TAXATION ADMINISTRATION ACT 1953
This section applies to refunds payable to an entity of RBA surpluses, or excess non-RBA credits that relate to an RBA, if primary tax debts arising under:
(a) any of the BAS provisions (as defined in subsection 995-1(1) of the Income Tax Assessment Act 1997); or
(b) any of the petroleum resource rent tax provisions (as defined in that subsection);
have been allocated to that RBA.
The Commissioner must pay those refunds to the credit of a financial institution account nominated in the approved form by the entity. The account nominated must be maintained at a branch or office of the institution that is in Australia.
[ CCH Note: No 88 of 2013 (as amended by No 96 of 2014), s 3 and Sch 7 item 169 contains the following application provision:
169 Application of subsection 8AAZLH(2)
For the purposes of applying section 8AAZLH of the Taxation Administration Act 1953 in relation to amounts that have been allocated to an RBA in relation to primary tax debts arising under any of the petroleum resource rent tax provisions (as defined in subsection 995-1(1) of the Income Tax Assessment Act 1997), if:
(a) an entity has not nominated a financial institution account in the approved form as required by subsection 8AAZLH(2) of the Taxation Administration Act 1953; and
(b) the Commissioner has information, given to the Commissioner before 1 July 2012, relating to a financial institution account into which refunds may be paid to an entity;
the Commissioner may treat the information as information given by the entity in that approved form.
The account must be one held by:
(a) the entity, or the entity and some other entity; or
(b) the entity's registered tax agent or BAS agent; or
(c) a legal practitioner as trustee or executor for the entity.
However, the Commissioner may direct that any such refunds be paid to the entity in a different way. 8AAZLH(4)
If an entity has not nominated a financial institution account for the purposes of this section and the Commissioner has not directed that any such refunds be paid in a different way, the Commissioner is not obliged to refund any amount to the entity until the entity does so. 8AAZLH(5)
If the Commissioner pays a refund to the credit of an account nominated by an entity, the Commissioner is taken to have paid the refund to the entity.