History
S 105-50(3) inserted by No 91 of 2008. For further application provision see note under s 105-50(1).
S 105-50 repealed by No 39 of 2012, s 3 and Sch 1 item 259, effective 1 January 2017 and applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012. S 105-50 formerly read:
SECTION 105-50 TIME LIMIT ON RECOVERY BY THE COMMISSIONER
105-50(1)
Any unpaid *net amount, *net fuel amount or amount of *indirect tax (together with any relevant *general interest charge under this Act) ceases to be payable 4 years after it became payable by you.
History
S 105-50(1) amended by
No 91 of 2008
, s 3 and Sch 2 items 2 to 4, by inserting the subsection (1) number, by substituting
"
this Act
"
for
"
section 105-80
"
, and by omitting all the words after
"
it became payable by you
"
effective 1 July 2008. Act No 91 of 2008, Sch 2 item 16 contained the following application provision:
16 Application
(1)
The amendments made to section 105-50 of Schedule 1 to the
Taxation Administration Act 1953
by this Schedule apply in relation to an amount that:
(a)
is:
(i)
an unpaid net amount, net fuel amount or amount of indirect tax of a kind referred to in subsection 105-50(1) of Schedule 1 to that Act as amended by this Schedule; or
(ii)
an amount of excess of a kind referred to in subsection 105-50(2) of Schedule 1 to that Act as amended by this Schedule; or
(iii)
an amount of any relevant general interest charge under that Act that relates to an amount referred to in subparagraph (i) or (ii); and
(b)
became payable by you before the commencement of this Schedule;
unless, before that commencement, the Commissioner notified you in writing that the amount was payable.
…
(3)
To avoid doubt, this item does not prevent amendments made by this Schedule from applying to amounts that become payable, or entitlements that arise, on or after 1 July 2008.
The words after
"
it became payable by you
"
formerly read:
unless:
(a) within those 4 years the Commissioner has required payment of the amount by giving a notice to you; or
(b) the Commissioner is satisfied that the payment of the amount was avoided by fraud or evaded.
105-50(2)
If:
(a)
an amount was paid to you, or applied under Division 3 of Part IIB of this Act, as:
(i)
a refund in relation to a *net amount, *net fuel amount or amount of *indirect tax; or
(ii)
an amount of indirect tax that was overpaid or wrongly paid; and
(b)
that amount exceeded the amount (if any) that you were entitled to be paid, or to have applied under Division 3 of Part IIB of this Act;
the amount of the excess (together with any relevant *general interest charge under this Act) ceases to be payable 4 years after it became payable by you.
History
S 105-50(2) inserted by
No 91 of 2008
, s 3 and Sch 2 item 5, effective 1 July 2008. For further application provision see note under s 105-50(1).
105-50(3)
However, subsection (1) does not apply to an amount, and subsection (2) does not apply to an amount of an excess, if:
(a)
within those 4 years the Commissioner has required payment of the amount or the amount of excess by giving a notice to you; or
(b)
the Commissioner is satisfied that:
(i)
the payment of the amount was avoided by fraud or evaded; or
(ii)
the payment of the amount of excess, or its application under Division 3 of Part IIB of this Act, was brought about by fraud or evasion.
History
S 105-50(3) inserted by
No 91 of 2008
, s 3 and Sch 2 item 5, effective 1 July 2008. For further application provision see note under s 105-50(1).
Sunsetting provision
105-50(4)
This section applies in relation to payments and refunds that:
(a)
relate to *tax periods, and *fuel tax return periods, that start before 1 July 2012; or
(b)
do not relate to any tax periods or fuel tax return periods, but relate to liabilities or entitlements that arose before 1 July 2012.
Note:
This section will be repealed on 1 January 2017: see Part 2 of Schedule 1 to the
Indirect Tax Laws Amendment (Assessment) Act 2012
.
History
S 105-50(4) inserted by No 39 of 2012, s 3 and Sch 1 item 235, effective 1 July 2012.
S 105-50 inserted by
No 73 of 2006
, s 3 and Sch 5 item 41, applicable to a decision made before or after 1 July 2006.
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