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 3
-
Collection, recovery and administration of other taxes
History
Ch 3 inserted by
No 73 of 2006
, s 3 and Sch 5 item 41, effective 1 July 2006.
PART 3-20
-
SUPERANNUATION
History
Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
PART 3-20
-
SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION
Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.
…
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent
[
28 June 2013].
Modification for certain notice provisions
(4)
Despite subitem (1), section 133-75 in Schedule 1 to the
Taxation Administration Act 1953
, as inserted, does not require the Commissioner to give a notice before 1 July 2014.
Division 133
-
Division 293 tax
History
Div 133 heading substituted by No 81 of 2016, s 3 and Sch 1 item 14, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
Division 133
-
Deferred payment
Div 133 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Subdivision 133-B
-
Debt account
History
Subdiv 133-B inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Operative provisions
SECTION 133-65
INTEREST ON DEBT ACCOUNT BALANCE
Interest to be debited at end of financial year
133-65(1)
If a debt account for a
*
superannuation interest is in debit at the end of a
*
financial year, the Commissioner is to debit the account for interest on the amount by which the account is in debit, calculated at the
*
long term bond rate for that financial year.
Note:
Interest would not be debited to a debt account that is no longer being kept by the Commissioner because the assessed Division 293 tax liability being tracked in the account has been finally discharged as mentioned in subsection
133-105(3)
.
Remission of interest
-
deferral reversal
133-65(2)
The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, from a debt account under subsection (1) if:
(a)
the debt account is credited:
(i)
under section
133-70
because of a
*
deferral reversal; or
(ii)
because a determination under section
133-10
is varied or revoked; and
(b)
the Commissioner is satisfied that, because of that credit, it would be fair and reasonable to do so.
Remission of interest
-
special circumstances
133-65(3)
The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, to a debt account under subsection (1) if the Commissioner is satisfied that, because special circumstances exist, it would be fair and reasonable to do so.
History
S 133-65 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.