Commonwealth Numbered Acts

TAXATION (INTEREST ON OVERPAYMENTS) ACT 1983No. 12, 1983 - SECT 9

PART III-ENTITLEMENT TO INTEREST
9. (1) Subject to sections 11 and 12, where-

   (a)  an amount of relevant tax is paid by a person to the Commissioner (in
this sub-section referred to as the ''amount paid''); and

   (b)  as a result of a decision to which this Act applies, the whole or a
        part of the amount paid is overpaid by the person and is refunded to
        the person or applied against any liability of the person to the
        Commonwealth, interest calculated in accordance with sub-sections (2)
        and (3) and section 10 is payable to the person in respect of-

   (c)  in a case where the whole of the amount paid is so refunded or
        applied-the amount paid; or

   (d)  in a case where a part of the amount paid is so refunded or
        applied-the part of the amount paid so refunded or applied.

(2) Where an amount of relevant tax has, whether by agreement or otherwise,
been paid by a person to the Commissioner in instalments, each instalment
shall, for the purposes of sub-section 10 (1), be treated as a separate amount
of relevant tax paid by the person to the Commissioner.

(3) Where-

   (a)  an amount of relevant tax has, whether by agreement or otherwise, been
        paid by a person to the Commissioner in instalments; and

   (b)  as a result of a decision to which this Act applies, a part only of
        the amount of relevant tax is overpaid by the person and is refunded
        to the person or applied against any liability of the person to the
        Commonwealth, the amount so refunded or applied shall, for the
        purposes of sub-section 10 (1), be attributed to the instalments in
        reverse order to the order in which the instalments were paid to the
        Commissioner.

(4) Where the Commissioner applies an amount that has been paid to him by a
person against the liability of another person to pay an amount of relevant
tax, the other person shall, for the purposes of this Act, be deemed to have
paid to the Commissioner, to the extent of the amount so applied and on the
day on which the amount is so applied, the amount of relevant tax.

(5) Where-

   (a)  an amount of provisional tax paid by a person to the Commissioner in
        respect of income of a year of income (in this sub-section referred to
        as the
''relevant year of income'') is credited or refunded by the Commissioner under
sub-section 221YE (1) of the Income Tax Assessment Act 1936;

   (b)  interest is payable to the person under this Act in respect of an
        amount of income tax refunded to the person, or applied against any
        liability of the person to the Commonwealth, as a result of a
        decision to which this Act applies in relation to an assessment of
        income tax in respect of the year of income next preceding the
        relevant year of income; and

   (c)  the amount of provisional tax, or a part of the amount of provisional
        tax, would, if it had not been so credited or refunded by the
        Commissioner, have been refunded to the person, or applied against any
        liability of the person to the Commonwealth, as a result of the
        decision, the amount of provisional tax or the part of the amount of
        provisional tax, as the case may be, shall, for the purposes of this
        Act, be deemed to have been refunded to the person as a result of the
        decision on the day on which the amount of provisional tax was so
        credited or refunded.