TAXATION (INTEREST ON OVERPAYMENTS AND EARLY PAYMENTS) ACT 1983 [ARCHIVE]

PART III - INTEREST ON OVERPAYMENTS RESULTING FROM DECISIONS TO WHICH THIS ACT APPLIES  

SECTION 12 [ARCHIVE]   CERTAIN AGREEMENTS ETC. TO REMIT ADDITIONAL TAX  

12(1)   [Interest not payable]  

Where:


(a) the Commissioner has:


(i) in respect of an amount of relevant tax, being relevant tax of the kind referred to in items 5 to 50 of the table in section 3C , that is payable, or will become payable, by a person (in this subsection (other than in subparagraph (ii)) referred to as the applicable amount ), entered into an agreement or arrangement with the person before the commencement of the Income Tax Assessment Act (No. 6) 1982, or otherwise indicated the Commissioner's intention to the person before the commencement of that Act, to remit the whole or a part of any additional tax payable under subsection 207(1) of the Tax Act in respect of a part of the applicable amount on condition that another part of the applicable amount is paid by the person to the Commissioner within a particular period of time; or

(ii) in respect of an amount of relevant tax, being relevant tax of a kind referred to in item 100, 115, 125, 135 or 140 of the table in section 3C , that is payable, or will become payable, by a person (in this subsection (other than in subparagraph (i)) also referred to as the applicable amount ), entered into an agreement or arrangement with the person before the commencement of section 10A , or otherwise indicated to the person an intention before the commencement of that section, to remit the whole or a part of any additional amount, additional duty or additional tax, as the case requires, payable under a relevant provision in respect of a part of the applicable amount on condition that another part of the applicable amount is paid by the person to the Commissioner within a particular period of time;


(b) the person, in pursuance of the agreement, arrangement or indication, pays a part of the applicable amount to the Commissioner (in this section referred to as the amount paid ); and


(c) the amount paid is, whether in whole or in part, refunded to the person, or applied against any liability of the person to the Commonwealth, as a result of a decision to which this Act applies;

interest is not payable to the person under this Act in respect of the amount paid or the part of the amount paid so refunded or applied, as the case may be in respect of any period in relation to which the agreement, arrangement or indication, as the case may be, applies.

12(2)   [``relevant provision'']  

In subparagraph (1)(a)(ii), relevant provision means -


(a) subsection 81(1) of the Australian Capital Territory Taxation (Administration) Act 1969 ;


(b) subsection 31(1) or (2) of the Estate Duty Assessment Act 1914 ;


(c) section 27 of the Gift Duty Assessment Act 1941 ;


(d) subsection 27(1) of the Pay-roll Tax (Territories) Assessment Act 1971 ;


(e) subsection 29(1) of the Sales Tax Assessment Act (No. 1) 1930 (including that subsection as applied by any other Act providing for the assessment of sales tax);


(f) subsection 18(1) of the Tobacco Charges Assessment Act 1955 ; and


(g) subsection 38(1) of the Wool Tax (Administration) Act 1964 ;

being that subsection as in force at any time before the commencement of this subsection.




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