Income Tax Assessment Act 1936

Div 19 repealed by No 143 of 2007 , s 3 and Sch 1 item 66, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. For savings provisions, see note under s 559A .

No 143 of 2007 , s 3 and Sch 1 Part 6 contains the following application provision, effective 24 September 2007:

224 Application rule for credits arising under the International Tax Agreements Act 1953  
224(1)
Despite the repeal of Division 19 of Part III of the Income Tax Assessment Act 1936 , that Division continues to apply, after the commencement of this item, in relation to:

(a) a determination made by a person under the Division before the commencement of this item; or

(b) a credit to which the Division applied before the commencement of this item;

as if the repeal had not happened.

224(2)
The Commissioner may make determinations under that Division as it so continues to apply.

224(3)
Section 24 of the International Tax Agreements Act 1953 , as inserted, applies from the commencement of this item in relation to any income year.

Div 19 inserted by No 18 of 1960.

S 160AN repealed by No 143 of 2007 , s 3 and Sch 1 item 66, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. For savings provisions, see note under s 559A . S 160AN formerly read:

SECTION 160AN APPLICATION OF CREDITS  
160AN(1)
The amount of a credit is a debt due and payable to the person entitled to the credit by the Commissioner on behalf of the Commonwealth.

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History

S 160AN(1) amended by No 11 of 1999.

160AN(1A)
(Omitted by No 80 of 1975)

160AN(2)
(Repealed by No 11 of 1999)

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S 160AN(2) repealed by No 11 of 1999; amended by No 73 of 1989; No 87 of 1978; No 80 of 1975; and No 94 of 1961.

160AN(3)
If, under Division 3 of Part IIB of the Taxation Administration Act 1953 , the Commissioner has applied an amount of credit in discharge of a liability of a person to the Commonwealth, that person shall be deemed to have paid the amount so applied for the purpose for which, and at the time at which, it has been so applied.

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S 160AN(3) amended by No 178 of 1999; No 11 of 1999; and No 108 of 1981.

160AN(3A)
Subsection (3) does not apply for the purposes of Division 205 of the Income Tax Assessment Act 1997 (which deals with franking accounts).

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S 160AN(3A) amended by No 23 of 2005; inserted by No 216 of 1991.

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Archived:

S 160AN(4) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 152, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .

160AN(5)
Where, by reason of an amendment of a determination made under this Division, the amount, or the sum of the amounts, applied or paid by the Commissioner as a credit to which a person is entitled exceeds the amount of the credit to which that person is entitled, the Commissioner may recover the amount of the excess as if it were Australian tax due and payable by that person.

160AN(6)
(Omitted by No 123 of 1984)