of providing, to the purchaser of the wine, other *
food
that is for consumption on the *
premises
from which it is supplied; or
(b)
in the case of a retail sale
-
the sale is by mail order or on the Internet and a commission is payable to a third party for the sale, or a third party deducts an amount as commission from the proceeds of the sale; or
(c)
in any case
-
in the *
financial year
in which the sale or *
AOU
occurs, your *
annual rebatable turnover
for the *
producer
'
s licence
under which the sale or AOU took place is more than $580,000.
History
S 19-5 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
19-10 Amount of producer rebates
(1)
If the *
annual rebatable turnover
of a *
producer
of *
rebatable wine
for a particular *
producer
'
s licence
in a *
financial year
is $300,000 or less, the amount of the *
producer rebates
to which you are entitled in respect of that licence for that financial year is 14% of that turnover.
(2)
If the *
annual rebatable turnover
of a *
producer
of *
rebatable wine
for a particular *
producer
'
s licence
in a *
financial year
is more than $300,000, the amount of the *
producer rebates
to which you are entitled in respect of that licence for that financial year is:
$42,000
−
((That turnover
−
$300,000)
×
15%)
History
S 19-10 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
19-15 Estimating amounts of producer rebates for each tax period
(1)
The Commissioner may determine in writing how a *
producer
of *
rebatable wine
may work out estimates of amounts of *
producer rebates
that the producer may claim for the producer
'
s *
tax periods
during a *
financial year
(other than the last tax period of a financial year).
(2)
An amount worked out in accordance with the determination, for one of the *
tax periods
applying to you, is treated as an amount of a *
wine tax credit
:
(a)
to which you are entitled; and
(b)
that arises during that tax period (even though under
section 17-5
it would arise at a later time).
(3)
The amount of the *
producer rebate
to which you are entitled in respect of the *
financial year
is taken to be reduced by the sum of the amounts worked out under subsection (2) that you claim for *
tax periods
during the financial year.
(4)
However, if the sum of the amounts worked out under subsection (2) that you claim for *
tax periods
during the *
financial year
exceeds the amount of the *
producer rebate
to which you are entitled in respect of the financial year:
(a)
you are liable to pay an amount equal to that excess; and
(b)
the amount is to be treated as if it were wine tax payable by you at the end of the financial year, and, for the purposes of
Part 5
, were attributable to the last tax period of the financial year.
History
S 19-15 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
19-20 Annual rebatable turnover
The *
annual rebatable turnover
of a *
producer
of *
rebatable wine
for a particular *
producer
'
s licence
in a *
financial year
is the sum of:
(a)
the *
notional wholesale selling prices
of all *
retail sales
of rebatable wine the producer makes in that financial year that are sales:
(i)
made under the licence; and
(ii)
to which
subsection 19-5(1)
applies; and
(b)
the notional wholesale selling prices of all *
AOUs
of rebatable wine the producer makes in that financial year that are AOUs:
(i)
made under the licence; and
(ii)
to which
subsection 19-5(3)
applies.
History
S 19-20 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
Div 19 inserted by No 92 of 2000, s 3 and Sch 9A item 3, effective 1 July 2000.
19-20
Associated producers
(1)
A *producer is an
associated producer
of another producer for a *financial year if, at any time during that financial year:
(a)
the producer would be *connected with the other producer if subsection 328-125(8) of the *ITAA 1997 were omitted; or
(b)
the producer:
(i)
is under an obligation (whether formal or informal); or
(ii)
might reasonably be expected;
to act in accordance with the directions, instructions or wishes (however communicated) of the other producer in relation to the first producer
'
s financial affairs; or
(c)
the other producer:
(i)
is under an obligation (whether formal or informal); or
(ii)
might reasonably be expected;
to act in accordance with the directions, instructions or wishes (however communicated) of the first producer in relation to the other producer
'
s financial affairs.
History
S 19-20(1) amended by No 94 of 2017, s 3 and Sch 1 item 26, by substituting
"
any time during
"
for
"
the end of
"
, effective 1 October 2017. No 94 of 2017, s 3 and Sch 1 item 27 contains the following application provision:
27 Application
(1)
The amendment made applies to assessable dealings in wine in financial years that start on or after 1 October 2017.
(2)
For the purposes of subsection
19-20(1)
of the
A New Tax System (Wine Equalisation Tax) Act 1999
, treat a producer as an associated producer of another producer for a financial year if:
(a)
the financial year:
(i)
started at a time before 1 October 2017; and
(ii)
ended at a time after 1 October 2017; and
(b)
the requirements in paragraphs (a), (b) or (c) of that subsection are satisfied at any time during the period:
(i)
starting on 1 October 2017; and
(ii)
ending on the last day of the financial year.
S 19-20(1) amended by No 12 of 2012, s 3 and Sch 6 item 33, by substituting
"
*ITAA 1997
"
for
"
ITAA 1997
"
in para (a), effective 21 March 2012.
S 19-20(1) amended by No 80 of 2007, s 3 and Sch 4 item 27, by substituting
"
subsection 328-125(8)
"
for
"
subsection 152-30(8)
"
, applicable in relation to producer rebates for the 2007-08 financial year and later financial years.
(2)
2 *producers are
associated producers
if each of them:
(a)
is under an obligation (whether formal or informal); or
(b)
might reasonably be expected;
to act in accordance with the directions, instructions or wishes (however communicated) of the same third entity in relation to their financial affairs.
(3)
A *producer is an
associated producer
of another producer if:
(a)
the first producer:
(i)
is under an obligation (whether formal or informal); or
(ii)
might reasonably be expected;
to act in accordance with the directions, instructions or wishes (however communicated) of a third producer in relation to the first producer
'
s financial affairs; and
(b)
the third producer:
(i)
is under an obligation (whether formal or informal); or
(ii)
might reasonably be expected;
to act in accordance with the directions, instructions or wishes (however communicated) of the other producer in relation to the third producer
'
s financial affairs.
History
S 19-20 substituted by No 129 of 2004, s 3 and Sch 1 item 1, applicable to dealings in wine made on or after 1 October 2004.
For former wording and transitional provisions of s 19-20, see note under Div 19 heading.
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