INCOME TAX ASSESSMENT ACT 1936

PART III - LIABILITY TO TAXATION  

Division 11A - Dividends, interest and royalties paid to non-residents and to certain other persons  

Subdivision A - General  

SECTION 128C   PAYMENT OF WITHHOLDING TAX  

128C(1)  


Withholding tax is due and payable by the person liable to pay the tax at the expiration of 21 days after the end of the month in which the income to which the tax relates was derived by the person.

128C(3)  


If any of the withholding tax which a person is liable to pay remains unpaid after the time by which it is due to be paid, the person is liable to pay the general interest charge on the unpaid amount for each day in the period that:


(a) started at the beginning of the day by which the withholding tax was due to be paid; and


(b) finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:


(i) the withholding tax;

(ii) general interest charge on any of the withholding tax.
Note:

The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953 .

128C(4)  
(Repealed by No 11 of 1999)

128C(4AA)  


If:


(a) a person is liable to pay the general interest charge on an amount of withholding tax which is payable on an amount that, by virtue of the application of section 128AA , is taken to consist of interest paid in relation to the transfer of a qualifying security;


(b) the Commissioner is satisfied that:


(i) before the security was transferred, a notice expressed to be issued under subsection 265B(4) identifying the security was given by the person, in connection with the transfer, to the transferee;

(ii) one or more of the statements made in the notice is incorrect; and

(iii) the person did not know of the circumstance referred to in subparagraph (ii) at the time of transfer of the security; and


(c) the proper amount of the withholding tax liability of the person exceeds the amount that would have been the amount of the withholding tax liability if it were determined on the basis that the statements made in the notice were correct;

the Commissioner shall remit so much of the amount of the general interest charge as bears to that amount the same proportion as the amount of the excess referred to in paragraph (c) bears to the amount of withholding tax.

128C(4A)  
(Repealed by No 11 of 1999)

128C(6)  
The ascertainment of the amount of any withholding tax shall not be deemed to be an assessment within the meaning of any of the provisions of this Act.

128C(7)  
The Commissioner may serve on a person, by post or otherwise, a notice in which is specified:


(a) the amount of any withholding tax that the Commissioner has ascertained is payable by that person; and


(b) the date on which that tax became due and payable.

128C(8)  


The production of a notice served under subsection (7), or of a document under the hand of the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of such a notice, is prima facie evidence that the amount of withholding tax specified in the notice became due and payable by the person on whom the notice was served on the date so specified.

128C(9)  
(Repealed by No 44 of 2000)


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