Excise guidelines for the alcohol industry

when you can apply for a remission, refund or drawback
what happens if you are overpaid a refund or drawback
when alcohol products are exempt from excise duty
who can access alcohol products free of excise duty
how to apply for a remission, refund or drawback, and
penalties that can apply to offences in relation to remissions, refunds, drawbacks and exemptions.

7.2 INTRODUCTION

A remission of excise duty extinguishes the liability for duty that was created at the point of manufacture.

A refund is the repayment of duty that has already been paid.

A drawback is a repayment of duty already paid. It is similar to a refund, but applies where duty-paid goods are exported.

In some circumstances the duty you pay on goods may be subject to a complete or partial refund or drawback. ^[167]

7.3 POLICY AND PRACTICE

7.3.1 WHEN CAN I APPLY FOR A REMISSION OF EXCISE DUTY?

You can apply for a remission of excise duty payable on your excisable alcohol products if the following circumstances apply while the goods are subject to excise control :

Where the alcohol products have deteriorated or been damaged, pillaged, lost or destroyed, or become unfit for human consumption ^[168]

'Pillaged' means to strip of money or goods by open violence, as in war; plunder. ^[169] This does not cover simple cases of theft.

For more information about payment of duty see Chapter 6 - Payment of duty.

The approval of a remission does not constitute permission to remove goods from an excise establishment prior to destruction. Off-site destructions require a movement permission from us.

For more information refer to Chapter 5 - Movement permissions .

Example 7A

1. A pallet of bottled beer is dropped inside the brewery's bond store, damaging the contents. The brewery applies for a remission of duty on the damaged goods. On receiving approval, the brewery destroys the damaged goods and retains records of the destruction.

2. RTDs containing milk products remain unsold in a manufacturer's licensed premises and have deteriorated to a point where they are unfit for human consumption. The manufacturer applies for a remission of duty on the RTDs. On receiving approval, the manufacturer destroys the unsaleable stock and retains records of the destruction.

Where the goods are not worth the amount of excise duty payable on the goods. ^[170]

Example 7B

A brewery produces an excess of product for export to Japan. Due to the labelling the excess product cannot be sold in Australia.

The brewery applies for a remission on the basis that the amount of duty payable on the leftover stock exceeds the value of the stock, because the stock has no commercial value.

On receiving approval, the brewery destroys the unsaleable stock and retains records of the destruction.

3. The excisable alcohol products are for sale to diplomatic or consular missions and the goods are to be delivered under your PSP. ^[171]

Example 7C

A manufacturer receives an order from a diplomatic mission for beer, for official use. The manufacturer delivers the beer, into the Australian domestic market (to the diplomatic mission), under the terms of their PSP. (The terms of the PSP may require the manufacturer to submit an Excise remission (NAT 4289) to us, after delivery of the beer.)

7.3.2 WHEN CAN I APPLY FOR A REFUND OF EXCISE DUTY?

You can apply for a refund of excise duty paid on excisable alcohol products if the following circumstances apply:

Duty has been paid on excisable alcohol products, however it is later found that, while the goods were subject to excise control (i.e. while they were at the licensed site), they deteriorated or were damaged, pillaged, lost or destroyed, or become unfit for human consumption. ^[172]
Example 7D

A manufacturer delivers RTDs into the Australian domestic market and pays duty under its PSP. After the product has gone into the market, it is found that, due to a fault in the packaging, the product is unfit for human consumption. It is evident that the product was unfit for consumption at the time the goods were subject to excise control.

The manufacturer applies for a refund of duty on the RTDs.

