A New Tax System (Wine Equalisation Tax) Act 1999

Part 2 - Wine tax  

Division 9 - Taxable value  

Subdivision 9-C - Additions to taxable value  

9-65   Taxable dealing with wine that is the contents of a container  

(1)    
This section deals with situations in which a * container is associated with wine (the contents ) that is the subject of a * taxable dealing . The aim of this section is to ensure that the * taxable value will include a component for the container, even though the parties may have allocated a separate amount to the container.

(2)    
If:

(a) the * taxable value of the dealing is calculated by reference to the * price (excluding wine tax and * GST ) for which the contents were sold; and

(b) the parties have allocated a separate amount to the * container ;

then the taxable value is * increased by so much of the value of the container as is recouped by the seller in connection with the sale of the contents.

(3)    
If the * taxable value of the dealing is not calculated as mentioned in subsection (2) , then the taxable value is * increased by so much of the value of the * container as could reasonably be expected to have been recouped by you in connection with a hypothetical sale of the contents at the time of the actual * taxable dealing with the contents.