SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 4
-
Generic assessment, collection and recovery rules
History
Ch 4 heading inserted by
No 73 of 2006
, s 3 and Sch 5 item 42, effective 1 July 2006.
PART 4-15
-
COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS
History
Pt 4-15 inserted by No 179 of 1999.
Division 263
-
Mutual assistance in the administration of foreign tax laws
History
Div 263 heading amended by No 64 of 2020, s 3 and Sch 3 item 132, by substituting
"
the administration of foreign tax laws
"
for
"
collection of foreign tax debts
"
, effective 1 July 2020.
Div 263 inserted by
No 100 of 2006
, s 3 and Sch 1 item 8, applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006.
Subdivision 263-A
-
Foreign revenue claims
History
Subdiv 263-A inserted by
No 100 of 2006
, s 3 and Sch 1 item 8, applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006.
Operative provisions
SECTION 263-35
AMENDING THE REGISTER ETC.
263-35(1)
The Commissioner may, with the agreement of the relevant competent authority, amend the Register to correct an error.
263-35(2)
The Commissioner may, with the agreement of the relevant competent authority:
(a)
remove from the Register the particulars of a *foreign revenue claim; or
(b)
reduce an amount to be recovered from a debtor under the claim.
263-35(2A)
To avoid doubt, the Commissioner may reduce an amount to be recovered from a debtor under paragraph (2)(b) without amending the Register.
History
S 263-35(2A) inserted by No 14 of 2009, s 3 and Sch 2 item 4, applicable to foreign revenue claims, the particulars of which are in the Register at 26 March 2009 or are entered in the Register after 26 March 2009.
263-35(3)
A debtor may, after receiving a copy of the particulars of a *foreign revenue claim entered in the Register, apply to the Commissioner in the *approved form to have those particulars removed from the Register.
263-35(4)
The Commissioner may, after considering the application, remove those particulars from the Register.
263-35(5)
If the Commissioner removes particulars of a *foreign revenue claim relating to the recovery of an amount from the Register under paragraph (2)(a) or subsection (4), the debtor is entitled to a credit for the purposes of Part
IIB
equal to the sum of:
(a)
the amount (as reduced by any previous application of subsection (6)); and
(b)
any *general interest charge for which the debtor is liable as a result of the foreign revenue claim.
Note:
How the credit is applied is set out in Part
IIB
.
History
S 263-35(5) substituted by No 14 of 2009, s 3 and Sch 2 item 5, applicable to foreign revenue claims, the particulars of which are in the Register at 26 March 2009 or are entered in the Register after 26 March 2009. S 263-35(5) formerly read:
263-35(5)
If the Commissioner removes particulars of a *foreign revenue claim relating to the recovery of an amount from the Register under paragraph (2)(a) or subsection (4), the debtor is taken never to have been liable to pay an amount (including any *general interest charge) as a result of the foreign revenue claim.
263-35(6)
If the Commissioner reduces the amount to be recovered from a debtor under a *foreign revenue claim under paragraph (2)(b), the debtor is entitled to a credit for the purposes of Part
IIB
equal to the amount of the reduction.
Note:
How the credit is applied is set out in Part
IIB
.
History
S 263-35(6) amended by No 14 of 2009, s 3 and Sch 2 item 6, by substituting
"
the debtor is entitled to a credit for the purposes of Part IIB equal to the amount of the reduction
"
for
"
the amount of the reduction is taken never to have been payable by the debtor
"
and inserting the note at the end, applicable to foreign revenue claims, the particulars of which are in the Register at 26 March 2009 or are entered in the Register after 26 March 2009.
S 263-35 (renumbered from s 363-35 by No 56 of 2010, s 3 and Sch 6 item 110) inserted by
No 100 of 2006
, s 3 and Sch 1 item 8, applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006.