Example 7E

A storage licence holder, who does not have a PSP, pays the excise duty on alcohol products in accordance with a pre-payment return. They receive a Delivery authority . Before the alcohol products are removed from the licensed premises, they are destroyed by fire. As the alcohol products were still subject to excise control when they were destroyed, the licence holder can apply for a refund of duty on the alcohol products.
Duty-paid alcohol products, while the goods are subject to excise control, are not worth the amount of excise duty paid. ^[173]
Example 7F

A storage licence holder who does not have a PSP pays the excise duty on RTDs in accordance with a pre-payment return. They receive a Delivery authority . Before the RTDs are removed from the licensed premises they become unsaleable, due to changed packaging requirements, and they cannot be sold (but are not unfit for human consumption). As the RTDs were still subject to excise control when they became unsaleable, the licence holder can apply for a refund of duty on the RTDs.
Duty has been paid through manifest error of fact or patent misconception of the law. ^[174]
This circumstance applies to an error that is evident, obvious or apparent and also in situations where duty has been paid for goods entering the Australian domestic market that are not excisable. In both cases a refund of the duty paid would be payable.

Example 7G

A manufacturer delivers wine based RTDs that are 11% alcohol by volume into the Australian domestic market. The goods were entered under subitem 3.2 on the excise return as 'other excisable beverages exceeding 10% alcohol by volume'. The goods fit the description of wine based products and are subject to WET, but are not excisable.

The manufacturer applies for a refund of the duty paid through patent misconception of the law and pays WET on the goods.
Duty-paid goods have been taken up as ship's stores or aircraft's stores. ^[175]
Ship's stores on overseas ships and aircraft's stores on international flights are not subject to excise duty. Where duty has been paid and the excisable alcohol products are subsequently re-directed for use on ships or aircraft travelling overseas, this refund circumstance may apply.
Under a directive by a Minister of State, ^[176] duty-paid goods are withdrawn from circulation on grounds of public health or safety and returned to the manufacturer. ^[177]

Duty-paid beer in bulk containers is returned to the brewery in which it was made, or is destroyed with our permission. ^[178]

This applies only to beer in bulk containers. A bulk container means a container that has the capacity to have packaged in it more than 2 litres of liquid. The beer on which excise duty has been paid must be returned to the brewery at which it was made in the bulk container in which it was contained when it was removed from the brewery, or it must have been destroyed with the permission of a Collector.

A refund in these circumstances will only be allowed where, if the beer has been returned to the brewery at which it was made, it was returned within 90 days after it was first removed from the brewery. Alternatively, if the beer was destroyed it was destroyed because it was unfit for human consumption and the permission of a Collector for the destruction of the beer was sought within 90 days after it was first removed from the brewery at which it was made.

Further, a refund will only be allowed where the quantity of beer that was in the bulk container when it was returned to the brewery at which it was made or was destroyed was not less than 87.5% of the volume of the bulk container.

Only the amount of excise duty paid on the volume of beer returned or destroyed may be refunded. The amount of refund is not made on the original volume in the container.

Beer is manufactured in an eligible brewery. Individual claims for refund are calculated at 60% of the duty paid up to a maximum of $30,000 ^[179] in any financial year (or a pro-rata amount, if the brewery became an eligible brewery after the start of the financial year). ^[180]

This refund circumstance changed with effect from 1 July 2012. Prior to then the refund applied to beer manufactured in a 'microbrewery' and the limit was
10,000 in a financial year. 'Microbrewery' was defined differently to 'eligible brewery.'

What is an eligible brewery?

An eligible brewery is defined as a brewerythat: ^[181]

is operated by an entity that is legally and economically independent of any other entity that operates a brewery; and
sells beer (whether wholesale or retail), on which excise duty has been paid, directly from the manufacturing premises of the brewery.

Legally independent

Examples of where an entity would not be considered legally independent of another entity that operates a brewery are:

A brewery is operated by an entity that is a subsidiary of another entity that operates another brewery or breweries; or
A brewery is operated by an entity that is related to another entity through a holding company and that other entity operates a brewery or breweries.

