Taxation (Interest on Overpayments and Early Payments) Act 1983

No. 12, 1983

Compilation No.   58

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Taxation (Interest on Overpayments and Early Payments) Act 1983 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I—Preliminary 1

1 Short title 1

2 Commencement 1

3 Interpretation 1

3A Provision of correlative relief 5

3B Application of the Criminal Code 7

3C Meaning of relevant tax 7

Part II—Administration 10

4 General administration of Act 10

7 Annual report 10

Part IIA—Interest on early payments 11

8A Entitlement to interest 11

8B Interest period 12

8C Rate of interest 12

8D No double entitlement to interest 12

Part IIB—Interest on overpayments resulting from assessments 14

8E Entitlement to interest—ordinary taxpayers 14

8F Interest period—ordinary taxpayers 16

8G Entitlement to interest—full self-assessment taxpayers 18

8H Interest period—full self-assessment taxpayer 19

8I Rate of interest 21

8K Interpretation 21

Part IIC—Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 22

8L Interpretation 22

8M Entitlement to interest 22

8N Period of interest 22

8P Rate of interest 23

Part IIE—Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 24

8U Interpretation 24

8V Entitlement to interest 24

8W Period of interest 25

8X Rate of interest 25

Part IIF—Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 26

8Y Interpretation 26

8Z Entitlement to interest 26

8ZA Period of interest 27

8ZB Rate of interest 27

Part IIG—Interest on certain amounts of tax on no-TFN contributions income of superannuation providers 28

8ZC Interpretation 28

8ZD Entitlement to interest 28

8ZE Period of interest 29

8ZF Rate of interest 29

Part III—Interest on overpayments resulting from decisions to which this Act applies 30

9 Entitlement to interest 30

10 Amount of interest 33

11 Limit on overpayment of interest where correlative relief in respect of foreign income tax 34

Part IIIA—Interest on overpayments resulting from certain remissions and refunds 35

12A Entitlement to interest 35

12B Period of interest 36

12C Rate of interest 36

Part IIIAA—Delayed refund interest on running balance account (RBA) surpluses 37

12AA Entitlement to interest for RBA surpluses after notification of BAS amount or petroleum resource rent tax amount 37

12AB Entitlement to interest for RBA surpluses after request for remission 37

12AC Entitlement to interest for RBA surpluses after request for refund 38

12AD Period of interest for RBA surpluses 38

12AE Rate of interest for RBA surpluses 38

12AF Definitions 39

Part IIIB—Adjustment of interest 40

12D Interest to be in multiples of 1 cent 40

12E Small amounts of interest not to be paid 40

12F Adjustment where amount to be paid by, or refunded to, person does not exceed 49 cents 40

Part IV—Miscellaneous 41

15 Regulations 41

Endnotes 42

Endnote 1—About the endnotes 42

Endnote 2—Abbreviation key 44

Endnote 3—Legislation history 45

Endnote 4—Amendment history 56

An Act relating to the payment of interest in respect of certain overpayments and early payments of tax

 I Preliminary
1 Short title

This Act may be cited as the Taxation (Interest on Overpayments and Early Payments) Act 1983.
2 Commencement

This Act shall be deemed to have come into operation on 14 February 1983.
3 Interpretation 1

In this Act, unless the contrary intention appears:

Commissioner means the Commissioner of Taxation.

compulsory AASL repayment amount has the same meaning as in the Australian Apprenticeship Support Loans Act 2014.

compulsory ABSTUDY SSL repayment amount has the same meaning as in the Student Assistance Act 1973.

compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.

compulsory SSL repayment amount has the same meaning as in Chapter 2AA of the Social Security Act 1991.

compulsory VETSL repayment amount has the same meaning as in the VET Student Loans Act 2016.

decision to which this Act applies means:

 a

a decision of the Commissioner upon an objection; or

 b

a decision of the Tribunal or the Administrative Appeals Tribunal in relation to an objection; or

 c

a decision of a court in relation to:

 i

an objection; or

 ii

a decision of the kind referred to in paragraph (b); or

 caa

(caa) a decision under Subdivision 263-A (about foreign revenue claims) in Schedule 1 to the Taxation Administration Act 1953; or

 cab

(cab) in a case where the expression is used in relation to relevant tax of a kind referred to in item 91 of the table in Taxation Administration Act 1953; orsection 3C (Pay as you go withholding non-compliance tax)—a decision of the Commissioner under section 18-130 in Schedule 1 to the

Note: Section 18-130 in Schedule 1 to the Taxation Administration Act 1953 requires the Commissioner to give a notice to a director of a company if the Commissioner is satisfied of certain matters.

