Victorian Current Acts

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TAXATION ADMINISTRATION ACT 1997 - SECT 49

Arrangements for payment of tax

    (1)     The Commissioner may extend the time for payment of tax by a taxpayer and may accept the payment of tax by instalments.

    (2)     A decision of the Commissioner under this section may be made subject to such conditions (for example, as to the payment of interest) as the Commissioner may determine.

S. 49(3) inserted by No. 79/2000 s. 285(Sch. 1 item 6.5).

    (3)     If—

        (a)     the Commissioner extends the time for the payment of tax, being duty payable on an instrument; and

        (b)     the instrument is not stamped before the end of the extension period—

the instrument may be stamped on payment of the unpaid duty and any applicable interest and penalty tax.

S. 49(4) inserted by No. 79/2000 s. 285(Sch. 1 item 6.5).

    (4)     If the Commissioner accepts the payment of duty on an instrument by instalments, the instrument is not taken to be duly stamped until the total duty payable on the instrument has been paid.

S. 49(5) inserted by No. 79/2000 s. 285(Sch. 1 item 6.5).

    (5)     In this section, a reference to an instrument includes a reference to a statement or return that records matters in respect of which duty is chargeable.

S. 49(6) inserted by No. 23/2010 s. 25. substituted by No. 52/2021 s. 87.

    (6)     This section does not apply in respect of—

        (a)     the payment of a contribution imposed under Part 9B of the Planning and Environment Act 1987 ; or

        (b)     the payment of any windfall gains tax that has been deferred under Part 4 of the Windfall Gains Tax Act 2021 .

S. 49A inserted by No. 79/2001 s. 15.



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