TAXATION (INTEREST ON OVERPAYMENTS AND EARLY PAYMENTS) ACT 1983

PART IIB - INTEREST ON OVERPAYMENTS RESULTING FROM ASSESSMENTS  

SECTION 8F   INTEREST PERIOD - ORDINARY TAXPAYERS  

8F(1)   [Interest for period until notice of assessment issued]  

If subsection 8E(1) applies, the interest is payable on the excess mentioned in paragraph 8E(1)(d) for the period from the beginning of the 30th day after the day on which the person furnishes the return of income until the end of the day on which the notice of assessment is issued.

8F(2)   [Interest for period until post-notice crediting occurs]  

If subsection 8E(2) applies and subsection (3) of this section does not apply, the interest is payable on the excess mentioned in paragraph 8E(2)(d) for the period from the beginning of the day on which the notice of assessment is issued until the end of the day on which the post-notice crediting occurs.

8F(3)   [Payments made after notice of assessment issued and before post-notice crediting]  

If:


(a) subsection 8E(2) applies; and


(b) one or more payments have been made (including any taken to have been made because of the crediting or applying of any amount) of any amounts mentioned in subparagraphs 8E(1) (d)(i) to (v) (including those amounts as increased or decreased for any reason) after the notice of assessment is issued and before the post-notice crediting;

the interest is payable:


(c) on so much of the excess as is attributable to a particular payment mentioned in paragraph (b) - for the period from the beginning of the day on which the payment was made until the end of the day on which the post-notice crediting occurs; and


(d) on so much of the excess as is not attributable to payments mentioned in paragraph (b) - for the period from the beginning of the day on which the notice of assessment is issued until the end of the day on which the post-notice crediting occurs.

8F(4)   [Excess attributable to particular payment]  

For the purposes of subsection (3), but subject to subsection (5), the excess is attributable to a particular payment to the extent that it would be set off against that payment if it were set off in succession against each of the payments in the reverse of the order in which they were made.

8F(5)   [Payment to be disregarded]  

For the purposes of subsection (4), any payment is to be disregarded to the extent that:


(a) it consists of an amount on which interest is payable under section 9 ; or


(b) it has been taken into account in any previous application of subsection (4) of this section in relation to a post-notice crediting occurring before the current post-notice crediting.


 

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