Taxation Administration Act 1953

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 .

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

credit
includes:

(a) an amount that the Commissioner must pay to a taxpayer under a taxation law, whether or not described as a credit, other than the following amounts:

(i) an amount paid under the Product Grants and Benefits Administration Act 2000 ;

(ii) an amount paid under Division 18 (refunds) of the A New Tax System (Luxury Car Tax) Act 1999 ;

(iii) an amount paid under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 to an entity, unless a determination of the Commissioner under section 8AAZAA specifies that the amount is a credit for the purposes of this subparagraph; 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(Repealed by No 178 of 1999)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(Repealed by No 56 of 2010)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.

Note:

An example of a secondary tax debt is an amount due to the Commonwealth under an order of a court made in a proceeding for recovery of 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.