Taxation Laws Amendment Act (No. 3) 1993 (118 of 1993)
Part 4 AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
Division 9 Amendments relating to dividend imputation
Subdivision B Amendments of the Principal Act
80 Insertion of new section
After section 160AQD of the Principal Act the following section is inserted in Division 3 of Part IIIAA:
Determination of estimated class B debit
"160AQDA.(1) If a company:
(a) has taken liability reduction action; or
(b) has paid an initial payment of tax under section 221AP;
the company may lodge an application with the Commissioner for:
(c) the determination of an estimated class B debit in relation to the liability reduction action or in relation to the payment of the initial payment of tax; or
(d) the determination of such an estimated class B debit in substitution for an earlier determination.
"(2) An estimated class B debit in relation to an initial payment of tax must relate to the refund of that payment under subsection 221AQ(3), 221AR(6) or 221AU(4).
"(3) The application must:
(a) be made before the termination time; and
(b) be in the approved form; and
(c) specify the amount of the estimated class B debit applied for.
"(4) The Commissioner:
(a) may determine an estimated class B debit not greater than the amount specified in the application; and
(b) must serve notice of any such determination on the company.
"(5) If:
(a) a company lodges an application with the Commissioner on a particular day (the 'application day'); and
(b) at the end of the 21st day after the application day, the Commissioner has neither:
(i) served notice of an estimated class B debit determination on the company; nor
(ii) refused to make an estimated class B debit determination;
the Commissioner is taken, on the 22nd day after the application day, to have:
(c) determined an estimated class B debit in accordance with the application; and
(d) served notice of the determination on the company.
"(6) A notice of an estimated class B debit determination has no effect if it is served after the termination time.".
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