Document ID: chunk:federal_register_of_legislation:C2004A01364:clause:1_1:p1
Version: federal_register_of_legislation:C2004A01364
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/3)
Character Range: 2993–5627

1  Division 19
Repeal the Division, substitute:

Division 19—Producer rebates

19‑1  What this Division is about

      Wine producers are entitled to a rebate for certain dealings in wine. The rebate is provided in the form of a wine tax credit.

Note: Credit ground CR9 is producer rebates.

19‑5  Entitlement to producer rebates

  You are entitled to a *producer rebate for *rebatable wine for a *financial year if you are the *producer of the wine and:
 (a) you are liable to wine tax for a *taxable dealing in the wine during the financial year; or
 (b) you would have been liable to wine tax for a dealing in the wine during the financial year had the purchaser not *quoted for the sale at or before the time of the sale.

19‑10  Exceptions

 (1) You are not entitled to a *producer rebate for a dealing in wine because of paragraph 19‑5(b) if the purchaser notifies you at or before the time of purchase that the purchaser intends to make a *supply of the wine that will be *GST‑free.

 (2) You are not entitled to a *producer rebate for a dealing in wine for which you are liable to wine tax if you have claimed a *wine tax credit, or a wine tax credit subsequently arises for you, for the dealing (except because of a producer rebate).

19‑15  Amount of producer rebates

 (1) The amount of the *producer rebates to which you are entitled for the wine for the *financial year is:
 (a) for *wholesale sales—29% of the *price (excluding wine tax and *GST) for which the wine was sold; and
 (b) for *retail sales and *AOUs—29% of the *notional wholesale selling price of the wine.

 (2) The maximum amount of *producer rebates to which a *producer is entitled for a *financial year is $290,000.

 (3) However, if the *producer is an *associated producer of one or more other producers for a *financial year, the maximum amount of *producer rebates to which those producers are entitled as a group for the financial year is $290,000.

19‑20  Associated producers

 (1) A *producer is an associated producer of another producer for a *financial year if, at the end of that financial year:
 (a) the producer would be *connected with the other producer if subsection 152‑30(8) of the ITAA 1997 were omitted; or
 (b) the producer:
 (i) is under an obligation (whether formal or informal); or
 (ii) might reasonably be expected;
  to act in accordance with the directions, instructions or wishes (however communicated) of the other producer in relation to the first producer's financial affairs; or
 (c) the other producer:
 (i) is under an obligation (whether formal or informal); or
 (ii) might reasonably be expected;
  to