TAXATION ADMINISTRATION ACT 1953

PART I - PRELIMINARY  

SECTION 1   1   SHORT TITLE  
This Act may be cited as the Taxation Administration Act 1953.

SECTION 2   INTERPRETATION  

2(1)  


In this Act (except Schedule 1), unless the contrary intention appears-

approved form
has the meaning given by Schedule 1.

ASIO
means the Australian Security Intelligence Organisation.

ASIO officer
(Repealed by No 145 of 2010)

assessable amount
has the meaning given by subsection 155-5(2) in Schedule 1.

Australia
, when used in a geographical sense, has the same meaning as in the Income Tax Assessment Act 1997.

authorised ASIO officer
(Repealed by No 145 of 2010)

authorised law enforcement agency officer
(Repealed by No 145 of 2010)

authorised Royal Commission officer
(Repealed by No 145 of 2010)

Chairperson
(Repealed by No 145 of 2010)

Commissioner
means the Commissioner of Taxation.

Customs diesel fuel rebate provision
(Repealed by No 54 of 2003)

Deputy Commissioner
means any Deputy Commissioner of Taxation.

Director-General of Security
means the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979.

eligible Royal Commission
(Repealed by No 145 of 2010)

engage in conduct
means:


(a) do an act; or


(b) omit to perform an act.

excess concessional contributions determination
has the same meaning as in subsection 995-1(1) of the Income Tax Assessment Act 1997.

excise law
has the meaning given by the Income Tax Assessment Act 1997.

exempt Australian government agency
has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

failure to notify penalty
means the penalty worked out under Division 2 of Part IIA.

fuel tax law
has the meaning given by the Fuel Tax Act 2006.

general interest charge
means the charge worked out under Part IIA.

head
(Repealed by No 145 of 2010)

IGIS officer
(Repealed by No 145 of 2010)

Immigration Department
has the meaning given by the Income Tax Assessment Act 1997.

Immigration Minister
(Repealed by No 110 of 2014)

Immigration Secretary
has the meaning given by the Income Tax Assessment Act 1997.

indirect tax law
has the meaning given by the Income Tax Assessment Act 1997.

ineligible income tax remission decision
has the meaning given by section 14ZS.

Inspector-General
(Repealed by No 145 of 2010)

late reconciliation statement penalty
means the penalty worked out under Division 3 of Part IIA.

law enforcement agency
(Repealed by No 145 of 2010)

migration officer
means:


(a) the Immigration Secretary; or


(b) an employee of the Immigration Department.

objection decision
has the meaning given by subsection 14ZY(2).

officer
means a person appointed or engaged under the Public Service Act 1999.

official
(Repealed by No 145 of 2010)

private ancillary fund
(Repealed by No 147 of 2011)

private indirect tax ruling
means a private ruling, to the extent that it relates to an indirect tax law (other than the fuel tax law).

private ruling
has the meaning given by section 359-5 in Schedule 1.

registered tax agent or BAS agent
has the same meaning as in the Tax Agent Services Act 2009.

Second Commissioner
means a Second Commissioner of Taxation.

Small Taxation Claims Tribunal
(Repealed by No 60 of 2015)

SPOR taxpayer
(Repealed by No 161 of 2005)

taxation law
has the meaning given by the Income Tax Assessment Act 1997.

tax liability
means a liability to the Commonwealth arising under, or by virtue of, a taxation law.

Tribunal
means the Administrative Appeals Tribunal.

2(2)  


Despite the definition of taxation law in subsection (1), an Excise Act (as defined in subsection 4(1) of the Excise Act 1901) is not a taxation law for the purposes of Part III of this Act.

SECTION 2A   2A   APPLICATION OF THE CRIMINAL CODE  
Chapter 2 of the Criminal Code applies to all offences against this Act.

SECTION 2B   2B   ACT BINDS THE CROWN  


This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

SECTION 3   3   APPLICATION  


This Act extends to every external Territory referred to in the definition of Australia .

SECTION 3AA   SCHEDULE 1  

3AA(1)   [Effect]  

Schedule 1 has effect.

Definitions in Schedule 1 do not apply to rest of Act

3AA(1A)  


So far as a provision in Schedule 1 gives an expression a particular meaning, the provision does not also have effect for the purposes of this Act (other than Schedule 1), except as provided in this Act (other than Schedule 1).

3AA(2)   Application of interpretation provisions of Income Tax Assessment Act 1997 .  

An expression has the same meaning in Schedule 1 as in the Income Tax Assessment Act 1997.

3AA(3)   [ITAA97, Div 950]  

Division 950 of the Income Tax Assessment Act 1997 (which contains rules for interpreting that Act) applies to Schedule 1 to this Act as if the provisions in that Schedule were provisions of that Act.

3AA(4)  
(Repealed by No 91 of 2000)

PART IA - ADMINISTRATION  

SECTION 3A   3A   GENERAL ADMINISTRATION OF ACT  


The Commissioner has the general administration of this Act.

SECTION 3B   ANNUAL REPORT  

3B(1)  
The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act.

3B(1AA)  
A report under subsection (1) in relation to a year ending on 30 June shall:


(a) (Repealed by No 21 of 2015)


(b) set out:


(i) the number of occasions (if any) during the year on which a request was made to disclose information under subsection 355-55(1) in Schedule 1 (about disclosures to Ministers); and

(ii) the number of occasions (if any) during the year on which information was disclosed under that subsection; and

(iii) the Ministers to whom the information was disclosed; and


(c) set out:


(i) the number of occasions (if any) during the year on which a request was made to disclose information under subsection 355-70(1) in Schedule 1 (about disclosures for law enforcement and related purposes); and

(ii) the number of occasions (if any) during the year on which information was disclosed under that subsection; and

(iii) the types of entities and the names of the courts and tribunals to which the information was disclosed; and

(iv) if the information was disclosed under table item 1 or 6 in subsection 355-70(1) - the general categories of offences in relation to which the information was disclosed; and


(d) set out the number (if any) of *taxation officers found guilty of the offence in section 355-25 in Schedule 1 (about disclosure of protected information); and


(e) set out information on the exercise during the year of the Commissioner's powers under Subdivision 370-A in Schedule 1 (Commissioner's remedial power).

