PART 3
-
ASSESSMENT AND COLLECTION OF SURCHARGE AND ADVANCE INSTALMENTS
SECTION 21
PAYMENT OF THE GENERAL INTEREST CHARGE IF LIABILITY INCREASED BY AN AMENDMENT OF AN ASSESSMENT
21(1)
[Liability to pay general interest charge]
If an amendment of an assessment increasing a person's liability to pay surcharge for a financial year is made, the person is liable to pay the general interest charge on the amount of the increase 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 amended assessment is made.
Note:
The general interest charge is worked out under Part
IIA
of the
Taxation Administration Act 1953
.
History
S 21(1) amended by
No 101 of 2006
, s 3 and Sch 2 item 1046, by omitting the reference to a repealed inoperative Division in the note, effective 14 September 2006.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 21(1) and (2) substituted by s 21(1) by No 11 of 1999, s 3 and Sch 1 item 311, 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 21(1) formerly read:
21(1)
If an amendment of an assessment increasing a person's liability to pay surcharge is made, the person must pay interest to the Commonwealth, calculated in accordance with subsection (2), on the amount of the increase.
21(2)
(Repealed by Act No 11 of 1999)
History
S 21(1) and (2) substituted by s 21(1) by No 11 of 1999, s 3 and Sch 1 item 311, 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 21(2) formerly read:
21(2)
Interest payable by a person under subsection (1) as a result of an amended assessment (the
current amended assessment
) of surcharge on a member's surchargeable contributions for a financial year 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 current amended 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.
21(3)
Amendment of nil assessment.
If:
(a)
the Commissioner has calculated that no surcharge is payable by a person on a member's surchargeable contributions for a financial year; and
(b)
the Commissioner afterwards makes an assessment of surcharge payable by the person on those contributions for the financial year;
the assessment referred to in paragraph (b) is taken to be an amended assessment.
21(4)
(Repealed by Act No 11 of 1999)
History
S 21(4) repealed by No 11 of 1999, s 3 and Sch 1 item 312, 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 21(4) formerly read:
21(4)
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.
21(5)
(Repealed by Act No 11 of 1999)
History
S 21(5) repealed by No 11 of 1999, s 3 and Sch 1 item 312, 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 21(5) formerly read:
21(5)
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 was given) as the due date for payment of the interest;
and the amount is due and payable on that date.
21(6)
(Repealed by Act No 11 of 1999)
History
S 21(6) repealed by No 11 of 1999, s 3 and Sch 1 item 312, 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 21(6) formerly read:
21(6)
Commissioner may remit interest.
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
).