***** Repealed 22 September 1999 *****
SECTION 13
LATE PAYMENT OF TAX
13(1)
[Liability to pay general interest charge]
If any of the recoupment tax which a person is liable to pay remains unpaid after the time by which it is due to be paid, the person is liable to pay the general interest charge on the unpaid amount.
Note:
The general interest charge is worked out under Division 1 of Part IIA of the
Taxation Administration Act 1953.
13(2)
[Extent of liability]
The person is liable to pay the general interest charge for each day in the period that:
(a)
started at the beginning of the day by which the recoupment tax was due to be paid; and
(b)
finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the recoupment tax;
(ii) general interest charge on any of the recoupment tax.
13(3)
[``additional tax'']
The amount of the general interest charge is taken to be
additional
tax
payable under this section.
13(4)
[Definition]
In this section:
recoupment tax
includes additional tax under Part VII of the Assessment Act as that
Part applies for the purposes of this Act.
History
S 13 substituted by No 11 of 1999, s 3 and Sch 1 item 375,
applicable in relation to amounts that are due to be paid on or after 1 July
1999. S 13 formerly read:
PENALTY FOR LATE PAYMENT OF TAX
13(1)
Notwithstanding section 207 of the Assessment
Act, if any
recoupment tax assessed under this Act remains unpaid after the time when it
became
due and payable or would, but for section 206 of the Assessment Act, have
become due
and payable, additional tax under this section shall be due and payable by
way of penalty
by the person liable to pay the recoupment tax at the rate of 20% per annum
on the
amount unpaid, computed from that time or, where, under section 206 of the
Assessment
Act, the Commissioner has granted an extension of time for payment of the
recoupment
tax or has permitted payment of the recoupment tax to be made by instalments,
from
such date as the Commissioner determines, not being a date prior to the date
on which
the recoupment tax was originally due and payable.
History
S 13(1) amended by No 123 of 1984.
13(2)
Where additional tax
is due and payable by a
person under this section in relation to an amount of recoupment tax and:
(a)
the Commissioner is satisfied that:
(i) the circumstances that contributed to the delay in payment of the recoupment
tax were not due to, or caused directly or indirectly by, an act or omission
of
the person; and
(ii) the person has taken reasonable action to mitigate, or mitigate the effects
of,
those circumstances;
(b)
the Commissioner is satisfied that:
(i) the circumstances that contributed to the delay in payment of the recoupment
tax were due to, or caused directly or indirectly by, an act or omission of
the
person;
(ii) the person has taken reasonable action to mitigate, or mitigate the effects
of,
those circumstances; and
(iii) having regard to the nature of those circumstances, it would be fair and
reasonable to remit the additional tax or part of the additional tax; or
(c)
the Commissioner is satisfied that there are special circumstances by reason
of
which it would be fair and reasonable to remit the additional tax or part of
the
additional tax,
the Commissioner may remit the additional tax or part of the
additional tax.
13(3)
In this section, ``recoupment tax''
includes
additional tax under Part VII of the Assessment Act in its application for
the purposes of
this Act.
History
S 13(3) inserted by No 123 of 1984.
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