Taxation Administration Act 1953
Part IIB inserted by No 11 of 1999.
Div 1 inserted by No 11 of 1999.
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.
Definition of " company " amended by No 92 of 2000.
compulsory ABSTUDY SSL repayment amount
has the same meaning as in the
Student Assistance Act 1973
.
Definition of " compulsory ABSTUDY SSL repayment amount " inserted by No 169 of 2015, s 3 and Sch 1 item 82, effective 1 January 2016.
compulsory repayment amount
has the same meaning as in the
Higher Education Support Act 2003
.
Definition of " compulsory repayment amount " inserted by No 150 of 2003, s 3 and Sch 2 item 152, effective 1 January 2004.
compulsory SSL repayment amount
has the same meaning as in Chapter
2AA
of the
Social Security Act 1991
.
Definition of " compulsory SSL repayment amount " inserted by No 169 of 2015, s 3 and Sch 1 item 83, effective 1 January 2016.
compulsory TSL repayment amount
has the same meaning as in the
Trade Support Loans Act 2014
.
Definition of " compulsory TSL repayment amount " inserted by No 82 of 2014, s 3 and Sch 1 item 8, effective 18 July 2014.
compulsory VETSL repayment amount
has the same meaning as in the
VET Student Loans Act 2016
.
Definition of " compulsory VETSL repayment amount " inserted by No 116 of 2018, s 3 and Sch 1 item 47, effective 1 July 2019.
(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 ).
Definition of " credit " amended by No 38 of 2020, s 3 and Sch 2 item 9, by substituting para (a), effective 9 April 2020. Para (a) formerly read:
(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
Definition of " credit " amended by No 32 of 2014, s 3 and Sch 1 item 3, by omitting " , the Tax Bonus for Working Australians Act (No 2) 2009 " after " Product Grants and Benefits Administration Act 2000 " in para (a), effective 28 May 2014.
Definition of " credit " amended by No 6 of 2009, s 3 and Sch 1 item 6, by inserting " , the Tax Bonus for Working Australians Act (No 2) 2009 " after " the Product Grants and Benefits Administration Act 2000 " , effective 18 February 2009.
Definition of " credit " amended by No 150 of 2008, s 3 and Sch 1 item 6, by inserting " or Division 18 (refunds) of the A New Tax System (Luxury Car Tax) Act 1999 " after " Product Grants and Benefits Administration Act 2000 " in para (a), applicable to taxable supplies of luxury cars and taxable importations of luxury cars on or after 1 July 2008.
Definition of " credit " substituted by No 100 of 2006 , s 3 and Sch 1 item 3, applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006. The definition formerly read:
credit
includes an amount that the Commissioner must pay to a taxpayer under a taxation law (other than the Product Grants and Benefits Administration Act 2000 ), whether or not described as a credit.
Definition of " credit " amended by No 54 of 2003, inserted by No 179 of 1999.
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
.
Definition of " excess non-RBA credit " inserted by No 178 of 1999.
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.
Definition of " FS assessment debt " substituted by No 106 of 2000.
HEC assessment debt
(Repealed by No 56 of 2010)
Definition of " HEC assessment debt " repealed by No 56 of 2010, s 3 and Sch 6 item 27, effective 3 June 2010. The definition formerly read:
HEC assessment debt
has the same meaning as in Chapter 5A of the Higher Education Funding Act 1988 .
non-entity joint venture
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " non-entity joint venture " inserted by No 92 of 2000.
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.
Definition of " primary tax debt " amended by No 54 of 2003.
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.
Definition of " RBA deficit debt " substituted by No 178 of 1999.
RBA group
means a GST group under Division
48
of the
A New Tax System (Goods and Services Tax) Act 1999
.
Definition of " RBA group " inserted by No 92 of 2000.
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.
Definition of " RBA surplus " inserted by No 178 of 1999.
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.
(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.
S 8AAZA inserted by No 11 of 1999.
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