Commonwealth Consolidated Acts

A NEW TAX SYSTEM (WINE EQUALISATION TAX) ACT 1999 - SECT 9.65

             (1)  This section deals with situations in which a * container is associated with wine (the contents ) that is the subject of a * taxable dealing. The aim of this section is to ensure that the * taxable value will include a component for the container, even though the parties may have allocated a separate amount to the container.

             (2)  If:

                     (a)  the * taxable value of the dealing is calculated by reference to the * price (excluding wine tax and * GST) for which the contents were sold; and

                     (b)  the parties have allocated a separate amount to the * container;

then the taxable value is * increased by so much of the value of the container as is recouped by the seller in connection with the sale of the contents.

             (3)  If the * taxable value of the dealing is not calculated as mentioned in subsection (2), then the taxable value is * increased by so much of the value of the * container as could reasonably be expected to have been recouped by you in connection with a hypothetical sale of the contents at the time of the actual * taxable dealing with the contents.