Income Tax Assessment Act 1936
(Repealed by No 8 of 2019)
View history note
Hide history noteS 163B repealed by No 8 of 2019, s 3 and Sch 8 item 32, effective 1 April 2019. S 163B formerly read:
the person is liable to pay the general interest charge on the amount in subsection (2) and the amount of the charge is taken to be
additional tax
payable under this section. The general interest charge is worked out under Division 1 of Part IIA of the
Taxation Administration Act 1953
.
SECTION 163B LATE LODGMENT OF RETURNS BY PERSONS OTHER THAN RELEVANT ENTITIES, INSTALMENT TAXPAYERS AND FULL SELF-ASSESSMENT TAXPAYERS
163B(1)
If:
(a)
a person (other than a relevant entity, an instalment taxpayer or a full self-assessment taxpayer) is required to furnish a return under section 161, 162 or 163 in relation to a year of income; and
(b)
the return is not furnished within:
(i)
in the case of section 161
-
the period specified in the notice under that section or any further period allowed by the Commissioner under that section; or
(ii)
in the case of section 162 or
163
-
the time required by the Commissioner under that section; and
(c)
an assessment (other than an amended assessment) is made of the income tax payable by the person for the year of income (whether or not on the basis of a return that is later furnished by the person);
Note:
S 163B(1)(a) amended by No 179 of 1999.
S 163B(1) amended by No 11 of 1999.
163B(1A)
The person is liable to pay the general interest charge for each day in the period that:
(a) started at the beginning of the day by which the return was required to be furnished; and
(b) finishes at the end of the day before the return is furnished, or the day before the Commissioner made the assessment, whichever is earlier.
S 163B(1A) inserted by No 11 of 1999.
163B(2) Amount on which additional tax payable.
The additional tax is payable on the lesser of:
(a) the amount of income tax payable under the assessment (after allowing any rebate or deduction under subsection 100(2) and before any crediting, applying or other payment); and
(b) the person's net tax payable (see subsection (3)).
163B(3) Meaning of net tax payable.
The person's net tax payable is the amount worked out using the formula:
| Tax liabilities - Crediting amounts and payments on account |
Tax liabilities
means the sum of the following amounts (worked out disregarding any payment on account of the amounts):
(a) income tax payable under the assessment (after allowing any rebate or deduction under subsection 100(2) and before allowing any crediting, applying or refunding, notified in the notice of assessment, of an income tax crediting amount);
(b) additional tax for the year of income payable by the person under Part VII immediately before any such crediting, applying or refunding;
(c) interest for the year of income payable by the person under section 102AAM immediately before any such crediting, applying or refunding;
(d) an HEC assessment debt or compulsory repayment amount notified in the notice of assessment;
(e) an FS assessment debt notified in the notice of assessment;
Crediting amounts and payments on account
means the sum of:
(a) any income tax crediting amounts notified in the notice of assessment; and
(b) any payments made on account of the amounts in paragraphs (a) to (e) of the definition of Tax liabilities .
S 163B(3) amended by No 150 of 2003.
163B(4)
(Repealed by No 11 of 1999)
163B(5)
(Repealed by No 178 of 1999)
163B(6)
(Repealed by No 178 of 1999)
163B(7)
(Repealed by No 11 of 1999)
Collection etc of additional tax
163B(8)
Former sections 204, 205, 206, 215, 216, 258 and 259, and sections 254 and 255, apply to additional tax payable under this section in the same way as they apply to income tax.
S 163B(8) substituted by No 79 of 2010, s 3 and Sch 1 item 22, effective 1 July 2010. S 163B(8) formerly read:
Income tax or tax includes additional tax
163B(8)
Unless the contrary intention appears, in sections 204, 205, 206, 215, 216, 254, 255, 258 and 259, but not in any other section of this Act, a reference to income tax or tax includes a reference to the additional tax.
S 163B(8) amended by No 67 of 2003, No 178 and No 11 of 1999.
163B(9) Minimum amount.
If less than $20 of additional tax is payable under this section, the additional tax is taken to be $20.
163B(10) Definitions.
In this section:
compulsory repayment amount
has the same meaning as in the
Higher Education Support Act 2003
.
Definition of " compulsory repayment amount " inserted by No 150 of 2003.
FS assessment debt
means an FS assessment debt under:
(a) subsection 19AB(2) of the Social Security Act 1991 ; or
(b) the Student Assistance Act 1973 as in force at a time on or after 1 July 1998.
Definition of " FS assessment debt " amended by No 106 of 2000 and inserted by No 45 of 1998.
HEC assessment debt
has the same meaning as in Chapter 5A of the
Higher Education Funding Act 1988
.
Definition of " HEC assessment debt " inserted by No 45 of 1998.
income tax crediting amount
, in relation to the income tax payable by a person for a year of income, means an amount of a credit applied under Division 3 of Part IIB of the
Taxation Administration Act 1953
against the income tax.
Definition of " income tax crediting amount " amended by No 178 and No 11 of 1999 and No 85 of 1998.
instalment taxpayer
has the same meaning as in former Division 1C of Part VI.
Definition of " instalment taxpayer " amended by No 79 of 2010, s 3 and Sch 1 item 23, by inserting " former " before " Division 1C " , effective 1 July 2010.
relevant entity
has the same meaning as in former Division 1B of Part VI.
Definition of " relevant entity " amended by No 79 of 2010, s 3 and Sch 1 item 24, by inserting " former " before " Division 1B " , effective 1 July 2010.
163B(11)
This section does not apply to a return for the 2000-01 year of income or a later year of income.
Note:
See instead Division 286 in Schedule 1 to the Taxation Administration Act 1953 .
S 163B(11) inserted by No 91 of 2000.
S 163B inserted by No 169 of 1995.
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