PART 4
-
RECOVERY OF UNPAID SURCHARGE, GENERAL INTEREST CHARGE OR LATE PAYMENT PENALTY
History
Part 4 heading substituted by No 11 of 1999, s 3 and Sch 1 item 379, applicable in relation to amounts that are due to be paid on or after 1 July 1999.
Heading formerly read
"
Part 4
-
Recovery of unpaid surcharge, interest or late payment penalty
"
.
SECTION 16
PENALTY FOR NON-PAYMENT OF SURCHARGE
16(1)
Liability to pay general interest charge.
If an amount of surcharge payable by a taxpayer remains unpaid after the time by which it is due to be paid, the taxpayer is liable to pay the general interest charge on the unpaid amount.
Note:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
.
History
S 16(1) amended by
No 101 of 2006
, s 3 and Sch 2 item 1061, by omitting the reference to a repealed inoperative Division in the note, effective 14 September 2006. For application and saving provisions see the
CCH Australian Income Tax Legislation archive
.
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are due to be paid on or after 1 July 1999. S 16(1) formerly read:
16(1)
If an amount of surcharge, interest under section
13
or penalty payable under a previous application of this subsection, that is payable by a taxpayer remains unpaid after the time when it became due and payable, the taxpayer is liable to pay to the Commonwealth, for each day on which the amount remains unpaid, a penalty on the unpaid amount at such annual rate or rates as are provided for interest payments by section
214A
of the Income Tax Assessment Act.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(2)
General interest charge period.
The taxpayer 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 surcharge 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 surcharge;
(ii)
general interest charge on any of the surcharge.
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(2) formerly read:
16(2)
Late payment penalty on an amount of surcharge or on an amount of interest under section
13
is due and payable on the day after the day on which the amount of surcharge or interest became due and payable.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3)
(Repealed by Act No 11 of 1999)
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(3) formerly read:
16(3)
Late payment penalty on an amount of penalty payable under subsection (1) is due and payable on the day after the day on which that amount of penalty became due and payable.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3A)
(Repealed by Act No 11 of 1999)
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(3A) formerly read:
16(3A)
If judgment is given by, or entered in, a court for the payment of:
(a)
an amount of surcharge, interest or late payment penalty; or
(b)
an amount that includes an amount of surcharge, interest or late payment penalty;
the amount of surcharge, interest or late payment penalty is not taken, for the purposes of subsection (1), to have ceased to be due and payable merely because of the giving or entering of the judgment.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3B)
Commissioner
'
s right to sue not affected.
This section does not prevent the Commissioner from suing for the recovery of any unpaid surcharge, general interest charge or late payment penalty at any time after it becomes due and payable.
History
S 16(3B) amended by No 11 of 1999, s 3 and Sch 1 item 381, by substituting
"
general interest charge
"
for
"
interest
"
, applicable in relation to amounts that are to be paid on or after 1 July 1999.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(4)
(Repealed by Act No 11 of 1999)
History
S 16(4) repealed by No 11 of 1999, s 3 and Sch 1 item 382, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(4) formerly read:
16(4)
The Commissioner may remit the whole or part of an amount of late payment penalty.
Note: A refusal to remit late payment penalty is reviewable by the Administrative Appeals Tribunal (see section
20
).
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