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Excise Information - Answers to Commonly Asked Questions

Q

11. Where wine is manufactured in different areas (e.g. manufacture, bottling, labelling in different areas), who is liable for payment of excise tax?

A

Excise duty becomes due when wine is removed from a Customs Controlled Area for home consumption.  [LMAs and Offsite Storage areas are Customs Controlled Areas [CCA]

Section 69 of the Customs & Excise Act 1996 provides that where contract manufacture takes place, the contractor is deemed to be the manufacturer.

However, the following scenarios should be considered:-

  • A licensed manufacturer (A) makes bulk wine and then sends it to another licensed manufacturer (B) for finishing.  It is then sent back to (A). (A) is liable for the excise duty when that wine is removed for home consumption.
  • A licensed manufacturer (A) makes bulk wine and sends it to another licensed manufacturer (B) for finishing.  It is removed for home consumption from (B). (B) is liable
  • A licensed manufacturer (A) makes bulk wine and then sends it to another licensed manufacturer (B) for finishing. (A) then sends the wine to an offsite storage area designated by (A).  (A) is liable for the excise duty.
  • A first owner, who is not licensed at all, employs a manufacturing area (A) to make wine and another manufacturing area (B) to finish it. It is then stored in an offsite storage area (C). (C) is responsible for the excise entry and the owner would generally pay the duty.
  • A first owner employs a manufacturing area (A) to make wine and another manufacturing area (B) to finish it.  It is then stored in an offsite storage area (C) licensed to the first owner. (C) is responsible for the excise entry and the excise duty.

1. What is the definition of geographical area in respect of off-site storage areas? Is this 'law' or 'policy'?
2. If the first owner is out of the 'geographic region' can the wine be moved to the owner's region before tax is due?
3. Is a 'cleanskin' a finished product?
4. Is labelling and/or bottling part of the manufacturing process?
5. What is the definition of manufacturer? Can it include the first owner who is 'directing' or 'instructing' others re manufacture, bottling, labelling etc?
6. Is labelling and bottling at a separate LMA a temporary movement? Should the bottled/labelled product be returned to the original manufacturer?
7. Can a bottler/labeller store goods as an offsite storage operation?
8. Who is responsible for excise if an offsite store is used by someone other than the licence holder?
9. Can you compartmentalise the LMA in a contract facility (e.g. for off site storage)?
10. Are the designated compartments of an Offsite Storage Area only available to the one licence holder? What happens if your compartment is full?
12. Why is the LMA liable for excise (or jointly liable)? When does this liability cease?
13. Who is responsible for the excise returns – the manufacture, off-site storage area licence holder or first owner?
14. Under what circumstances can the first owner/off-site storage area licence holder lodge excise returns?
15. Can the first owner take responsibility for excise returns if not licensed?
16. When will excise entries be able to be lodged electronically?
17. In the case of export delays/short-shipping, when does excise become due?
18. Will we issue temporary/short term off-site storage area licences in bumper years?
19. What if there is no storage facility left in the geographic region (e.g. bumper harvest)?
20. Do customs have an option to revoke licences?
21. Can licences be surrendered?
FAQs