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 4-25 - CHARGES AND PENALTIES  

Division 280 - Shortfall interest charge  

Subdivision 280-B - Shortfall interest charge  

SECTION 280-102B   LIABILITY TO SHORTFALL INTEREST CHARGE - DIVISION 293 TAX  

280-102B(1)  
You are liable to pay *shortfall interest charge on an additional amount of *Division 293 tax that you are liable to pay because the Commissioner amends your assessment of an amount of Division 293 tax payable in relation to an income year.

280-102B(2)  
However, subsection (1) does not apply to the extent the additional amount of *Division 293 tax is *deferred to a debt account for a *superannuation interest.

280-102B(3)  
The liability is for each day in the period:


(a) beginning on the day on which *Division 293 tax under your first assessment of Division 293 tax for that income year was due to be paid; and


(b) ending on the day before the day on which the Commissioner gave you notice of the amended assessment.

280-102B(4)  
However, if an amended assessment reinstates all or part of a liability in relation to a particular that had been reduced by an earlier amended assessment, the period for the reinstated liability begins at the start of the day on which *Division 293 tax under the earlier amended assessment was due to be paid.

Note 1:

See section 5-10 of the Income Tax Assessment Act 1997 for when the amount of shortfall interest charge becomes due and payable.

Note 2:

See Subdivision 293-C of that Act for when the amount of assessed Division 293 tax becomes due and payable. That Subdivision also provides for general interest charge on any part of the additional amount (plus any shortfall interest charge) that remains unpaid after the additional amount is due and payable.

Liability arising because of a financial benefit under a look-through earnout right

280-102B(5)  
Subsection (1) does not apply if:


(a) you provide or receive a *financial benefit under a *look-through earnout right; and


(b) you request the Commissioner to amend your assessment of *Division 293 tax payable in relation to an income year (the taxing year ) to take account of the financial benefit; and


(c) you make that request at or before the time:


(i) you are required to lodge your *income tax return for the income year in which the financial benefit is provided or received; or

(ii) you would be so required if you were required to lodge an income tax return for that income year; and


(d) as a result of paragraph (a), you are liable to pay an additional amount of Division 293 tax for the taxing year.




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