INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 3 - Provisional tax  

Subdivision B - Provisional tax avoidance schemes  

SECTION 221YHAAE   REVIEW OF DECISIONS  

221YHAAE(1)   [Objection against notice]  

A taxpayer who is dissatisfied with a notice served on the taxpayer under paragraph 221YHAAC(1)(c) or 221YHAAD(1)(c) may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .

221YHAAE(2)    

221YHAAE(3)   [Effect of pending appeal or review]  

The fact that an appeal or review relating to an objection under subsection (1) is pending does not affect the operation of a notice referred to in that subsection.

221YHAAE(4)   [Provisional tax reduced following decision on objection]  

Where, by reason of a decision of the Commissioner, of the Tribunal or of a court in relation to an objection made under subsection (1), a person's liability to provisional tax is reduced:

(a) the amount by which the provisional tax is so reduced shall be taken, for the purposes of the general interest charge under sections 221YD and 221YDB , never to have been payable; and

(b) the Commissioner shall:

(i) refund the amount of any provisional tax overpaid; or

(ii) apply the amount of any provisional tax overpaid against any liability of the person to the Commonwealth, being a liability arising under, or by virtue of, an Act of which the Commissioner has the general administration, and refund any part of the amount not so applied.

Note:

The general interest charge is worked out under Division 1 of Part IIA of the Taxation Administration Act 1953 .

221YHAAE(5)   [Provisional tax instalment]  

In this section, ``provisional tax'' includes an instalment of provisional tax.