Commonwealth Consolidated Acts

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PETROLEUM RESOURCE RENT TAX ASSESSMENT ACT 1987 - SECT 72

Refund of overpaid amounts

  (1)   If, because of an amendment of an assessment, a person's liability (the earlier liability ) to tax or a related charge is reduced, the amount by which the tax or charge is so reduced is taken never to have been payable for the purposes of:

  (a)   section   85 (which applies the general interest charge); and

  (b)   Division   280 in Schedule   1 to the Taxation Administration Act 1953 (which applies the shortfall interest charge).

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

  (2)   The Commissioner must refund or apply the amount of any tax overpaid in accordance with Divisions   3 and 3A of Part   IIB of the Taxation Administration Act 1953 .

  (3)   However, if a later amendment of the assessment is made and all or some of the person's earlier liability in relation to a particular is reinstated, subsection   (1) is taken not to have applied, or not to have applied to the extent that the earlier liability is reinstated.

Note:   If the amendment of an assessment results in an increase in a person's tax liability, the person is liable to pay shortfall interest charge on the amount of the increase: see Division   280 in Schedule   1 to the Taxation Administration Act 1953 .



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