Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn 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.
"compulsory ABSTUDY SSL repayment amount" has the same meaning as in the Student Assistance Act 1973 .
"compulsory repayment amount" has the same meaning as in the Higher Education Support Act 2003 .
"compulsory SSL repayment amount" has the same meaning as in Chapter 2AA of the Social Security Act 1991 .
"compulsory TSL repayment amount" has the same meaning as in the Trade Support Loans Act 2014 .
"compulsory VETSL repayment amount" has the same meaning as in the VET Student Loans Act 2016 .
(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).
"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.
"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.
"non-entity joint venture" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"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.
"RBA" means a running balance account established under section 8AAZC.
"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.
"RBA group" means a GST group under Division 48 of the A New Tax System (Goods and Services Tax) Act 1999 .
"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.
"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.
"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.