Division 3 - Provisional tax  

Subdivision B - Provisional tax avoidance schemes  


221YHAAE(1)   [Objection against notice]  

A taxpayer who is dissatisfied with a notice served on the taxpayer under paragraph 221YHAAC(1)(c) or 221YHAAD(1)(c) may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .


221YHAAE(3)   [Effect of pending appeal or review]  

The fact that an appeal or review relating to an objection under subsection (1) is pending does not affect the operation of a notice referred to in that subsection.

221YHAAE(4)   [Provisional tax reduced following decision on objection]  

Where, by reason of a decision of the Commissioner, of the Tribunal or of a court in relation to an objection made under subsection (1), a person's liability to provisional tax is reduced:

(a) the amount by which the provisional tax is so reduced shall be taken, for the purposes of the general interest charge under sections 221YD and 221YDB , never to have been payable; and

(b) the Commissioner shall:

(i) refund the amount of any provisional tax overpaid; or

(ii) apply the amount of any provisional tax overpaid against any liability of the person to the Commonwealth, being a liability arising under, or by virtue of, an Act of which the Commissioner has the general administration, and refund any part of the amount not so applied.

The general interest charge is worked out under Division 1 of Part IIA of the Taxation Administration Act 1953 .

221YHAAE(5)   [Provisional tax instalment]  

In this section, ``provisional tax'' includes an instalment of provisional tax.


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