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.
19-7
Approval as New Zealand participant
(1)
You may apply, in writing, in the *
approved form
, to the Commissioner for approval as a *
New Zealand participant
.
(2)
You are eligible to be approved as a *
New Zealand participant
if the Commissioner is satisfied, on the basis of your application and any other relevant information of which the Commissioner becomes aware, that:
(a)
you are a *
producer
of *
rebatable wine
in *
New Zealand
; and
(b)
the rebatable wine has been, or is likely to be, exported to the indirect tax zone.
History
S 19-7(2) amended by No 2 of 2015, s 3 and Sch 4 item 56, by substituting
"
the indirect tax zone
"
for
"
*Australia
"
in para (b), applicable to a tax period that commences on or after 1 July 2015.
(3)
If the Commissioner, after consideration of your application, is satisfied of the matters referred to in subsection (2) in relation to you, the Commissioner must, by written instrument, approve you as a *
New Zealand participant
.
(4)
The Commissioner must decide the date of effect of that approval and include that date in the instrument of approval. That date may be the day of the decision, or a day before or after that day.
Note:
Deciding under this subsection the date of effect of any approval of an entity as a New Zealand participant is a reviewable wine tax decision (see Subdivision
111-C
in Schedule
1
to the
Taxation Administration Act 1953
).
History
S 19-7(4) amended by No 73 of 2006, s 3 and Sch 5 item 170, by substituting
"
Subdivision 111-C in Schedule 1 to
"
for
"
Division 7 of Part VI of
"
in the note, effective 1 July 2006.
(5)
If the Commissioner approves you as a *
New Zealand participant
, the Commissioner must, by notice in writing sent to you, inform you that you have been so approved and of the date from which the approval has effect.
(6)
If the Commissioner, after consideration of your application, is not satisfied of the matters referred to in subsection
(2)
in relation to you, the Commissioner must:
(a)
by written instrument, refuse to approve you as a *
New Zealand participant
; and
(b)
by notice in writing sent to you, inform you that the Commissioner has so decided and of the reasons for that decision.
Note:
Refusing to approve an entity as a New Zealand participant is a reviewable wine tax decision (see Subdivision
111-C
in Schedule
1
to the
Taxation Administration Act 1953
).
History
S 19-7(6) amended by No 73 of 2006, s 3 and Sch 5 item 171, by substituting
"
Subdivision 111-C in Schedule 1 to
"
for
"
Division 7 of Part VI of
"
in the note, effective 1 July 2006.
(7)
An instrument of approval under subsection
(3)
and an instrument refusing approval under subsection
(6)
are not legislative instruments.
History
S 19-7 inserted by No 160 of 2005, s 3 and Sch 4 item 10, effective 6 June 2006.
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