INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 4 - Collection of withholding tax  

SECTION 221YT   APPLICATION OF CREDITS  

221YT(1)   [Amount of credit as debt]  

The amount of a credit to which a person is entitled under this Division is a debt due and payable to that person by the Commissioner on behalf of the Commonwealth.

221YT(2)    
(Repealed by No 11 of 1999)

221YT(3)   [Liability paid]  

If, under Division 3 of Part IIB of the Taxation Administration Act 1953 , the Commissioner has applied an amount of credit in discharge of a liability of a person to the Commonwealth, that person shall be deemed to have paid the amount so applied:

(a) for the purpose for which it has been so applied; and

(b) at the time at which it has been so applied or at such earlier time as the Commissioner determines.

221YT(4)   [Credits in excess of entitlements]  

Where the amount, or the sum of the amounts, applied or paid by the Commissioner as a credit to which a person is entitled under this Division exceeds the amount of the credit to which that person is so entitled, the Commissioner may recover the amount of the excess as if it were income tax due and payable by that person.