3B(1A)  
(Repealed by No 82 of 1993)

3B(1B)  


Subsection (1) does not apply in relation to Part III and sections 15 and 15A insofar as that Part and those sections apply in relation to the Development Allowance Authority Act 1992.

3B(1C)  


Subsection (1) does not apply in relation to Part III and sections 15 and 15A insofar as that Part and those sections apply in relation to the Tax Agent Services Act 2009.

3B(2)  
The Minister shall cause a copy of a report furnished under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

3B(3)  
For the purposes of section 34C of the Acts Interpretation Act 1901, a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June.

3B(4)  


In this section:

"this Act"
does not include Part IVC.

SECTION 3C   REPORTING OF INFORMATION ABOUT CORPORATE TAX ENTITY WITH REPORTED TOTAL INCOME OF $100 MILLION OR MORE  

3C(1)  


This section applies to a corporate tax entity for an income year if, according to information reported to the Commissioner in the entity's income tax return for the income year:


(a) the entity has total income equal to or exceeding $100 million for the income year and, at the end of the income year:


(i) the entity is not an Australian resident that is a private company for the income year; or

(ii) the entity is a member of a wholly-owned group that has a foreign resident ultimate holding company; or

(iii) the percentage of foreign shareholding in the entity is greater than 50%; or


(b) the entity has total income equal to or exceeding $200 million for the income year and, at the end of the income year, the entity is an Australian resident that is a private company for the income year.

An expression used in this subsection that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act.

3C(2)  
The Commissioner must, as soon as practicable after the end of the income year, make publicly available the information mentioned in subsection (3).

3C(3)  
The information is as follows:


(a) the entity's ABN (within the meaning of the Income Tax Assessment Act 1997) and name;


(b) the entity's total income for the income year, according to information reported to the Commissioner in the entity's income tax return (within the meaning of that Act) for the income year;


(c) the entity's taxable income or net income (if any) for the income year, according to information reported to the Commissioner in that income tax return;


(d) the entity's income tax payable (if any) for the financial year corresponding to the income year, according to information reported to the Commissioner in that income tax return.

3C(4)  


Subsection (5) applies if:


(a) the entity gives the Commissioner a notice in writing that the return mentioned in paragraph (3)(b) contains an error; and


(b) the notice contains information that corrects the error.

3C(5)  
The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error.

3C(6)  
To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure.

SECTION 3CA   REPORTING OF INFORMATION BY SIGNIFICANT GLOBAL ENTITIES  

3CA(1)  
This section applies to a corporate tax entity for an income year if:


(a) the entity is a significant global entity for the income year; and


(b) at the end of the income year, the entity is:


(i) an Australian resident; or

(ii) a foreign resident who operates an Australian permanent establishment (within the meaning of Part IVA of the Income Tax Assessment Act 1936); and


(c) the entity does not lodge a general purpose financial statement for the financial year most closely corresponding to the income year:


(i) with the Australian Securities and Investments Commission; and

(ii) within the time provided under subsection 319(3) of the Corporations Act 2001 for lodgement of a report for that financial year.

3CA(2)  


A corporate tax entity to which this section applies for an income year must, on or before the day by which the entity is required to lodge its income tax return for the income year with the Commissioner, give to the Commissioner in the approved form a general purpose financial statement for the financial year most closely corresponding to the income year.

3CA(3)  
The Commissioner must give a copy of the statement to the Australian Securities and Investments Commission.

3CA(4)  
The giving of the copy to the Australian Securities and Investments Commission under subsection (3) is taken, for the purposes of the Corporations Act 2001, to be lodgement of the document with the Australian Securities and Investments Commission.

3CA(5)  
For the purposes of this section, a general purpose financial statement in relation to an entity:


(a) must be prepared in accordance with:


(i) the accounting principles; or

(ii) if accounting principles do not apply in relation to the entity - commercially accepted principles relating to accounting; and


(b) if the entity is a member of a group of entities that are consolidated for accounting purposes as a single group - must relate to:


(i) the entity; or

(ii) the entity and some or all of the other members of the group.

3CA(6)  
An expression used in this section that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act.

SECTION 3D   3D   REPORTING OF INFORMATION ABOUT ENTITY WITH MRRT PAYABLE  
(Repealed by No 96 of 2014)

SECTION 3E   REPORTING OF INFORMATION ABOUT ENTITY WITH PRRT PAYABLE  

3E(1)  


This section applies to an entity if the entity has an amount of PRRT payable for a year of tax, according to information reported to the Commissioner in the entity's PRRT return for the year of tax.

3E(2)  


The Commissioner must, as soon as practicable after the end of the year of tax, make publicly available the information mentioned in subsection (3).

3E(3)  


The information is as follows:


(a) the entity's ABN (within the meaning of the Income Tax Assessment Act 1997) and name;


(b) the PRRT payable by the entity in respect of the year of tax, according to information reported to the Commissioner in the entity's PRRT return for the year of tax.

3E(4)  


Subsection (5) applies if:


(a) the entity gives the Commissioner a notice in writing that the return mentioned in paragraph (3)(b) contains an error; and


(b) the notice contains information that corrects the error.

3E(5)  
The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error.

3E(6)  
To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure.

3E(7)  
In this section:

PRRT return
means a return under section 59 or 60 of the Petroleum Resource Rent Tax Assessment Act 1987.

year of tax
has the meaning given by the Petroleum Resource Rent Tax Assessment Act 1987.

