TAXATION (INTEREST ON OVERPAYMENTS AND EARLY PAYMENTS) ACT 1983

PART I - PRELIMINARY  

SECTION 3   INTERPRETATION  

3(1)  


In this Act, unless the contrary intention appears:

Board of Review
(Omitted by No 48 of 1986)

Commissioner
means the Commissioner of Taxation;

compulsory ABSTUDY SSL repayment amount
has the same meaning as in the Student Assistance Act 1973 .

compulsory repayment amount
has the same meaning as in the Higher Education Support Act 2003 .

compulsory SSL repayment amount
has the same meaning as in Chapter 2AA of the Social Security Act 1991 .

compulsory TSL repayment amount
has the same meaning as in the Trade Support Loans Act 2014 .

compulsory VETSL repayment amount
has the same meaning as in the VET Student Loans Act 2016 .

decision to which this Act applies
means:


(a) a decision of the Commissioner upon an objection; or


(b) a decision of the Tribunal in relation to an objection; or


(c) a decision of a court in relation to:


(i) an objection; or

(ii) a decision of the kind referred to in paragraph (b); or


(caa) a decision under Subdivision 263-A (about foreign revenue claims) in Schedule 1 to the Taxation Administration Act 1953 ; or


(cab) in a case where the expression is used in relation to relevant tax of a kind referred to in item 91 of the table in section 3C (Pay as you go withholding non-compliance tax) - a decision of the Commissioner under section 18-130 in Schedule 1 to the Taxation Administration Act 1953 ; or

Note:

Section 18-130 in Schedule 1 to the Taxation Administration Act 1953 requires the Commissioner to give a notice to a director of a company if the Commissioner is satisfied of certain matters.


(ca) in a case where the expression is used in relation to relevant tax of a kind referred to in items 5 to 50 of the table in section 3C - a decision of the Commissioner to amend an assessment made in relation to a taxpayer reducing the liability of the taxpayer to tax; or


(caaa) in a case where the expression is used in relation to relevant tax of a kind referred to in item 60 of the table in section 3C - a decision of the Commissioner to give a notice under subsection 282-18(4) of the Private Health Insurance Act 2007 ; or


(cb) in a case where the expression is used in relation to fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 - a decision of the Commissioner to amend an assessment made in relation to an employer reducing the liability of the employer to tax, other than:


(i) a decision to give effect to an application or request by or on behalf of the employer for an amendment of the assessment; or

(ii) a decision made in consequence of another decision of the Commissioner to amend another assessment (whether of or by the employer or of another person), being another decision that was made to give effect to an application or request by or on behalf of the employer or the other person, as the case may be, for the amendment of the other assessment; or


(d) in a case where the expression is used in relation to relevant tax of a kind referred to in item 120 of the table in section 3C - a decision of the Commissioner to amend an assessment made in relation to a person reducing the liability of the person to relevant tax or other tax, other than:


(i) a decision to give effect to an application or request by or on behalf of the person for an amendment of the assessment; or

(ii) a decision made in consequence of another decision of the Commissioner to amend another assessment (whether of the person or of another person), being another decision that was made to give effect to an application or request by or on behalf of the person or the other person, as the case may be, for the amendment of the other assessment.


(e) (Repealed by No 101 of 2006 )

Deputy Commissioner
means a Deputy Commissioner of Taxation;

diverted profits tax
has the same meaning as in the Income Tax Assessment Act 1997 .

double tax agreement
means an agreement within the meaning of the International Tax Agreements Act 1953 ;

FS assessment debt
means an FS assessment debt under:


(a) subsection 19AB(2) of the Social Security Act 1991 ; or


(b) the Student Assistance Act 1973 as in force at a time on or after 1 July 1998.

full self-assessment taxpayer
has the same meaning as in subsection 6(1) of the Tax Act.

HEC assessment debt
(Repealed by No 56 of 2010)

income tax
means:


(a) income tax as defined in subsection 6(1) of the Tax Act; or


(b) Medicare Levy payable in accordance with Part VIIB of the Tax Act;

income tax crediting amount
, in relation to income tax payable by a person for a year of income, means:


(a) any amount of a credit that does not arise under any of the following:


(i) Division 770 of the Income Tax Assessment Act 1997 ;

(ii) section 131-65 in Schedule 1 to the Taxation Administration Act 1953 ;

(iii) the International Tax Agreements Act 1953 ; or


(b) any offset under former section 160AQK of the Tax Act; or


(c) any tax offset that is subject to the refundable tax offset rules.

Note 1:

Division 67 of the Income Tax Assessment Act 1997 lists the tax offsets that are subject to the refundable tax offset rules.

Note 2:

For credits that arise under section 18-170 or 18-175 in Schedule 1 to the Taxation Administration Act 1953 , see subsection (3) of this section.

late payment interest
, in respect of an amount, means interest payable solely to compensate for the time value of the amount;

objection
means a taxation objection within the meaning of Part IVC of the Taxation Administration Act 1953 .

person
includes:


(a) a body politic; and


(b) a body corporate; and


(c) a partnership; and


(d) any other unincorporated association or body of persons;

provide correlative relief
has the meaning given by section 3A;

relevant tax
has the meaning given by section 3C .

Second Commissioner
means a Second Commissioner of Taxation;

Tax Act
means the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 ;

Tribunal
means the Administrative Appeals Tribunal;

year of income
means year of income as defined in subsection 6(1) of the Tax Act.

3(2)  
A reference in this Act to a liability of a person to the Commonwealth is a reference to a liability of a person to the Commonwealth arising under, or by virtue of, an Act of which the Commissioner has the general administration. Credits under section 18-170 or 18-175 in Schedule 1 to the Taxation Administration Act 1953

3(3)  


To avoid doubt, for the purposes of this Act, a credit of an individual that arises under section 18-170 or 18-175 in Schedule 1 to the Taxation Administration Act 1953 relates to the income tax payable by the individual for the year of income in which the individual becomes entitled to the credit.
Note:

Subdivision 18-D in Schedule 1 to the Taxation Administration Act 1953 provides that a director, or an associate of a director, of a company that does not comply with its obligations under Part 2-5 (Pay as you go (PAYG) withholding) must pay Pay as you go withholding non-compliance tax in certain circumstances. Sections 18-170 and 18-175 entitle the director or associate to a credit if the company subsequently complies with its obligations.

3(4)  
(Repealed by No 101 of 2006 )




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