Economically independent

Examples of where an entity would not be considered economically independent of another entity that operates a brewery are:

An entity that operates a brewery affects the economic or financial position of another entity that operates a brewery by providing a subsidy.
An entity relies on another entity that operates a brewery to sustain their operations by sharing facilities.
Duty has been paid on excisable alcohol products and they are sold to a diplomatic or consular mission. ^[182]

7.3.3 WHEN CAN I APPLY FOR A DRAWBACK OF EXCISE DUTY?

You can apply for a drawback if you export alcohol products that have had excise duty paid on them. ^[183]

We will only pay a drawback if: ^[184]

prior to the exportation, you advise us that you intend to claim a drawback. (We can exempt you from this requirement, in writing, either on all claims for drawback or any particular claim. ^[185] )
before exportation of the excisable alcohol products on which duty has been paid, the goods are available for inspection by us, and
you have not claimed a refund of excise duty in relation to the exported excisable alcohol products
the excisable alcohol products will not be returned to Australia after they have been exported
you keep records showing:
- that duty was paid on the alcohol products (for example invoices), and
- the alcohol products were exported (for example, an export declaration number or bill of lading)
you lodge a drawback claim in the approved form no later than 12 months after the alcohol products were exported, and
the amount of the claim is at least $50.

The amount of the drawback will not exceed the amount of excise duty that was paid. ^[186]

Example 7I

A liquor distributor purchases a quantity of duty-paid beer and spirits which it supplies to an entity overseas.

The liquor distributor applies for a drawback of the duty component of the beer and spirits. To support the application, the company provides the ATO with copies of invoices of purchase and the Bills of Lading, which will include details of the export declaration notice (EDN) number.

7.3.4 WHAT HAPPENS IF I AM OVERPAID A REFUND OR DRAWBACK?

If we overpay you by way of a refund or drawback then you must pay the overpaid amount back. We can demand that you pay back the amount and if you do not repay the amount within the time we specify in the demand we can recover the amount through the courts as a debt due to the Commonwealth. ^[187]

7.3.5 WHEN ARE EXCISABLE ALCOHOL PRODUCTS EXEMPT FROM EXCISE DUTY?

Excisable alcohol products are exempt from duty if they are:

exported
sold for use as ship's or aircraft's stores ^[188]
with our approval, delivered as small samples, ^[189] or
subject to remission without application. ^[190]

What are ship's and aircraft's stores?

Ship's and aircraft's stores are goods for the use of passengers or crew on international journeys (e.g. alcohol for sale to passengers on board a cruise liner).

There are limits on the quantities of excisable alcohol products that are not liable to excise duty as ship's stores: ^[191]

alcoholic beverages (other than beer) must be sold to passengers or crew by the glass or nip.

If you supply ship's or aircraft's stores underbond , you must obtain a movement permission to move the goods from the licensed premises to the place of export.

Can I deliver samples without payment of duty?

Yes, you may be able to deliver small samples of excisable alcohol products without payment of duty and without entry. You must apply to us for approval to deliver any sample without the payment of duty. Your application must:

be in writing
specify who the sample is for
specify the quantity for approval, and
specify the purpose of the sample.

A small sample would normally consist of less than a saleable amount or an amount that is suitable for the purpose for which the sample is required e.g. testing and evaluation. Samples of product provided to customers in order to secure an order for that product (pre-delivery samples i.e. samples that arrive separately to the bulk goods), are not considered to be 'samples' that can be approved for delivery without the payment of duty.

You do not include approved samples in your excise return ; however, you must keep records of any samples you deliver.

To apply for approval, send your application to us by:

fax: 1300 130 916 , or

post:
Australian Taxation Office

PO Box 3514

ALBURY NSW 2640

When are excisable alcohol products subject to remission without application?

You can supply excisable alcohol products exempt from duty when they are for official use but not for trade by: ^[192]

the Governor-General or any member of the Governor-General's family
State Governors or any member of a State Governor's family
the Australian American Foundation (Australian-American Fulbright Commission)
the Government of another country, under an agreement between that Government and the Australian Government
persons covered by a Status of Forces Agreement, and
the personnel of sea-going vessels of the Royal Australian Navy (RAN) or Australian Military Forces (AMF) (see below for more detail).