 ca

in a case where the expression is used in relation to relevant tax of a kind referred to in items 5 to 50 of the table in the Commissioner to amend an assessment made in relation to a taxpayer reducing the liability of the taxpayer to tax; orsection 3C—a decision of

caaa

(caaa) in a case where the expression is used in relation to relevant tax of a kind referred to in item 60 of the table in Private Health Insurance Act 2007; orsection 3C—a decision of the Commissioner to give a notice under subsection 282-18(4) of the

cb

(cb) in a case where the expression is used in relation to fringe benefits tax imposed by the Fringe Benefits Tax Act 1986—a decision of the Commissioner to amend an assessment made in relation to an employer reducing the liability of the employer to tax, other than:

 i

a decision to give effect to an application or request by or on behalf of the employer for an amendment of the assessment; or

 ii

a decision made in consequence of another decision of the Commissioner to amend another assessment (whether of or by the employer or of another person), being another decision that was made to give effect to an application or request by or on behalf of the employer or the other person, as the case may be, for the amendment of the other assessment; or

 d

in a case where the expression is used in relation to relevant tax of a kind referred to in item 120 of the table in the Commissioner to amend an assessment made in relation to a person reducing the liability of the person to relevant tax or other tax, other than:section 3C—a decision of

i

a decision to give effect to an application or request by or on behalf of the person for an amendment of the assessment; or

 ii

a decision made in consequence of another decision of the Commissioner to amend another assessment (whether of the person or of another person), being another decision that was made to give effect to an application or request by or on behalf of the person or the other person, as the case may be, for the amendment of the other assessment.

Deputy Commissioner means a Deputy Commissioner of Taxation.

diverted profits tax has the same meaning as in the Income Tax Assessment Act 1997.

double tax agreement means an agreement within the meaning of the International Tax Agreements Act 1953.

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.

 a

(a) subsection 19AB(2) of the Social Security Act 1991; or

 b

(b) the Student Assistance Act 1973 as in force at a time on or after 1 July 1998.

full self-assessment taxpayer has the same meaning as in subsection 6(1) of the Tax Act.

income tax means:

 a

income tax as defined in subsection 6(1) of the Tax Act; or

 b

Medicare Levy payable in accordance with Part VIIB of the Tax Act.

income tax crediting amount, in relation to income tax payable by a person for a year of income, means:

 a

any amount of a credit that does not arise under any of the following:

 i

(i) Income Tax Assessment Act 1997;Division 770 of the

ii

(ii) Taxation Administration Act 1953;section 131-65 in Schedule 1 to the

iii

(iii) the International Tax Agreements Act 1953; or

 b

any offset under former section 160AQK of the Tax Act; or

 c

any tax offset that is subject to the refundable tax offset rules.

Note 1: Income Tax Assessment Act 1997 lists the tax offsets that are subject to the refundable tax offset rules.Division 67 of the

Note 2: For credits that arise under Taxation Administration Act 1953, see subsection (3) of this section.section 18-170 or 18-175 in Schedule 1 to the

late payment interest, in respect of an amount, means interest payable solely to compensate for the time value of the amount.

objection means a taxation objection within the meaning of Part IVC of the Taxation Administration Act 1953.

person includes:

 a

a body politic; and

 b

a body corporate; and

 c

a partnership; and

 d

any other unincorporated association or body of persons.

provide correlative relief has the meaning given by section 3A.

relevant tax has the meaning given by section 3C.

Second Commissioner means a Second Commissioner of Taxation.

Tax Act means the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997.

Tribunal means the Administrative Review Tribunal.

year of income means year of income as defined in subsection 6(1) of the Tax Act.

 2

A reference in this Act to a liability of a person to the Commonwealth is a reference to a liability of a person to the Commonwealth arising under, or by virtue of, an Act of which the Commissioner has the general administration.

Credits under section 18-170 or 18-175 in Schedule 1 to the Taxation Administration Act 1953

 3

(3) To avoid doubt, for the purposes of this Act, a credit of an individual that arises under Taxation Administration Act 1953 relates to the income tax payable by the individual for the year of income in which the individual becomes entitled to the credit.section 18-170 or 18-175 in Schedule 1 to the

Note: Subdivision 18-D in Schedule 1 to the Taxation Administration Act 1953 provides that a director, or an associate of a director, of a company that does not comply with its obligations under Part 2-5 (Pay as you go (PAYG) withholding) must pay Pay as you go withholding non-compliance tax in certain circumstances. Sections 18-170 and 18-175 entitle the director or associate to a credit if the company subsequently complies with its obligations.
3A Provision of correlative relief 1

(1) For the purposes of this Act, a decision to which this Act applies is made to provide correlative relief for juridical double taxation in respect of the taxing of an amount under a law of a foreign country if:

 a

there is a double tax agreement applying to and the foreign country; and

 b

a provision of the double tax agreement has been prescribed, or the manner of operation of a provision of the double tax agreement has been prescribed, for the purposes of this paragraph; and

 c

the decision is made, or the applying of the income tax crediting amount takes place, in giving effect, or in circumstances that would enable effect to be given, to the provision mentioned in paragraph (b), or to that provision in its operation in the prescribed manner, as a result of the taxing of the amount under the law of the foreign country.