SECTION 3EA   3EA   USE BY ASIO OFFICERS OF TAX INFORMATION  
(Repealed by No 145 of 2010)

SECTION 3EB   3EB   USE BY LEGAL PRACTITIONERS OF TAX INFORMATION PROVIDED BY ASIO  
(Repealed by No 145 of 2010)

SECTION 3EC   3EC   USE BY IGIS OFFICERS OF TAX INFORMATION PROVIDED BY ASIO  
(Repealed by No 145 of 2010)

SECTION 3ED   3ED   PROVIDING TAX INFORMATION RELEVANT TO SPONSORSHIP UNDER THE MIGRATION ACT 1958  
(Repealed by No 145 of 2010)

SECTION 3F   3F   PROVISION OF TAXATION INFORMATION TO CHIEF EXECUTIVE OFFICER OF CUSTOMS  
(Repealed by No 145 of 2010)

SECTION 3G   3G   PROVIDING TAXATION INFORMATION TO THE PROJECT WICKENBY TASKFORCE  
(Repealed by No 145 of 2010)

SECTION 3H   3H   PROVIDING TAXATION INFORMATION TO PRESCRIBED TASKFORCES  
(Repealed by No 145 of 2010)

PART II - COMMISSIONER OF TAXATION, SECOND COMMISSIONER OF TAXATION AND DEPUTY COMMISSIONER OF TAXATION  

SECTION 4   4   COMMISSIONER AND SECOND COMMISSIONERS OF TAXATION  


There shall be a Commissioner of Taxation and 3 Second Commissioners of Taxation, who shall be appointed by the Governor-General.

SECTION 4A   STATUTORY AGENCY ETC. FOR PURPOSES OF PUBLIC SERVICE ACT  

4A(1)   [Staff]  

The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.

4A(2)   [Statutory Agency]  

For the purposes of the Public Service Act 1999:


(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and


(b) the Commissioner is the Head of that Statutory Agency.

SECTION 5   TENURE OF COMMISSIONER AND SECOND COMMISSIONERS  

5(1)   [Term of appointment]  

The Commissioner of Taxation and each Second Commissioner of Taxation shall be appointed for terms of 7 years respectively and shall be eligible for re-appointment.

5(2)  
(Repealed by No 159 of 2001)

5(3)   [Not subject to Public Service Act ]  

The Commissioner of Taxation and the Second Commissioners of Taxation are not subject to the Public Service Act 1999.

5(4)-(5)  
(Omitted by No 123 of 1984)

5(6)  
(Omitted by No 133 of 1974)

SECTION 5A   REMUNERATION AND ALLOWANCES OF COMMISSIONER AND SECOND COMMISSIONERS  

5A(1)   [Remuneration]  

The Commissioner of Taxation and the Second Commissioners of Taxation shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid remuneration at the respective rates that were applicable immediately before the commencement of this section.

5A(2)   [Allowances]  

The Commissioner of Taxation and the Second Commissioners of Taxation shall be paid such allowances as are prescribed.

5A(3)   [Subject to the Remuneration Tribunal Act ]  

This section has effect subject to the Remuneration Tribunal Act 1973.

SECTION 6   LEAVE OF ABSENCE  

6(1)   [Recreation leave]  

The Commissioner and a Second Commissioner have such recreation leave entitlements as are determined by the Remuneration Tribunal.

6(2)   [Other leave entitlements]  

The Minister may grant the Commissioner and a Second Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

SECTION 6A   6A   RESIGNATION  


The Commissioner or a Second Commissioner may resign his or her office by writing signed by the Commissioner or Second Commissioner, as the case may be, and delivered to the Governor-General.

SECTION 6B   ACTING APPOINTMENTS  

6B(1)  


The Minister may appoint a person to act in the office of Commissioner of Taxation:


(a) during a vacancy in that office; or


(b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.

6B(2)  


The Minister may appoint a person to act in an office of Second Commissioner of Taxation:


(a) during a vacancy in that office; or


(b) during any period, or during all periods, when the person holding the office of Second Commissioner of Taxation is absent from duty or from Australia, is acting in the office of Commissioner of Taxation or is, for any other reason, unable to perform the functions of the office of Second Commissioner of Taxation.

6B(3)  
(Repealed by No 46 of 2011)

6B(4)  
(Repealed by No 46 of 2011)

6B(5)  
(Repealed by No 46 of 2011)

6B(6)  
While a person is acting in the office of Commissioner of Taxation, the person has and may exercise all the powers, and shall perform all the functions, of the Commissioner under this Act or any other law.

6B(6A)  


For the purposes of subsection (6), the Commissioner's powers and functions include powers and functions given to the Commissioner in his or her capacity as Registrar of the Australian Business Register.

6B(7)  
While a person is acting in an office of Second Commissioner of Taxation, the person has and may exercise all the powers, and shall perform all the functions, of the Second Commissioner under this Act or any other law.

6B(8)  
(Repealed by No 46 of 2011)

6B(9)  
(Repealed by No 46 of 2011)

6B(10)  
(Repealed by No 46 of 2011)

6B(11)  
(Repealed by No 4 of 2007)

SECTION 6C   SUSPENSION AND REMOVAL FROM OFFICE OF COMMISSIONER OR SECOND COMMISSIONER  

6C(1)   [Removal from office]  

The Governor-General may remove the Commissioner or a Second Commissioner from office on an address praying for the removal of the Commissioner or the Second Commissioner, as the case may be, on the ground of proved misbehaviour or physical or mental incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.

6C(2)   [Suspension from office]  

The Governor-General may suspend the Commissioner or a Second Commissioner from office on the ground of misbehaviour or physical or mental incapacity.

6C(3)   [Statement of grounds]  

Where the Governor-General suspends the Commissioner or a Second Commissioner, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

6C(4)   [Termination of suspension]  

If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement was laid before that House, an address under subsection (1) has not been presented to the Governor-General by each House of the Parliament, the suspension terminates.

6C(5)   [Effect of suspension]  

The suspension of the Commissioner or a Second Commissioner from office under this section does not affect any entitlement of the Commissioner or Second Commissioner, as the case may be, to be paid remuneration and allowances.

