TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 263 - Mutual assistance in collection of foreign tax debts  

Subdivision 263-A - Foreign revenue claims  

Operative provisions

SECTION 263-35   AMENDING THE REGISTER, ETC  

263-35(1)  
The Commissioner may, with the agreement of the relevant competent authority, amend the Register to correct an error.

263-35(2)  
The Commissioner may, with the agreement of the relevant competent authority:


(a) remove from the Register the particulars of a *foreign revenue claim; or


(b) reduce an amount to be recovered from a debtor under the claim.

263-35(2A)  
To avoid doubt, the Commissioner may reduce an amount to be recovered from a debtor under paragraph (2)(b) without amending the Register.

263-35(3)  
A debtor may, after receiving a copy of the particulars of a *foreign revenue claim entered in the Register, apply to the Commissioner in the *approved form to have those particulars removed from the Register.

263-35(4)  
The Commissioner may, after considering the application, remove those particulars from the Register.

263-35(5)  
If the Commissioner removes particulars of a *foreign revenue claim relating to the recovery of an amount from the Register under paragraph (2)(a) or subsection (4), the debtor is entitled to a credit for the purposes of Part IIB equal to the sum of:


(a) the amount (as reduced by any previous application of subsection (6)); and


(b) any *general interest charge for which the debtor is liable as a result of the foreign revenue claim.

Note:

How the credit is applied is set out in Part IIB .

263-35(6)  
If the Commissioner reduces the amount to be recovered from a debtor under a *foreign revenue claim under paragraph (2)(b), the debtor is entitled to a credit for the purposes of Part IIB equal to the amount of the reduction.

Note:

How the credit is applied is set out in Part IIB .




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