Income Tax Assessment Act 1936

Pt VA inserted by No 97 of 1988.

Div 8 inserted by No 8 of 2019, s 3 and Sch 7 item 1, effective 1 April 2019.

S 204(2A) inserted by No 8 of 2022, s 3 and Sch 8 item 39, applicable, from 4 April 2021, in relation to a tax file number issued before, on or after 4 April 2021.

S 204(3) amended by No 8 of 2022, s 3 and Sch 8 item 40, by substituting " , (2) or (2A) " for " or (2) " , applicable, from 4 April 2021, in relation to a tax file number issued before, on or after 4 April 2021.

S 204 inserted by No 141 of 2020, s 3 and Sch 4 item 126, effective 4 April 2021.

Former s 204 repealed by No 79 of 2010 , s 3 and Sch 1 item 2, effective 1 July 2010. No 79 of 2010 , s 3 and Sch 1 item 56, contains the following transitional provision:

56 Transitional provision  
56
Despite the repeal of section 204 of the Income Tax Assessment Act 1936 by this Schedule, that section (other than subsection 204(3) ) continues to apply, from 1 July 2010, to income tax or shortfall interest charge to which Division 5 of the Income Tax Assessment Act 1997 , as inserted by this Schedule, does not apply.

S 204 formerly read:

SECTION 204 WHEN TAX PAYABLE  
204(1)
Subject to the provisions of this Part, the tax payable by a taxpayer other than a full self-assessment taxpayer for a year of income becomes due and payable:

(a) if the taxpayer's return of income is lodged on or before the due date for lodgment - on the later of:

(i) 21 days after the due date for lodgment of that return specified in the Gazette under section 161 for the year of income; or

(ii) 21 days after a notice of assessment is given to the taxpayer; or

(b) in any other case - 21 days after that due date for lodgment.

Note 1:

The Commissioner may defer the time at which the tax is, or would become, due and payable: see section 255-10 in Schedule 1 to the Taxation Administration Act 1953 .

Note 2:

The Commissioner may defer the due date for lodgment: see section 388-55 in that Schedule.

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S 204(1) substituted by No 91 of 2000.

204(1AA)
To avoid doubt, the reference in subparagraph (1)(a)(ii) to an assessment does not include a reference to an amended assessment.

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S 204(1AA) inserted by No 101 of 2004.

204(1A)
Subject to the provisions of this Part, the tax payable by a full self-assessment taxpayer for a year of income becomes due and payable as follows:

(a) if the taxpayer's year of income ends on 30 June - on 1 December of the following year of income or on such later date as the Commissioner allows by notice published in the Gazette ;

(b) if the taxpayer's year of income ends on a day other than 30 June - on the first day of the sixth month of the following year of income, or on such later date as the Commissioner allows by notice published in the Gazette .

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S 204(1A) inserted by No 179 of 1999.

204(2)
An amount of tax that a taxpayer is liable to pay because the Commissioner amends the taxpayer's assessment is due and payable on the 21st day after the day on which the Commissioner gives the taxpayer notice of the amended assessment.

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S 204(2), (2A) and (3) substituted for s 204(3) by No 75 of 2005.

Former s 204(2) repealed by No 91 of 2000.

S 204(2) inserted by No 123 of 1984.

204(2A)
An amount of shortfall interest charge that a taxpayer is liable to pay is due and payable on the 21st day after the day on which the Commissioner gives the taxpayer notice of the amount of the charge.

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S 204(2), (2A) and (3) substituted for s 204(3) by No 75 of 2005.

204(3)
If any of the tax or shortfall interest charge which a person is liable to pay remains unpaid after the time by which the tax or charge is due to be paid, the person is liable to pay the general interest charge on the unpaid amount for each day in the period that:

(a) started at the beginning of the day by which the tax or shortfall interest charge 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 tax or shortfall interst charge;

(ii) general interest charge on any of the tax or shortfall interest charge.

Note 1:

The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953 , and the shortfall interest charge is worked out under Division 280 in Schedule 1 to that Act.

Note 2:

For provisions about collection and recovery of income tax and related amounts, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

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S 204(3) amended by No 101 of 2006 , s 3 and Sch 2 item 1029, by omitting the reference to a repealed inoperative division, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .

S 204(2), (2A) and (3) substituted for s 204(3) by No 75 of 2005.

S 204(3) amended by No 44 of 2000 and inserted by No 11 of 1999.

Former s 204 amended by No 108 of 1981 and No 43 of 1954, and substituted by No 65 of 1940.