6C(6)   [Removal from office in certain circumstances]  

If:


(a) the Commissioner or a Second Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;


(b) the Commissioner or a Second Commissioner engages, except with the approval of the Minister, in paid employment outside the duties of the office of Commissioner or Second Commissioner, as the case may be; or


(c) the Commissioner or a Second Commissioner is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months;

the Governor-General shall remove the Commissioner or Second Commissioner, as the case may be, from office.

6C(7)   [Retirement with consent]  

The Governor-General may, with the consent of the Commissioner or a Second Commissioner, retire the Commissioner or Second Commissioner, as the case may be, from office on the ground of physical or mental incapacity.

6C(8)   [No removal or suspension except as provided]  

The Commissioner or a Second Commissioner shall not be suspended, removed or retired from office except as provided by this section.

SECTION 6D   POWERS OF SECOND COMMISSIONER  

6D(1)   [Powers subject to subsec (2)]  

Subject to subsection (2) and to the regulations, a Second Commissioner has all the powers, and may perform all the functions, of the Commissioner under a taxation law.

6D(2)   [Subsec (1) not applicable]  

Subsection (1) does not apply in relation to:


(a) section 8 of this Act; or


(b) a provision of a taxation law that:


(i) provides that the Commissioner has the general administration of the taxation law; or

(ii) requires the Commissioner to furnish to the Minister a report on the working of the taxation law during any period.

6D(3)   [Deemed performance by Commissioner]  

When a power or function of the Commissioner under a taxation law is exercised or performed by a Second Commissioner, the power or function shall, for the purposes of the taxation law, be deemed to have been exercised or performed by the Commissioner.

6D(4)   [Commissioner's powers and functions]  

The exercise of a power, or the performance of a function, of the Commissioner under a taxation law by a Second Commissioner does not prevent the exercise of the power, or the performance of the function, by the Commissioner.

6D(5)  
(Repealed by No 54 of 2003)

SECTION 7   7   DEPUTY COMMISSIONERS OF TAXATION  
There shall be such Deputy Commissioners of Taxation as are required.

SECTION 8   DELEGATION  

8(1)   [Delegation by Commissioner]  

The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a Deputy Commissioner or any other person all or any of the Commissioner's powers or functions under a taxation law or any other law of the Commonwealth or a Territory, other than this power of delegation.

8(1A)   [Registrar of Australian Business Register]  

For the purposes of this section, the Commissioner's powers and functions include powers and functions given to the Commissioner in his or her capacity as Registrar of the Australian Business Register.

8(2)   [Deemed performance by Commissioner]  

Subject to subsection (5), a power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of the taxation law or the other law, as the case may be, be deemed to have been exercised or performed by the Commissioner.

8(3)  
(Omitted by No 123 of 1984)

8(4)   [Commissioner may exercise delegated power]  

A delegation under this section does not prevent the exercise of a power or the performance of a function by the Commissioner.

8(5)   [Review and alteration of delegation]  

A delegation under this section may be made subject to a power ofreview and alteration by the Commissioner, within a period specified in the instrument of delegation, of acts done in pursuance of the delegation.

8(6)   [Duration of delegation]  

A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of Commissioner, but, for the purposes of the application of subsection 33(3) of the Acts Interpretation Act 1901 to a delegation under this section, nothing in any law shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of that office.

PART IIA - THE GENERAL INTEREST CHARGE  

SECTION 8AAA   OVERVIEW  


This Part explains how to work out the general interest charge on an amount.

Usually, a person is liable to pay the charge if an amount that the person must pay to the Commissioner is not paid on time. But there are also other circumstances in which a person can be liable.

A person is only liable to pay the charge if a provision of an Act makes the person liable.

SECTION 8AAB   WHEN THE GENERAL INTEREST CHARGE APPLIES  

8AAB(1)  


There are certain provisions of this Act and other Acts that make persons liable to pay the general interest charge. Subsection (4) lists the provisions.

8AAB(2)  
A person is only liable to pay the charge on an amount if a provision specifies that the person is liable to pay the charge on the amount.

8AAB(3)  
The charge does not apply to the Commonwealth or an authority of the Commonwealth.

8AAB(4)  


The following table is an index of the laws that deal with liability to the charge.