If you are not certain whether someone falls into one of these categories, you should contact us by phone on 1300 137 290 .

Some restrictions apply to alcohol products for the RAN and AMF:

The goods must be for consumption by the personnel of sea-going vessels of the RAN or the AMF when:
- such vessels are in full commission, and
- the products are consumed on such vessels ^[193]
- Only certain excisable alcoholic products are eligible for this concession, including:
  ale, porter and other beer
  
  brandy
  
  whisky
  
  rum
  
  gin, and
  
  liqueurs.

RTDs (for example pre-mixed rum and cola or other mixers in bottles/cans) do not qualify for this concession.

To supply alcohol products under these circumstances, you must first ensure the receiver meets the relevant criteria. For example, you should only accept orders, stating that the goods are for official use, on the official stationery, or official order, of eligible people or organisations. You must keep a copy of this documentation.

You do not have to apply for a remission in these circumstances.

7.4 PROCEDURES

7.4.1 HOW DO I APPLY FOR A REMISSION OR REFUND?

An application for a remission or refund of excise duty must be submitted in writing. However, Regulation 51 of the Excise Regulations provides that where a remission may be allowed and the goods have been totally lost or destroyed or otherwise ceased to exist an application is not required. Records to substantiate your claims must be maintained and produced when requested. ^[194]

For refund circumstance 1, 2, 3 or 4 in section 7.3.2 above, your application must be submitted within 14 days of the date on which the excise duty was paid. However, this time may be extended to within 12 months of payment depending on your circumstances. ^[195]

To ensure the excisable alcohol products do not find their way into the Australian domestic market we may wish to inspect or supervise the disposal of the goods. If underbond goods must be destroyed off site, you must apply for a movement permission to move them from the licensed premises to the place of destruction.

Unless alcohol products have been accidentally destroyed, you should contact us before moving or destroying any that are subject to remission or refund. We will provide you with direction and advise if the goods are to be inspected or the destruction supervised.

For more information about movement permissions refer to Chapter 5 - Movement permissions .

You can elect to have a refund credited to your excise account or paid directly into your bank account.

To apply for a remission, send us a completed Excise remission (NAT 4289). You can use the Excise remission instructions to help you complete this form.

To apply for a refund, send us a completed Excise refund (NAT 4288). You can use the Excise refund instructions to help you complete this form. Applications can also be made on company letterhead as long as all the relevant information is provided.

If you are not satisfied with our decision to refuse your refund or remission, you can request a review of our decision by lodging an objection within 60 days.

For more information about your review rights refer to C hapter 8 - Reviews and objections .

7.4.2 HOW DO I APPLY FOR A DRAWBACK?

To apply for a drawback of duty, send us a completed Excise drawback (NAT 4287)or an application on your business letterhead. You can use the Excise drawback instructions to help you complete NAT 4287.

If we refuse to pay your drawback and you are not satisfied with our decision you can request a review of our decision by lodging an objection within 60 days.

For more information about your review rights refer to Chapter 8 - Reviews and objections .

7.4.3 WHAT DO I DO IF I NEED MORE INFORMATION?

If you need more information on remissions, refunds, drawbacks and exemptions contact us as follows:

phone 1300 137 290

fax 1300 130 916 ,

email us at ATO-EXC-Alcohol@ato.gov.au , or

write to us at
Australian Taxation Office

PO Box 3514

ALBURY NSW 2640

We will ordinarily respond to written information requests within 28 days. If we cannot respond within 28 days, we will contact you within 14 days to obtain more information or negotiate an extended response date.

7.5 WHAT PENALTIES CAN APPLY TO OFFENCES IN RELATION TO REMISSIONS, REFUNDS, DRAWBACKS AND EXEMPTIONS?

The following are the penalties that may apply after conviction for an offence.

