Document ID: chunk:federal_register_of_legislation:C2017C00327:section:7:p17
Version: federal_register_of_legislation:C2017C00327
Segment Type: section
Provision Reference: s 7 (pt 17/45)
Character Range: 62222–64636

If you have claimed under subsection 17‑10(2) or (2A) a *wine tax credit to which you are entitled, the Commissioner must apply the wine tax credit under Division 3 of Part IIB of the Taxation Administration Act 1953.

17‑25  Excess wine tax credits must be repaid
  If the amount applied by the Commissioner in accordance with section 17‑20 is more than the amount of the *wine tax credit to which you are properly entitled, the excess is to be treated as if it were wine tax that became payable, and due for payment, by you at the time when it was applied.
Note: The main effect of treating the amount as if it were tax is to apply the collection and recovery rules in Part 3‑10 in Schedule 1 to the Taxation Administration Act 1953.

17‑30  Clawback of CR15 wine tax credit on later recovery of bad debt
 (1) A *wine tax credit under *CR15 in relation to an amount written off by you as a bad debt is subject to the condition that you are liable to pay an amount under this section if you later recover some or all of the amount written off.
 (2) The amount payable by you is calculated using the following formula:

 (3) The amount is to be treated as if it were wine tax that became payable by you at the time of recovery of the bad debt, and, for the purposes of Part 5, were attributable to the *tax period in which the recovery happened.
Note: The main effect of treating the amount as if it were wine tax is to apply the collection and recovery rules in Part 3‑10 in Schedule 1 to the Taxation Administration Act 1953.

17‑35  Clawback of CR8 wine tax credit on later sale of defective wine
 (1) A *wine tax credit under *CR8 for wine tax on wine that was used to replace defective wine is subject to the condition that you are liable to pay an amount under this section if you later sell the defective wine.
 (2) The amount payable by you is calculated using the following formula:

 (3) The amount is to be treated as if it were wine tax that became payable by you at the time of the later sale of the defective wine, and, for the purposes of Part 5, were attributable to the *tax period in which the later sale happened.
Note: The main effect of treating the amount as if it were wine tax is to apply the collection and recovery rules in Part 3‑10 in Schedule 1 to the Taxation Administration Act 1953.

17‑40  Agreement with Commissioner regarding wine tax credits
 (1) The Commissioner may enter into