Document ID: chunk:federal_register_of_legislation:C2017C00327:section:7:p11
Version: federal_register_of_legislation:C2017C00327
Segment Type: section
Provision Reference: s 7 (pt 11/45)
Character Range: 46393–48961

prices for wholesale sales during the tax period is:

9‑45  Notional wholesale selling prices for other dealings
  The notional wholesale selling price for a taxable dealing with wine that is neither:
 (a) a *retail sale of wine; nor
 (b) an *AOU connected with retail sales of wine;
is the *price (excluding wine tax and *GST) for which you could reasonably have been expected to sell the wine by wholesale under an arm's length transaction.

Subdivision 9‑C—Additions to taxable value

9‑65  Taxable dealing with wine that is the contents of a container
 (1) This section deals with situations in which a *container is associated with wine (the contents) that is the subject of a *taxable dealing. The aim of this section is to ensure that the *taxable value will include a component for the container, even though the parties may have allocated a separate amount to the container.
 (2) If:
 (a) the *taxable value of the dealing is calculated by reference to the *price (excluding wine tax and *GST) for which the contents were sold; and
 (b) the parties have allocated a separate amount to the *container;
then the taxable value is *increased by so much of the value of the container as is recouped by the seller in connection with the sale of the contents.
 (3) If the *taxable value of the dealing is not calculated as mentioned in subsection (2), then the taxable value is *increased by so much of the value of the *container as could reasonably be expected to have been recouped by you in connection with a hypothetical sale of the contents at the time of the actual *taxable dealing with the contents.

9‑70  Assessable dealings with wine that involve the payment of an associated royalty
 (1) If a *royalty is paid or payable, or likely to be paid or payable, in connection with any of the following events in respect of particular wine:
 (a) the *manufacture of the wine;
 (b) the *importation or *local entry of the wine;
 (c) a sale of the wine;
then the *taxable value of any *taxable dealing with that wine that happens at or after that event includes the amount or value of the royalty.
 (2) Royalty is any amount to the extent to which it is paid or payable (whether or not periodically) as consideration for any of the following things (or for the right to do them):
 (a) doing anything that would be an infringement of copyright if it were done without the licence of the copyright owner;
 (b) making, using, exercising or vending an invention (each of those terms having the meaning it has in the Patents Act 1990);
 (c) using a design that is of a