Document ID: chunk:federal_register_of_legislation:C2017C00327:section:7:p29
Version: federal_register_of_legislation:C2017C00327
Segment Type: section
Provision Reference: s 7 (pt 29/45)
Character Range: 90762–93420

had instead been an arm's length transaction, it would have been the case (or could reasonably be expected to have been the case) that:
 (i) your liability to wine tax on the non‑arm's length transaction, or any other transaction, would have been *increased; or
 (ii) your entitlement to a *wine tax credit in connection with the non‑arm's length transaction, or any other transaction, would have been *reduced.
 (2) The liability or *wine tax credit is taken always to have been the amount that it would have been (or could reasonably be expected to have been) if it had been based on an arm's length transaction instead of on the non‑arm's length transaction.

27‑15  Apportionment of global amounts
 (1) If there is a need to know the *price for which particular wine was sold, but the parties have not allocated a particular amount to the wine, the price for which the wine was sold is (for the purposes of the *wine tax law) the price for which the wine could reasonably be expected to have been sold if it had been sold separately.
 (2) Similarly, if there is a need to know how much of a global amount relates to some other element of a transaction, but the parties have not allocated a particular amount to that element, the amount to be allocated to that element (for the purposes of the *wine tax law) is the amount that could reasonably be expected to have been allocated to that element if that element had been the only subject matter of the transaction.

27‑20  Commonwealth etc. not liable to pay wine tax
 (1) The Commonwealth and *untaxable Commonwealth entities are not liable to pay wine tax payable under this Act. However, it is the Parliament's intention that the Commonwealth and untaxable Commonwealth entities should:
 (a) be notionally liable to pay wine tax payable under this Act; and
 (b) be notionally entitled to *wine tax credits arising under this Act.
 (2) The *Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of *money within an account, or between accounts, operated by the Commonwealth or an *untaxable Commonwealth entity.
 (2A) The directions given under subsection (2) may also take account of the provisions of the A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999.
 (3) Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law.

27‑25  Cancellation of exemptions from wine tax
 (1) This section cancels the effect of a provision of another Act that would have the effect of exempting