Tax Laws Amendment (2008 Measures No. 3) Act 2008 (91 of 2008)

Schedule 2   Collection and administration of indirect taxes

Part 1   Overpayments of indirect tax and refunds

Taxation Administration Act 1953

5   At the end of section 105-50 in Schedule 1

Add:

(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.

(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.