A New Tax System (Wine Equalisation Tax) Act 1999

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.

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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.

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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%)

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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.

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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.

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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.

S 19-30 repealed by No 94 of 2017, s 3 and Sch 1 item 12, effective 1 October 2017. For application and transitional provisions, see note under s 19-5 . S 19-30 formerly read:

19-30 Obligation of purchasers  
19-30
A person commits an offence if:

(a) the person purchases wine from a *producer and *quotes for the purchase; and

(b) the person intends, at the time of the purchase, to make a supply of the wine that will be *GST-free; and

(c) the person does not notify the producer, in the *approved form, of that intention at or before the time of the purchase.

Penalty: 20 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

S 19-30 amended by No 184 of 2012, s 3 and Sch 6 items 8 and 9, by substituting " commits " for " is guilty of " and " Penalty " for " Maximum penalty " , effective 10 December 2012.

S 19-30 inserted 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 transitional provisions of s 19-30, see note under Div 19 heading.