SALES TAX PROCEDURE ACT 1934 (Repealed)

SECTION 12B   REMISSION OF TAX UNPAID AFTER THREE YEARS  

12B(1)  [Commissioner may remit]  

Where tax (not being tax paid prior to the commencement of this section) in respect of any transaction, act or operation, effected or done in relation to any goods has not been paid at the expiration of a period of three years from -

(a)  where the tax is payable in respect of the importation of those goods - the date of the entry of those goods for home consumption; or

(b)  in any other case - the close of the month in which the transaction, act or operation was effected or done,

the Commissioner may remit that tax unless he -

(c)  has required payment of the tax prior to the expiration of that period; or

(d)  is satisfied that the payment of the tax was avoided by fraud or evasion.

12B(2)  [Appropriation of part payments]  

For the purposes of this section, the payment (whether before or after the commencement of this section) of any amount in part satisfaction of tax payable in respect of several transactions, acts or operations shall, unless otherwise appropriated by, or with the concurrence of, the Commissioner, be appropriated in satisfaction of the tax payable in respect of transactions, acts or operations in the order of time in which those transactions, acts or operations, were effected or done.

12B(3)  [Service of notice]  

For the purposes of this section the Commissioner shall be deemed to have required payment of tax if he, or an officer acting on his behalf, has served upon any person a notice in writing specifying that an amount of tax is payable by that person in respect of -

(a)  the transaction, act or operation specified in sub-section (1) of this section; or

(b)  any transactions, acts or operations which include the transaction, act or operation specified in that sub-section.

12B(4)  [Definition of ``tax'']  

For the purposes of this section ``tax'' includes any further tax payable under any Sales Tax Assessment Act and any additional tax for which the person is liable under this Act or under any Sales Tax Assessment Act.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.