A New Tax System (Family Assistance) (Administration) Act 1999

PART 9 - OTHER MATTERS  

SECTION 226   Setting off family assistance entitlement against tax liability  

226(1)    
If:

(a) a person is entitled to an amount of family assistance (other than child care subsidy or additional child care subsidy); and

(b) the person is liable for an amount of primary tax;

the Commissioner of Taxation may determine that the whole or a part of the entitlement is to be set off against the liability.

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History

S 226(1) amended by No 22 of 2017, s 3 and Sch 1 item 213, by substituting " subsidy or additional child care subsidy " for " benefit " in para (a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.

226(2)    
If the Commissioner of Taxation does so:

(a) the amount of the entitlement and the amount of the liability are reduced accordingly; and

(b) the person is taken to have paid so much of the amount of the tax as is equal to the amount set off against the tax liability at the time when the Commissioner sets off the amount or at any earlier time that the Commissioner determines.

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History

S 226(2) amended by No 45 of 2000, s 3 Sch 2 item 143, by substituting para (b), effective 1 July 2000. For transitional provisions see note under s 69. Para (b) formerly read:

(b) the person is taken to have paid the amount credited by the Commissioner in payment of the tax at the time when the Commissioner credits the amount or at any earlier time that the Commissioner determines.

226(3)    
This section has effect in spite of anything in any other Act or any other law of the Commonwealth.

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