INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART IIIAA - FRANKING OF DIVIDENDS  

Division 1 - Interpretation  

SECTION 160APBD   REFUND OF COMPANY TAX INSTALMENT OR COMPANY TAX  

160APBD(1)   [``refund'']  

For the purposes of this Part, a company receives a refund of a company tax instalment or company tax if and only if:

(a) either:

(i) the company receives an amount as a refund; or

(ii) the Commissioner applies a credit, or an RBA surplus, against a liability or liabilities of the company; and

(b) the refund of the amount, or the application of the credit, represents in whole or in part a return to the company of an amount paid or applied to satisfy the company's liability to pay the company tax instalment or company tax.

160APBD(2)   [Amount of refund]  

The amount of the refund is so much of the amount refunded or applied as represents the return referred to in paragraph (1)(b).

160APBD(3)   [Not refunds]  

The following are not refunds of a company tax instalment or company tax for the purposes of this Part:

(a) a refund to the extent to which it is referable to a PAYG instalment variation credit;

(b) the application of a PAYG instalment variation credit against a liability of the company.