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New Zealand law explained for everyone

Income Tax Act 2007

Income - Income specific to certain entities

CV 8: Regulations: Australian wine producer rebate

You could also call this:

“Rules for New Zealand winemakers to claim rebates on wine sold in Australia”

The Governor-General can make rules about New Zealand wine makers getting money back from Australia for wine they make in New Zealand and sell in Australia. These rules help the Commissioner manage this process.

The rules can be about how New Zealand wine makers ask for the money, how their right to get the money is checked, and anything else needed to make the agreement between New Zealand and Australia work properly. This agreement is about avoiding paying tax twice and stopping people from not paying tax they should.

These rules can start working from 1 July 2005 and can apply to Australian financial years that begin on or after that date. They can even work even if they go against other tax laws.

In these rules, an Australian financial year starts on 1 July. ‘Wine’ means what the Australian law says it means.

The rules made by the Governor-General are a type of law called secondary legislation. They start working as soon as they’re made, even if they haven’t been published yet.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1513101.

Topics:
Money and consumer rights > Taxes
Business > Industry rules
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Part C Income
Income specific to certain entities

CV 8Regulations: Australian wine producer rebate

  1. For the purpose of enabling the Commissioner to administer the entitlement of New Zealand resident wine producers to Australian wine producer rebates for wine produced in New Zealand, the Governor-General may by Order in Council make regulations relating to—

  2. the claim by a New Zealand resident wine producer for payment of an Australian wine producer rebate for wine produced in New Zealand that is sold in Australia:
    1. the approval or verification of the entitlement of a New Zealand resident wine producer to a payment of an Australian wine producer rebate:
      1. any matter necessary to give effect to a provision relating to Australian wine producer rebates in the agreement for the time being in force between the Government of New Zealand and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion in relation to taxes on income.

        1. An Order in Council under subsection (1)—

        2. has force and effect despite any provision in this Act or any other Inland Revenue Act:
          1. may come into force on or after 1 July 2005:
            1. may apply for Australian financial years commencing on or after 1 July 2005.

              1. In this section,—

                Australian financial year means a year starting on and including 1 July

                  wine has the meaning given in section 31-1 of A New Tax System (Wine Equalisation Tax) Act 1999 (Aust) and regulations made under that Act.

                  1. An Order in Council under subsection (1)—

                  2. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); but
                    1. commences in accordance with subsection (2), even if it is not yet published.

                      Compare
                      Notes
                      • Section CV 8(4) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section CV 8(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).