Liability to general interest charge
Item Column 1 Column 2 Column 3
Section Act Topic
1 162-100 A New Tax System (Goods and Services Tax) Act 1999 payment of GST instalments
2 168-10 A New Tax System (Goods and Services Tax) Act 1999 supplies later found to be GST-free supplies
3 25-10 A New Tax System (Wine Equalisation Tax) Act 1999 purchases later found to be GST free supplies
3A 175-65 Australian Charities and Not-for-profits Commission Act 2012 payment of administrative penalty
4 (Repealed by No 70 of 2015)
5 93 Fringe Benefits Tax Assessment Act 1986 payment of fringe benefits tax
6 112B Fringe Benefits Tax Assessment Act 1986 payment of fringe benefits tax instalments
7 102UP Income Tax Assessment Act 1936 payment of trustee beneficiary non-disclosure tax
8 128C Income Tax Assessment Act 1936 payment of withholding tax
9 163AA Income Tax Assessment Act 1936 returns by instalment taxpayers
10 163B Income Tax Assessment Act 1936 returns by persons other than instalment taxpayers
10A 172A Income Tax Assessment Act 1936 repayments of excessive tax offset refunds
11 271-80 in Schedule 2F Income Tax Assessment Act 1936 payment of family trust distribution tax
12 5-15 Income Tax Assessment Act 1997 unpaid income tax or shortfall interest charge
13 197-75 Income Tax Assessment Act 1997 payment of untainting tax
14 214-155 Income Tax Assessment Act 1997 payment of franking tax by a corporate tax entity
15 292-390 Income Tax Assessment Act 1997 payment of excess non-concessional contributions tax or shortfall interest charge
15A 293-75 Income Tax Assessment Act 1997 payment of Division 293 tax or shortfall interest charge
15B 294-250 Income Tax Assessment Act 1997 payment of excess transfer balance tax
16 (Repealed by No 70 of 2015)
16A 418-170 Income Tax Assessment Act 1997 payment of excess exploration credit tax or shortfall interest charge
17 721-30 Income Tax Assessment Act 1997 liability of members of consolidated groups
18 840-810 Income Tax Assessment Act 1997 payment of managed investment trust withholding tax
18A 840-910 Income Tax Assessment Act 1997 payment of Seasonal Labour Mobility Program withholding tax
19 214-105 Income Tax (Transitional Provisions) Act 1997 payment of franking deficit tax
19A (Repealed by No 96 of 2014)
20 85 Petroleum Resource Rent Tax Assessment Act 1987 payment of petroleum resource rent tax, shortfall interest charge or instalment transfer interest charge
20A 282-19 Private Health Insurance Act 2007 repayment of private health insurance premium reduction or refund
21 35 Product Grants and Benefits Administration Act 2000 payment of a designated scheme debt
22 21 Superannuation Contributions Tax (Assessment and Collection) Act 1997 increase in liability to pay superannuation contributions surcharge because of amendment of assessment
23 22 Superannuation Contributions Tax (Assessment and Collection) Act 1997 liability to pay superannuation contributions surcharge because of new assessment
24 25 Superannuation Contributions Tax (Assessment and Collection) Act 1997 payment of superannuation contributions surcharge or advance instalment
25 18 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 increase in liability to pay superannuation contributions surcharge because of amendment of assessment
26 21 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 payment of superannuation contributions surcharge
27 25 Superannuation (Government Co-contribution for Low Income Earners) Act 2003 repayments or underpayments of Government co-contributions that cannot be credited to an account
28 49 Superannuation Guarantee (Administration) Act 1992 payment of superannuation guarantee charge
29 15DC Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 payment of superannuation (self managed superannuation funds) supervisory levy
30 17A Superannuation (Unclaimed Money and Lost Members) Act 1999 payment of unclaimed money
31 18C Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner's payment that cannot be credited to an account
32 20F Superannuation (Unclaimed Money and Lost Members) Act 1999 payment of unclaimed superannuation of former temporary residents
33 20M Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner's payment for former temporary resident that cannot be credited to an account
34 24F Superannuation (Unclaimed Money and Lost Members) Act 1999 payment in respect of lost member accounts
35 24L Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner's payment for former lost member that cannot be credited to an account
36 8AAZF Taxation Administration Act 1953 RBA deficit debts
37 8AAZN Taxation Administration Act 1953 overpayments made by the Commissioner
38 16-80 in Schedule 1 Taxation Administration Act 1953 payment of PAYG withholding amounts
38A 18-150 in Schedule 1 Taxation Administration Act 1953 PAYG withholding non-compliance tax
39 45-80 in Schedule 1 Taxation Administration Act 1953 payment of PAYG instalments
40 45-230 in Schedule 1 Taxation Administration Act 1953 shortfall in quarterly PAYG instalments worked out on the basis of a varied rate
41 45-232 in Schedule 1 Taxation Administration Act 1953 shortfall in quarterly PAYG instalments worked out on the basis of estimated benchmark tax
42 45-235 in Schedule 1 Taxation Administration Act 1953 shortfall in annual PAYG instalments
43 45-600 and 45-620 in Schedule 1 Taxation Administration Act 1953 tax benefits relating to PAYG instalments
44 45-870 and 45-875 in Schedule 1 Taxation Administration Act 1953 head company's liability on shortfall in quarterly PAYG instalments
44Q 95-25 in Schedule 1 Taxation Administration Act 1953 payment of excess concessional contributions charge or shortfall interest charge
45 105-80 in Schedule 1 Taxation Administration Act 1953 payment of a net fuel amount or an amount of indirect tax
45A 115-10 in Schedule 1 Taxation Administration Act 1953 payment of major bank levy
45B (Repealed by No 96 of 2014)
45C 133-115 in Schedule 1 Taxation Administration Act 1953 payment of debt account discharge liability
46 263-30 in Schedule 1 Taxation Administration Act 1953 payment of a foreign revenue claim
47 268-75 in Schedule 1 Taxation Administration Act 1953 late payment of estimate
48 298-25 in Schedule 1 Taxation Administration Act 1953 payment of administrative penalty
49 (Repealed by No 32 of 2014)
50 13 Termination Payments Tax (Assessment and Collection) Act 1997 increase in liability to pay termination payments surcharge because of amendment of assessment
51 16 Termination Payments Tax (Assessment and Collection) Act 1997 payment of termination payments surcharge

8AAB(5)  
(Repealed by No 41 of 2011)

SECTION 8AAC   AMOUNT OF THE GENERAL INTEREST CHARGE  

8AAC(1)   [Calculating the charge]  

The general interest charge for a day is worked out in accordance with this section.

8AAC(2)   [Charge payable on deficit on a running balance account]  

If the charge is payable under section 8AAZF on the RBA deficit at the end of that day, then the charge is worked out by multiplying the general interest charge rate for that day by the RBA deficit at the end of that day.

8AAC(3)   [Other original unpaid amounts]  

If the charge is not payable under section 8AAZF, but applies to an amount that remains unpaid (the original unpaid amount ), then the charge is worked out by multiplying the general interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:


(a) the charge from previous days;


(b) the original unpaid amount.

8AAC(4)   [Other specified amounts]  

If the charge applies to an amount that is specified in the provision that imposes the charge, but neither subsection (2) nor (3) applies, then the charge is worked out by multiplying the general interest charge rate for that day by the sum of the following amounts:


(a) so much of the charge from previous days as remains unpaid;


(b) the specified amount.

SECTION 8AAD   WHAT IS THE GENERAL INTEREST CHARGE RATE ?  

8AAD(1)   [Working out the rate]  

The general interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

8AAD(2)   [Working out the "base interest rate"]  

Thebase interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in the second column of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in the third column of the table.


