A New Tax System (Wine Equalisation Tax) Act 1999

Part 2 - Wine tax  

Division 5 - General rules for taxability  

5-5   General rules for taxing assessable dealings  

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(1)    
The * Assessable Dealings Table sets out all the * assessable dealings that can be subject to wine tax.

(2)    

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If the time of an * assessable dealing (as specified in column 4 of the table) is on or after 1 July 2000, and no exemption applies under Division 7 , then:

(a) the dealing is a * taxable dealing ; and

(b) the entity specified in column 3 is the entity liable to the tax; and

(c) the tax becomes payable at the time of the dealing, as specified in column 4.

However, an assessable dealing (other than a * customs dealing ) is a taxable dealing only if the entity specified in column 3 is * registered or * required to be registered .

Note:

Under Part 5 , amounts of wine tax, on assessable dealings (other than customs dealings), are included in your net amount under the GST system.

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History

S 5-5(2) amended by No 176 of 1999, s 3 and Sch 1 items 204 and 205, by substituting " an assessable dealing (other than a *customs dealing) is a taxable dealing only if " for " the dealing is not a taxable dealing unless " , and inserting " , on assessable dealings (other than customs dealings), " after " wine tax " in the Note, effective 1 July 2000.

(3)    
To calculate the amount of the tax:

(a) determine the * taxable value of the dealing under Division 9 ; and

(b) multiply the result by 29%.

Note:

The amount of tax is reduced for some importations (e.g. accompanied baggage of passengers) that are free of customs duty (see section 5-40 ).

(4)    

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The table does not apply to a dealing with wine unless the wine is * assessable wine immediately before the time of the dealing, and is in the indirect tax zone at the time of the dealing.

Assessable Dealings Table
Column 1	Column 2	Column 3	Column 4	Column 5
No.	*Assessable dealing	*Entity liable	Time of dealing	Normal taxable value
Part A - Australian Wine
AD1a	*wholesale sale by an entity that *manufactured the wine in the course of any business	seller	time of sale	the *price (excluding wine tax and *GST) for which the wine was sold
AD1b	*wholesale sale by an entity that is not the *manufacturer of the wine	seller	time of sale	the *price (excluding wine tax and *GST) for which the wine was sold
AD2a	*retail sale by an entity that *manufactured the wine in the course of any business	seller	time of sale	the *notional wholesale selling price
AD2b	*retail sale by an entity that is not the *manufacturer of the wine, but that *obtained the wine under quote; excludes case covered by AD2d	seller	time of sale	the *notional wholesale selling price
AD2c	*royalty-inclusive sale	seller	time of sale	the amount that would be the *notional wholesale purchase price of the wine if the *manufacturer had incurred the *eligible royalty costs
AD2d	*indirect marketing sale	seller	time of sale	the *notional wholesale selling price
AD2e	*untaxed sale by an entity that is not the *manufacturer of the wine	seller	time of sale	the *notional wholesale selling price
AD2f	*retail sale, in the course of any business, of wine that is placed in *containers at a time after wine tax became payable on the wine by a person other than the seller	seller	time of sale	the *notional wholesale selling price
AD3a	*untaxed AOU by an entity that is not the *manufacturer of the wine	applier	time of *AOU	the *notional wholesale selling price
AD3b	*AOU by an entity that manufactured the wine in the course of any business	applier	time of *AOU	the *notional wholesale selling price
AD3c	*AOU by an entity that is not the *manufacturer of the wine, but that *obtained the wine under quote	applier	time of *AOU	(a)	the purchase *price (excluding *GST), if the wine was *purchased under quote;
				(b)	in other cases, the *notional wholesale selling price
AD3d	*royalty-inclusive AOU	applier	time of *AOU	the amount that would be the *notional wholesale purchase price of the wine if the *manufacturer had incurred the *eligible royalty costs
AD4b	removal from a *customs clearance area of *airport shop goods purchased by a *relevant traveller from an *inwards duty free shop	*relevant traveller	time at which wine tax is payable under section 23-5	the *price for which the wine was purchased by the *relevant traveller
Part B - Imported Wine
AD10	*local entry	entity that makes the *local entry	time at which wine tax is payable under section 23-5	the *GST importation value
AD11b	*wholesale sale by any entity	seller	time of sale	the *price (excluding wine tax and *GST) for which the wine was sold
AD12b	*retail sale by an entity that *obtained the wine under quote; excludes case covered by AD12d	seller	time of sale	the *notional wholesale selling price
AD12c	*royalty-inclusive sale	seller	time of sale	the amount that would be the *notional wholesale purchase price of the wine if the entity that *imported the wine had incurred the *eligible royalty costs
AD12d	*indirect marketing sale	seller	time of sale	the *notional wholesale selling price
AD12e	*untaxed sale	seller	time of sale	the *notional wholesale selling price
AD12f	*retail sale, in the course of any business, of wine that is placed in *containers at a time after wine tax became payable on the wine by a person other than the seller	seller	time of sale	the *notional wholesale selling price
AD13a	*untaxed AOU	applier	time of *AOU	the *notional wholesale selling price
AD13c	*AOU by an entity that *obtained the wine under quote	applier	time of *AOU	(a)	if the wine was *purchased under quote: the purchase *price (excluding *GST);
				(b)	if the wine was *locally entered under quote by the applier: the *GST importation value
AD13d	*royalty-inclusive AOU	applier	time of *AOU	the amount that would be the *notional wholesale purchase price of the wine if the entity that *imported the wine had incurred the *eligible royalty costs
AD14b	removal from a *customs clearance area of *airport shop goods purchased by a *relevant traveller from an *inwards duty free shop	*relevant traveller	time at which wine tax is payable under section 23-5	the *price for which the wine was purchased by the *relevant traveller

Note:

The numbering of items in the table uses the following pattern:

For Australian wine, the dealings are divided into 4 groups:

• wholesale sales begin with AD1

• retail sales begin with AD2

• an AOU begins with AD3

• miscellaneous dealings begin with AD4.

Imported wine has an additional class of local entry (AD10). The other dealings with imported wine have a number that is 10 higher than the broadly corresponding dealing with Australian wine. For example, AD12b for imported wine corresponds to AD2b for Australian wine.

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History

S 5-5(4) amended by No 2 of 2015, s 3 and Sch 4 item 51, by substituting " the indirect tax zone " for " *Australia " , applicable to a tax period that commences on or after 1 July 2015.

S 5-5(4) amended by No 129 of 2004, s 3 and Sch 2 item 1, by inserting table item AD2f, applicable to wine that is placed in containers after 31 August 2004.

S 5-5(4) amended by No 129 of 2004, s 3 and Sch 2 item 1A, by inserting table item AD12f, effective 31 August 2004.

S 5-5(4) amended by No 176 of 1999, s 3 and Sch 1 items 206 to 208, by substituting " time at which wine tax is payable under section 23-5 " for " time of removal " (table item AD4b, 4th column), substituting " time at which wine tax is payable under section 23-5 " for " time of *local entry " (table item AD10, 4th column) and substituting " time at which wine tax is payable under section 23-5 " for " time of renewal " (table item AD14b, 4th column), effective 1 July 2000.

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