 1A

(1A) For the purposes of this Act, a decision to which this Act applies is made to provide correlative relief for economic double taxation if:

 a

(a) there is a double tax agreement applying to Australia and one of the following (a treaty partner):

 i

a foreign country or a constituent part of a foreign country;

 ii

an overseas territory; and

 b

the treaty partner taxes profits, or purports to tax profits, in accordance with, or consistent with the principles of:

 i

(i) if the treaty partner is the United Kingdom—Article 9 of the United Kingdom convention (within the meaning of the International Tax Agreements Act 1953); or

 ii

otherwise—a corresponding provision of another double tax agreement; and

Note: Article 9 of the United Kingdom convention deals with profits of associated enterprises.

 c

the decision is made in giving effect to subsection 24(3) of that Act.

 2

(2) For the purposes of this Act, a decision to which this Act applies is also made to provide correlative relief in respect of the taxing of an amount under a law of a foreign country (the primary foreign country) if:

 a

there is no double tax agreement applying to and the primary foreign country; and

 b

a provision of a double tax agreement applying to Australia and a foreign country other than the primary foreign country has been prescribed, or the manner of operation of a provision of such an agreement has been prescribed, for the purposes of this paragraph; and

 c

the decision is made in circumstances that would enable effect to be given to the provision mentioned in paragraph (b), or to that provision in its operation in the prescribed manner, as a result of the taxing of the amount under the law of the primary foreign country, if the double tax agreement had instead applied to Australia and the primary foreign country.
3B Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
3C Meaning of relevant tax

In this Act:

relevant tax means any of these:
Relevant taxes Relevant taxes
Item Type of tax
5 Tax as defined in subsection 6(1) of the Tax Act
15 General interest charge under former section 170AA of the Income Tax Assessment Act 1936
20 Shortfall interest charge under Division 280 in Schedule 1 to the Taxation Administration Act 1953
25 Interest under section 102AAM of the Tax Act
30 Diverted profits tax
45 Amounts that are treated under Subdivision 154-D of the Higher Education Support Act 2003 as if they were income tax
45A Amounts that are treated under Division 6 of Part 3A of the VET Student Loans Act 2016 as if they were income tax
46 Amounts that are treated under Part 2AA.5 of the Social Security Act 1991 as if they were income tax
47 Amounts that are treated under Division 6 of Part 2 of the Student Assistance Act 1973 as if they were income tax
48 Amounts that are treated under Part 3.3 of the Australian Apprenticeship Support Loans Act 2014 as if they were income tax
50 Amounts that are treated under section 12ZN of the Student Assistance Act 1973 as if they were income tax
55 Withholding tax as defined in subsection 6(1) of the Tax Act
60 Liabilities under section 282-18 of the Private Health Insurance Act 2007
80 An amount payable to the Commissioner under section 16-80 in Schedule 1 to the Taxation Administration Act 1953
85 An amount payable to the Commissioner under subsection 222AJA(3) of the Tax Act
90 An amount payable to the Commissioner under Subdivision 16-A (other than section 16-50) in Schedule 1 to the Taxation Administration Act 1953
91 Pay as you go withholding non-compliance tax
92 An amount payable to the Commissioner under Subdivision 263-A (about foreign revenue claims) in Schedule 1 to the Taxation Administration Act 1953
95 Trust recoupment tax, applied penalty tax or penalty tax, as defined in subsection 3(1) of the Trust Recoupment Tax Assessment Act 1985
110 Tax, or additional tax, referred to in subsection 93(1) of the Fringe Benefits Tax Assessment Act 1986
120 Tax within the meaning of subsection 85(1) of the Petroleum Resource Rent Tax Assessment Act 1987
145 Indirect tax within the meaning of subsection 995-1(1) of the Income Tax Assessment Act 1997
150 A penalty or charge payable under Subdivision 105-D in Schedule 1 to the Taxation Administration Act 1953
155 GST assessed under the A New Tax System (Goods and Services Tax) Act 1999
II Administration
4 General administration of Act

The Commissioner has the general administration of this Act.

Note: An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Taxation Administration Act 1953.Division 355 in Schedule 1 to the

7 Annual report 1

The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act.

