INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 3B - Collection of tax in respect of certain payments  

Subdivision B - Deductions from certain payments  

SECTION 221YHZDAB   221YHZDAB   SPECIAL PROVISION COVERING PRE-1 JULY 1995 DEDUCTIONS  
If:


(a) immediately before the commencement of this section, an investment body was liable, under subsection 221YHZDA(1) as in force at that time, to pay to a person the whole or part of the amount of a deduction made in error; and


(b) the deduction was made on or before 30 June 1995; and


(c) as at the commencement of this section, the person had not applied to the investment body for a refund of the whole or the part of the amount on the basis of the error, and the investment body had not otherwise become aware of the error;

then:


(d) on the commencement of this section, the investment body ceases to be liable to pay the whole or the part of the amount, and the Commissioner instead becomes liable to pay the whole or the part of the amount, to the person; and


(e) the person is not entitled to a credit under section 221YHZK in respect of the whole or the part of the amount.


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