Base interest rate
Item For days in this quarter... the monthly average yield of 90-day Bank Accepted Bills for this month applies...
1 1 January to 31 March the preceding November
2 1 April to 30 June the preceding February
3 1 July to 30 September the preceding May
4 1 October to 31 December the preceding August

8AAD(3)   [Monthly average yield]  

If the monthly average yield of 90-day Bank Accepted Bills for a particular month in the third column of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia before that month.

8AAD(4)   [Base interest rate rounded]  

The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

SECTION 8AAE   8AAE   WHEN THE CHARGE IS DUE AND PAYABLE  


The general interest charge for a day is due and payable to the Commissioner at the end of that day.

SECTION 8AAF   NOTIFICATION BY COMMISSIONER  

8AAF(1)  
The Commissioner may give notice to a person liable to pay the charge of the amount of the charge for a particular day or days.

8AAF(2)  
(Repealed by No 178 of 1999)

8AAF(3)  
(Repealed by No 81 of 2016)

8AAF(4)  


A notice given to a person by the Commissioner under this section is prima facie evidence of the matters stated in the notice.

SECTION 8AAG   REMISSION OF THE CHARGE  

8AAG(1)   [Commissioner may remit all or part]  

The Commissioner may remit all or a part of the charge payable by a person.

8AAG(2)   [Overdue unpaid amounts]  

However, if a person is liable to pay the charge because an amount remains unpaid after the time by which it is due to be paid, the Commissioner may only remit all or a part of the charge in the circumstances set out in subsection (3), (4) or (5).

8AAG(3)   [Circumstances not due to the person]  

The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that:


(a) the circumstances that contributed to the delay in payment were not due to, or caused directly or indirectly by, an act or omission of the person; and


(b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances.

8AAG(4)   [Where it is fair and reasonable to remit charge]  

The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that:


(a) the circumstances that contributed to the delay in payment were due to, or caused directly or indirectly by, an act or omission of the person; and


(b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and


(c) having regard to the nature of those circumstances, it would be fair and reasonable to remit all or a part of the charge.

8AAG(5)   [When Commissioner may remit charges]  

The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that:


(a) there are special circumstances because of which it would be fair and reasonable to remit all or a part of the charge; or


(b) it is otherwise appropriate to do so.

SECTION 8AAGA   8AAGA   ROUNDING OF THE CHARGE  


If the amount of the charge payable for any period is not a multiple of 5 cents, the Commissioner may round it down to the nearest multiple of 5 cents.

SECTION 8AAH   JUDGMENT FOR PAYMENT OF AN UNPAID AMOUNT  

8AAH(1)   [All or part of amounts]  

This section applies if judgment is given by, or entered in, a court for the payment of:


(a) all or a part of an amount in respect of which a person is, or was, liable to pay the charge because the amount remains unpaid after the time by which it is due to be paid; or


(b) an amount that includes all or a part of the unpaid amount.

8AAH(2)   [Consequences of judgment]  

The consequences of judgment being given or entered are:


(a) the unpaid amount is not taken, for the purposes of a provision that makes, or would make, the person liable to pay the charge on the unpaid amount, to have ceased to be due and payable by reason only of the giving or entering of the judgment; and


(b) if the judgment debt carries interest, the amount of the charge that the person would, if not for this paragraph, be liable to pay on the unpaid amount is reduced by:


(i) in a case to which paragraph (1)(a) applies - the amount of the interest; or

(ii) in a case to which paragraph (1)(b) applies - the amount worked out using the formula:


Unpaid amount or part
      ofunpaid amount    
Judgment debt   
× Interest

Division 4 - Recovery of charges and penalties [Repealed]  

SECTION 8AAU   8AAU   OVERVIEW  
(Repealed by No 179 of 1999)

SECTION 8AAV   8AAV   RECOVERY OF AMOUNTS BY COMMISSIONER  
(Repealed by No 179 of 1999)

SECTION 8AAW   8AAW   SUBSTITUTED SERVICE  
(Repealed by No 179 of 1999)

PART IIB - RUNNING BALANCE ACCOUNTS, APPLICATION OF PAYMENTS AND CREDITS, AND RELATED MATTERS  

Division 1 - Preliminary  

SECTION 8AAZA   8AAZA   DEFINITIONS  


In this Part, unless the contrary intention appears:

company
includes any body or association (whether or not it is incorporated), but does not include a partnership or a non-entity joint venture.

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.

credit
includes:


(a) an amount that the Commissioner must pay to a taxpayer under a taxation law (other than the Product Grants and Benefits Administration Act 2000 or Division 18 (refunds) of the A New Tax System (Luxury Car Tax) Act 1999), whether or not described as a credit; and


(b) an amount received by the Commissioner in respect of a taxpayer as a result of the Commissioner having made a claim that is similar in nature to a foreign revenue claim (as defined in section 263-10 in Schedule 1).

"deficit"
(Repealed by No 178 of 1999)

entity
means any of the following:


(a) a company;


(b) a partnership;


(c) a person in a particular capacity of trustee;


(d) a body politic;


(e) a corporation sole;


(f) any other person.

excess non-RBA credit
means a credit that arises under section 8AAZLA or 8AAZLB.

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.

HEC assessment debt
(Repealed by No 56 of 2010)

non-entity joint venture
has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

non-RBA tax debt
means a tax debt other than an RBA deficit debt.

primary tax debt
means any amount due to the Commonwealth directly under a taxation law (other than, except in Division 4, the Product Grants and Benefits Administration Act 2000), including any such amount that is not yet payable.

RBA
means a running balance account established under section 8AAZC.

"RBA class"
(Repealed by No 178 of 1999)

"RBA deficit"
(Repealed by No 178 of 1999)

RBA deficit debt
, in relation to an RBA of an entity, means a balance in favour of the Commissioner, based on:


(a) primary tax debts that have been allocated to the RBA and that are currently payable; and


(b) payments made in respect of current or anticipated primary tax debts of the entity, and credits to which the entity is entitled under a taxation law, that have been allocated to the RBA.

RBA group
means a GST group under Division 48 of the A New Tax System (Goods and Services Tax) Act 1999.

RBA statement
means a statement prepared by the Commissioner under section 8AAZG.

