A New Tax System (Wine Equalisation Tax) Act 1999

Part 6 - Miscellaneous  

Division 27 - Miscellaneous  

27-10   Alteration of wine tax liability or wine tax credit if affected by non-arm's length transaction  

(1)    
This section applies to you if:

(a) you (or your * associate ) has been a party to a non-arm's length transaction; and

(b) if the transaction had instead been an arm's length transaction, it would have been the case (or could reasonably be expected to have been the case) that:

(i) your liability to wine tax on the non-arm's length transaction, or any other transaction, would have been * increased ; or

(ii) your entitlement to a * wine tax credit in connection with the non-arm's length transaction, or any other transaction, would have been * reduced .

(2)    
The liability or * wine tax credit is taken always to have been the amount that it would have been (or could reasonably be expected to have been) if it had been based on an arm's length transaction instead of on the non-arm's length transaction.