The AAT has concluded that the price for which wine was sold for wine tax purposes was the invoiced price, rejecting an argument that elements in the price for goodwill, the container and delivery must be excluded.
The taxpayer is a winemaker producing ultra-premium wines. It is liable for wine tax, under the A New Tax System (Wine Equalisation Tax) Act 1999 (Cth) ("WET Act"), on the "taxable value" of its sales of wine to wholesale and retail customers. In respect of wholesale sales, the taxable value is "the price (excluding wine tax and GST) for which the wine was sold”.
The AAT agreed with the ATO that the expression "the price ... for which the wine was sold" means the invoiced amount (but excluding wine tax and GST) as that was the amount which, contractually, the customer had to pay to obtain title to the wine. In doing so, the AAT rejected the taxpayer's submission that the "prices" paid by customers for the container, goodwill and delivery elements of the invoiced amount should be excluded to arrive at the taxable value. The AAT considered that it was "artificial" to attribute separate amounts to "goodwill" and the container when the parties had not done so. (Trustee for The Lubiana Family Trust and FCT [2022] AATA 2826)
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