RBA surplus
, in relation to an RBA of an entity, means a balance in favour of the entity, based on:


(a) primary tax debts that have been allocated to the RBA; and


(b) payments made in respect of current or anticipated primary tax debts of the entity, and credits to which the entity is entitled under a taxation law, that have been allocated to the RBA.

secondary tax debt
means an amount that is not a primary tax debt, but is due to the Commonwealth in connection with a primary tax debt.

"special priority credit"
(Repealed by No 178 of 1999)

tax debt
means a primary tax debt or a secondary tax debt.

tax debtor
means:


(a) in relation to a tax debt - the person or persons who are liable for the tax debt; and


(b) in relation to an RBA - the person or persons who are liable for the tax debts that are allocated to the RBA.

SECTION 8AAZB   8AAZB   TRUSTEE TO BE TREATED AS SEPARATE ENTITY FOR EACH CAPACITY  


For the purposes of this Part, a person who is a trustee in more than one capacity is to be treated as a separate entity in relation to each of those capacities.

Division 2 - Running Balance Accounts (or RBAs)  

SECTION 8AAZC   ESTABLISHMENT OF RBAs  

8AAZC(1)   [System of accounts]  

The Commissioner may establish one or more systems of accounts for primary tax debts.

8AAZC(2)   [RBA]  

Each account is to be known as a Running Balance Account (or RBA).

8AAZC(3)   [Any entity]  

An RBA may be established for any entity.

8AAZC(4)   [Basis for establishing RBA]  

RBAs for entities may be established on any basis that the Commissioner determines.

8AAZC(4A)   [Separate RBAs]  

Without limiting subsection (4), separate RBAs may be established for different types of primary tax debts.

8AAZC(5)   [Some bases]  

Without limiting subsection (4), separate RBAs may be established for:


(a) different businesses or undertakings conducted by the same entity; or


(b) different parts of the same business or undertaking; or


(c) different periods.

SECTION 8AAZD   ALLOCATION OF TAX DEBTS TO RBAs  

8AAZD(1)   [Primary tax debt]  

The Commissioner may allocate a primary tax debt to an RBA that has been established for that type of tax debt.

8AAZD(1A)   Separate RBAs for one entity.  

If 2 or more RBAs for an entity have been established for that kind of tax debt, the Commissioner may allocate the debt to any one of those RBAs, or between any 2 or more of those RBAs, in the manner the Commissioner determines.

8AAZD(2)   Definition.  

In this section:

primary tax debt
does not include:


(a) general interest charge; or


(b) an RBA deficit debt.

SECTION 8AAZE   8AAZE   ALLOCATION OF PAYMENTS AND CREDITS TO RBAs  
(Repealed by No 178 of 1999)

SECTION 8AAZF   GENERAL INTEREST CHARGE ON RBA DEFICIT DEBT  

8AAZF(1)   [Where deficit debt exists at end of day]  

If there is an RBA deficit debt at the end of a day, then general interest charge is payable by the tax debtor on that RBA deficit debt for that day.

8AAZF(2)   [General interest charge amount]  

The balance of the RBA is altered in the Commissioner's favour by the amount of the general interest charge payable.

SECTION 8AAZG   8AAZG   RBA STATEMENTS  


The Commissioner may at any time prepare a statement for an RBA, containing such particulars as the Commissioner determines.

SECTION 8AAZH   LIABILITY FOR RBA DEFICIT DEBT  

8AAZH(1)   [Liability]  

If there is an RBA deficit debt on an RBA at the end of a day, the tax debtor is liable to pay to the Commonwealth the amount of the debt. The amount is due and payable at the end of that day.

8AAZH(2)   [Several tax debtors]  

If there are several tax debtors, their liability for the debt is of the same kind as their liability for the tax debts that were allocated to the RBA.

Example:

If the tax debtors are jointly and severally liable for the tax debts that were allocated to the RBA, they will also be jointly and severally liable for the RBA deficit debt.

SECTION 8AAZI   RBA STATEMENT TO BE EVIDENCE  

8AAZI(1)   [Prima facie evidence]  

The production of an RBA statement:


(a) is prima facie evidence that the RBA was duly kept; and


(b) is prima facie evidence that the amounts and particulars in the statement are correct.

8AAZI(2)   [RBA statement]  

In this section:

RBA statement
includes a document that purports to be a copy of an RBA statement and is signed by the Commissioner or a delegate of the Commissioner or by a Second Commissioner or Deputy Commissioner.

SECTION 8AAZJ   EVIDENTIARY CERTIFICATE ABOUT RBA TRANSACTIONS ETC.  

8AAZJ(1)   [Prima facie evidence]  

In proceedings for recovery of an RBA deficit debt, a Commissioner's certificate stating any of the following matters in respect of a specified RBA is prima facie evidence of those matters:


(a) that no tax debts (other than general interest charge on the RBA deficit debt) were allocated to the RBA after the balance date shown on a specified RBA statement for the RBA;


(b) that general interest charge is payable on the RBA deficit debt, as specified in the certificate;


(c) that payments and credits were allocated to the RBA, as specified in the certificate;


(d) that a specified amount was the RBA deficit debt on the date of the certificate.

8AAZJ(2)   [Commissioner's certificate]  

In this section:

Commissioner's certificate
means a certificate signed by the Commissioner or a delegate of the Commissioner, or by a Second Commissioner or Deputy Commissioner.

SECTION 8AAZK   8AAZK   EFFECT OF JUDGMENT IN PROCEEDINGS TO RECOVER RBA DEFICIT DEBT  
(Repealed by No 178 of 1999)

Division 3 - Treatment of payments, credits and RBA surpluses  

SECTION 8AAZL   AMOUNTS COVERED BY THIS DIVISION  

8AAZL(1)  
This Division sets out how the Commissioner must treat the following kinds of amount:


(a) a payment the Commissioner receives in respect of a current or anticipated tax debt or tax debts of an entity;


(b) a credit (including an excess non-RBA credit) that an entity is entitled to under a taxation law;


(c) an RBA surplus of an entity.

