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Legislative Instrument

Wine Equalisation Tax: Correcting WET Errors Determination 2015

I, James O'Halloran, Deputy Commissioner of Taxation, make this determination under the following provisions:

       * subsection 17-20(1) of the A New Tax System (Goods and Services Tax) Act 1999.

James O'Halloran
Deputy Commissioner of Taxation

Dated: 22 July 2015

    1.               Name of Determination

    This Determination is the Wine Equalisation Tax: Correcting WET Errors Determination 2015.

    2.                  Commencement

    This Determination commences the day after its registration.

    3.                  Application

    This Determination applies in working out wine tax or wine tax credits as part of the calculation of a net amount for a tax period for which you give the Commissioner your GST return on or after the commencement date of the Determination.

    However, it does not apply in working out wine tax or wine tax credits as part of the calculation of a net amount for a tax period that started before 1 July 2012.

    4.                  Determination

    Circumstances where an error may be corrected

    In working out your net amount for a tax period, you may include an amount to correct an error made in working out your net amount for an earlier tax period if:

         (a)   the error relates to an amount of wine tax or wine tax credit under the A New Tax System (Wine Equalisation Tax) Act 1999; and

         (b)   if the earlier tax period started on or after 1 July 2012 - you lodge the GST return for the later tax period within the period of review for the assessment of the net amount for the earlier tax period, and

         (c)    if the earlier tax period started before 1 July 2012 - the error does not relate to an amount that:

            (i)      ceased to be payable by you because of section 105-50 in Schedule 1 to the Taxation Administration Act 1953, or

            (ii)    you are not entitled to because of section 105-55 in Schedule 1 to the Taxation Administration Act 1953; and

         (d)   at the time of lodging your GST return for the tax period, the error:

            (i)      does not relate to a matter that is subject to a compliance activity, and

            (ii)    was not made in working out your net amount for an earlier tax period that is subject to a compliance activity; and

         (e)   you have not taken account of that error, to any extent, in working out your net amount for another tax period; and

         (f)     if the error is a debit error -  the conditions in clause 5 are also satisfied.

Additional conditions that apply to correcting a debit error

    A debit error made in an earlier tax period may only be corrected in a GST return for a later period if:

         (g)   the