Income Tax Assessment Act 1936

S 170BE repealed by No 161 of 2005, s 3 and Sch 2 item 5, applicable to things done on or after 1 January 2006. S 170BE formerly read:

SECTION 170BE EFFECT OF PRIVATE RULING ON WITHHOLDING TAX  
170BE(1)
In this section:

`objection decision '
and `taxation objection ' have the same meanings as in Part IVC of the Taxation Administration Act 1953 .

170BE(2)
Expressions used in this section have the same meanings as in section 170BA or 170BC .

170BE(3)
Subject to sections 170BF , 170BG and 170BH , if:

(a) there is a private ruling on the way in which an income tax law applies to a person in respect of a year of income in relation to an arrangement; and

(b) an amount of withholding tax is payable that exceeds what would have been payable if that law applied in the way ruled;

then:

(c) the Commissioner may not sue for the recovery of the amount of the excess; and

(d) the Commissioner must not serve on a person a notice that the excess is payable by the person; and

(e) if no taxation objection against the ruling has been lodged - the excess is remitted; and

(f) if:

(i) there was a taxation objection against the ruling; and

(ii) an objection decision about the taxation objection has been made; and

(iii) the period in which the objection decision may be appealed against or an application for the review of the objection decision may be made has ended; and

(iv) there has been neither such an appeal nor application or such an appeal or application has been withdrawn;

the excess is remitted.

S 170BE inserted by No 101 of 1992.