8AAZL(2)  
The Commissioner must treat each such amount using the method set out in section 8AAZLA or 8AAZLB (but not both).

8AAZL(3)  


However, the Commissioner does not have to treat an amount using either of those methods if doing so would require the Commissioner to apply the amount against a tax debt:


(a) that is due but not yet payable; or


(b) in respect of which the taxpayer has complied with an arrangement under section 255-15 to pay the debt by instalments; or


(c) in respect of which the Commissioner has agreed to defer recovery under section 255-5.

8AAZL(4)  


Furthermore, the Commissioner does not have to treat an amount using either of those methods if:


(a) doing so would require the Commissioner to apply the amount against a tax debt; and


(b) the tax debt is a penalty that is due and payable under section 269-20 in Schedule 1 (penalties for directors of non-complying companies).

SECTION 8AAZLA   METHOD 1 - ALLOCATING THE AMOUNT FIRST TO AN RBA  

8AAZLA(1)   [Allocation]  

The Commissioner may, in the manner he or she determines, allocate the amount to an RBA of the entity or, if the entity is a member of an RBA group, to an RBA of another member of the group.

8AAZLA(2)   [Application of amount]  

The Commissioner must then also apply the amount against the following kinds of debts (if there are any):


(a) tax debts that have been allocated to that RBA;


(b) general interest charge on such tax debts.

8AAZLA(3)   [Excess non-RBA credit]  

To the extent that the amount is not applied under subsection (2), it gives rise to an excess non-RBA credit in favour of the entity that:


(a) is equal to the part of the amount that is not applied; and


(b) relates to the RBA to which the amount was allocated.

SECTION 8AAZLB   METHOD 2 - APPLYING THE AMOUNT FIRST AGAINST A NON-RBA TAX DEBT  

8AAZLB(1)   [Application]  

The Commissioner may, in the manner he or she determines, apply the amount against a non-RBA tax debt of the entity or, if the entity is a member of an RBA group, against a non-RBA tax debt of another member of the group.

8AAZLB(2)   [Obligation]  

If the non-RBA tax debt is:


(a) a tax debt that has been allocated to an RBA; or


(b) general interest charge on such a tax debt;

the Commissioner must then also allocate the amount to that RBA.

8AAZLB(3)   [Excess non-RBA credit]  

To the extent that the amount is not applied under subsection (1), it gives rise to an excess non-RBA credit in favour of the entity that is equal to the part of the amount that is not applied.

8AAZLB(4)   [Balance adjusted]  

The excess non-RBA credit relates to the RBA (if any) that the Commissioner determines and the balance of that RBA is adjusted in the entity's favour by the amount of that credit.

8AAZLB(5)   Separate RBAs for one entity.  

If the non-RBA tax debt mentioned in subsection (1) has been allocated to 2 or more RBAs, the Commissioner must allocate the amount applied between those RBAs in the proportions in which the tax debt was allocated.

SECTION 8AAZLC   RBA SURPLUS AND RELATED CREDITS MUST REMAIN EQUIVALENT IF ONE OR THE OTHER IS APPLIED  

8AAZLC(1)   RBA surpluses.  

If an RBA surplus is allocated or applied under this Division, the Commissioner must reduce by the same amount excess non-RBA credits that relate to the RBA.

8AAZLC(2)   Excess non-RBA credits.  

If, under this Division, an excess non-RBA credit that relates to an RBA (the related RBA ) is:


(a) allocated to an RBA; or


(b) applied against a non-RBA tax debt;

the related RBA is adjusted in the Commissioner's favour by the same amount.

SECTION 8AAZLD   8AAZLD   SPECIAL PRIORITY CREDITS  


If, under this Division, the Commissioner is to apply a credit that arises under Schedule 1 to this Act (the PAYG system), the Commissioner must apply it, whether under section 8AAZLA or 8AAZLB:


(a) (Repealed by No 56 of 2010)


(aa) first, against any compulsory repayment amount of the entity; and


(ab) then against any compulsory SSL repayment amount of the entity; and


(ac) then against any compulsory ABSTUDY SSL repayment amount of the entity; and


(ad) then against any compulsory TSL repayment amount of the entity; and


(b) then against any FS assessment debt of the entity;

before applying it against other non-RBA tax debts of the entity.

SECTION 8AAZLE   8AAZLE   INSTRUCTIONS TO COMMISSIONER NOT BINDING  


In doing anything under this Division, the Commissioner is not required to take account of any instructions of any entity.

Division 3A - Refunds of RBA surpluses and credits  

SECTION 8AAZLF   COMMISSIONER MUST REFUND RBA SURPLUSES AND CREDITS  

8AAZLF(1)   [Amount not allocated or applied]  

The Commissioner must refund to an entity so much of:


(a) an RBA surplus of the entity; or


(b) a credit (including an excess non-RBA credit) in the entity's favour;

as the Commissioner does not allocate or apply under Division 3.

8AAZLF(2)   Voluntary payments only to be refunded on request.  

However, the Commissioner is not required to refund an RBA surplus or excess non-RBA credit that arises because a payment is made in respect of an anticipated tax debt of an entity unless the entity later requests, in the approved manner, that the Commissioner do so.

8AAZLF(3)   [Refund]  

Onreceiving such a request, the Commissioner must refund so much of the amount as the Commissioner does not allocate or apply under Division 3.

8AAZLF(4)   Effect of refunding RBA surplus.  

If the Commissioner refunds an RBA surplus under this section, the Commissioner must reduce by the same amount excess non-RBA credits that relate to the RBA.

8AAZLF(5)   Effect of refunding credit that relates to an RBA.  

If, under this section, the Commissioner refunds an excess non-RBA credit that relates to an RBA, the RBA is adjusted in the Commissioner's favour by the same amount.

SECTION 8AAZLG   RETAINING REFUNDS UNTIL INFORMATION OR NOTIFICATION GIVEN  

8AAZLG(1)