Document ID: chunk:federal_register_of_legislation:C2017C00327:section:7:p9
Version: federal_register_of_legislation:C2017C00327
Segment Type: section
Provision Reference: s 7 (pt 9/45)
Character Range: 41760–44367

wine was exported from the indirect tax zone before, on or after 1 July 2000; and
 (c) the wine is returned to the indirect tax zone on or after 1 July 2000, without having been subject to any treatment, industrial processing, alteration or any other process since its export; and
 (d) the importer was not entitled to, and did not claim, a payment under Division 25 (about the tourist refund scheme) related to the export of the wine; and
 (e) the ownership of the wine when it is returned to the indirect tax zone is the same as its ownership on 1 July 2000.
Note: An importation covered by this section may also be duty‑free under item 17 of Schedule 4 to the Customs Tariff Act 1995.

Division 9—Taxable value

9‑1  What this Division is about
      In most cases, the taxable value of an assessable dealing is multiplied by the rate of wine tax to calculate the amount of wine tax.

Subdivision 9‑A—General rules for working out taxable value

9‑5  How to work out the taxable value of a taxable dealing
 (1) The general rules for calculating the taxable value are set out in the *Assessable Dealings Table.
 (2) In some cases, the *Assessable Dealings Table refers to the *notional wholesale selling price as the *taxable value. Subdivision 9‑B sets out how to work out the notional wholesale selling price.
 (3) In some cases, amounts must be added to the amount set out in the *Assessable Dealings Table. These additions are set out in Subdivision 9‑C.
 (4) In working out the *taxable value of wine, any rebate, refund or other payment or credit made by a State or Territory in respect of the wine is to be disregarded.

9‑10  Agreement with Commissioner regarding calculation of taxable value
 (1) The Commissioner may enter into an agreement with you about calculating the *taxable values of particular *taxable dealings for which you are liable for the wine tax.
 (2) So far as the agreement is inconsistent with this Act, the agreement prevails.

Subdivision 9‑B—Notional wholesale selling price

9‑25  The 2 methods of working out notional wholesale selling prices for retail dealings with grape wine
 (1) There are 2 methods for working out the notional wholesale selling price for a *taxable dealing that is either:
 (a) a *retail sale of *grape wine; or
 (b) an *AOU connected with retail sales of wine that is grape wine.
 (2) The *half retail price method is used unless you have chosen under subsection (3) to use the *average wholesale price method.
 (3) You may choose to use the *average wholesale price method if, during the *tax period in respect of which you are liable to pay wine