Evade

If you evade payment of any duty which is payable, the maximum penalty is 5 times the amount of duty on the excisable alcohol products or where a court cannot determine the amount of that duty the penalty is a maximum of 500 units. ^[196]

False or misleading statements

If you make a false or misleading statement, or an omission from a statement in respect of duty payable on particular goods, to us, a penalty not exceeding the sum of 50 penalty units and twice the amount of duty payable on those goods. ^[197]

7.6 TERMS USED

Excisable alcohol products

Excisable goods are goods on which excise duty is imposed. Excise duty is imposed on goods that are manufactured or produced in Australia and listed in the Schedule to the Excise Tariff Act.

As these guidelines deal with alcohol products, we have used the term excisable alcohol products.

Excisable alcohol products include:

beer
spirits
premixed drinks known as ready-to-drink (RTD) beverages
brewed beverages that are not beer, and
high strength spirit for non-beverage use, including denatured spirit.

Excise control

Goods are subject to excise control from the point of manufacture until they have been delivered into the Australian domestic market or for export.

Goods subject to excise control cannot be moved, altered or interfered with except as authorised by the Excise Act.

Excise return

An excise return ^[198] is the document that you use to advise us:

the volume of excisable alcohol products that you have delivered into the Australian domestic market during the period designated on your PSP, or
the volume of excisable alcohol products that you wish to deliver into the Australian domestic market following approval.

Penalty units

A penalty unit is specified in section 4AA of the Crimes Act 1914 and, at the time of writing, is $170.

Underbond

This is an expression not found in excise legislation but it is widely used to describe goods that are subject to excise control. Excisable goods that are subject to excise control are commonly referred to as 'underbond goods' or as being 'underbond'. This includes goods that have not yet been delivered into the Australian domestic market and goods moving between premises under a movement permission.

7.7 LEGISLATION (quick reference guide)

In this chapter we have referred to the following legislation:

7.7.1 Excise Act 1901

Section 24 - Excisable goods and goods liable to duties of Customs may be used in manufacturing excisable goods

Section 58 - Entry for home consumption etc.

Section 61A - Permission to remove goods that are subject to CEO's control

Section 64 - Delivery of samples free of duty

Section 78 - Remissions, rebates and refunds

Section 79 - Drawbacks

Section 80 - Recovery of overpayments of refunds, rebates, and drawbacks

Section 120 - Offences

Section 160A - Ship's stores and aircraft's stores

7.7.2 Excise Regulations 1925

Regulation 2AB - Microbreweries

Regulation 50 - Circumstances under which refunds, rebates and remissions are made

Regulation 50A - Other circumstances under which refunds, rebates and remissions are made

Regulation 51 - Requirements for remission, rebate or refund

Regulation 52 - Application for remission, rebate or refund

Regulation 52AAA - Refunds of excise duty on beer

Regulation 53 - Period for making of application

Regulation 56 - Beer returned or destroyed

Regulation 76 - Drawback of excise duty on goods

Regulation 78A - Conditions relating to payment of drawback of duty

Regulation 78B - Amount of claim for drawback of excise duty

Regulation 186 - Interpretation (ship's stores and aircraft's stores)

Schedule 1 - Prescribed circumstances (regulation 50A)

7.7.3 Crimes Act 1914

Section 4AA - Penalty units

7.7.4 Corporations Act 2001

Section 46 - What is a subsidiary

Excise guidelines for the alcohol industry

	Date:	Version:
You are here	1 July 2013	Original document
	1 July 2015	Updated document
	7 September 2017	Updated document
	21 February 2018	Updated document
	5 August 2019	Updated document
	4 June 2021	Updated document
	9 July 2021	Updated document
	23 December 2021	Updated document
	25 February 2022	Updated document
	1 July 2024	Current document

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