PART 3
-
ASSESSMENT AND COLLECTION OF SURCHARGE AND ADVANCE INSTALMENTS
SECTION 22
22
PAYMENT OF GENERAL INTEREST CHARGE IF SURCHARGE PAYABLE UNDER A FURTHER ASSESSMENT
If, under an assessment (the
new assessment
) made under subsection
15(1)
because of subsection
20(3)
, a person is liable to pay an amount of surcharge for a financial year, the person is liable to pay the general interst charge on that amount for each day in the period that:
(a)
started at the beginning of 15 June in the financial year; and
(b)
finishes at the end of the day before the new assessment is made.
Note:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
.
History
S 22 amended by
No 101 of 2006
, s 3 and Sch 2 item 1047, by omitting the reference to a repealed inoperative division in the note, effective 14 September 2006.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 22 substituted by No 11 of 1999, s 3 and Sch 1 item 313, applicable to the extent that the period for which the person is liable to pay the general interest charge occurs on or after 1 July 1999. S 22 formerly read:
PAYMENT OF INTEREST TO COMMONWEALTH IF SURCHARGE PAYABLE UNDER A FURTHER ASSESSMENT
22(1)
If, under an assessment (the
new assessment
) made under subsection 15(1) because of subsection
20(3)
, a person is liable to pay an amount of surcharge for a financial year, the person must pay interest to the Commonwealth, calculated in accordance with subsection (2), on that amount.
22(2)
Interest payable by a person under subsection (1) is to be calculated:
(a)
for the period:
(i)
starting on 15 June in the financial year; and
(ii)
ending on the day on which the new assessment is made; and
(b)
at such annual rate or rates of interest as are provided for by section
214A
of the Income Tax Assessment Act.
22(3)
If the amount of interest that would be payable under subsection (1) by a person on a member's surchargeable contributions is less than 50 cents, the interest is not payable.
22(4)
If a person is liable to pay interest under this section, the Commissioner must notify the person of:
(a)
the period for which the person is liable to pay the interest; and
(b)
the amount of the interest; and
(c)
a date (not earlier than 30 days after the day on which the notification is given) as the due date for payment of the interest;
and the amount is due and payable on that date.
22(5)
The Commissioner may remit the whole or part of any interest payable by a person under this section.
Note: A refusal to remit interest is reviewable by the Administrative Appeals Tribunal (see section
29
).