 2

The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

 3

(3) For the purposes of Acts Interpretation Act 1901, a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June.section 34C of the

IIA Interest on early payments
8A Entitlement to interest 1

If:

 a

a person makes a payment of, or on account of:

 i

income tax; or

 ia

(ia) shortfall interest charge under Taxation Administration Act 1953; orDivision 280 in Schedule 1 to the

iia

compulsory repayment amount; or

 iiaa

compulsory VETSL repayment amount; or

 iib

compulsory SSL repayment amount; or

 iic

compulsory ABSTUDY SSL repayment amount; or

 iid

compulsory AASL repayment amount; or

 iii

FS assessment debt; or

 v

interest under section 102AAM of the Tax Act; or

 va

a penalty under former section 163A of the Tax Act; or

 vb

general interest charge under former section 163B, or former section 170AA, of the Tax Act; and

 b

(b) the payment is made more than 14 days before the day (the appropriate due day) on which the tax, debt, interest, amount or instalment concerned becomes due and payable;

interest is payable by the Commissioner to the person on the payment, calculated in respect of the period applicable under section 8B at the rate specified in section 8C.

 2

A reference in paragraph (1)(a) to a person making a payment of, or on account of:

 a

income tax; or

 ba

compulsory repayment amount; or

 baa

compulsory VETSL repayment amount; or

 bb

compulsory SSL repayment amount; or

 bc

compulsory ABSTUDY SSL repayment amount; or

 bd

compulsory AASL repayment amount; or

 c

FS assessment debt;

does not include a reference to the making of a deduction or payment under Part VI (other than Division 1) of the Tax Act.

 3

A reference in paragraph (1)(a) to a person making a payment of, or on account of, any thing listed in any of the subparagraphs of that paragraph does not include a reference to the person being deemed or taken, by the Tax Act or any other Act, to have paid the thing because of the crediting or applying of any relevant tax, income tax crediting amount or other payment.
8B Interest period 1

Subject to subsection (2), interest under section 8A is payable to a person for the period:

 a

if the person is not a full self-assessment taxpayer—from the beginning of the later of the following days:

 i

the day on which the payment is made;

 ii

the day on which the notice notifying the tax, debt, interest or instalment concerned is issued; and

 b

if the person is a full self-assessment taxpayer—from the beginning of the day on which the payment is made;

until the end of the appropriate due day.

 2

If the payment is to any extent refunded before the appropriate due day, interest is not payable on the payment to that extent in respect of any period after the day on which the refund takes place.
8C Rate of interest

Interest under section 8A is payable at the base interest rate (within the meaning of the Tax Act).
8D No double entitlement to interest

If:

 a

interest is payable under this Part on a payment in respect of a period; and

 b

interest is also payable under Part IIIA on the whole or part of the payment in respect of the whole or part of the period;

then interest is not payable under this Part on the whole or part of the payment in respect of the whole or part of the period.
IIB Interest on overpayments resulting from assessments
8E Entitlement to interest—ordinary taxpayers 1

If:

 a

a person who is not a full self-assessment taxpayer furnishes a return of income for a year of income; and

 b

an assessment is made of the income tax payable by the person for the year of income; and

 c

(c) the notice of assessment notifies that the Commissioner has credited, applied or refunded (which crediting, applying or refunding is the notice crediting) one or more income tax crediting amounts in relation to the income tax payable by the person for the year of income; and

 d

the sum of the income tax crediting amounts in paragraph (c) exceeds the sum of the following amounts:

 i

income tax payable under the assessment (after allowing any rebate, except a tax offset that is subject to the refundable tax offset rules, or deduction under subsection 100(2) of the Tax Act and before allowing any crediting, applying or other payment);

 iii

a compulsory repayment amount that is notified in the notice of assessment;

 iiiaa

a compulsory VETSL repayment amount that is notified in the notice of assessment;

 iiia

a compulsory SSL repayment amount that is notified in the notice of assessment;

 iiib

a compulsory ABSTUDY SSL repayment amount that is notified in the notice of assessment;

 iiic

a compulsory AASL repayment amount that is notified in the notice of assessment;

 iv

an FS assessment debt that is notified in the notice of assessment;

 iva

(iva) a liability under Private Health Insurance Act 2007 that is notified in the notice of assessment;section 282-18 of the

v

interest for the year of income payable by the person under section 102AAM of the Tax Act immediately before the notice crediting; and

 e

the notice crediting occurs more than 30 days or more after the day on which the person furnishes the return of income;

interest is payable by the Commissioner to the person on the excess mentioned in paragraph (d), calculated in respect of the period applicable under section 8F at the rate specified in section 8I.

Note: Income Tax Assessment Act 1997 lists the tax offsets that are subject to the refundable tax offset rules.Division 67 of the

2

If:

 a

a person who is not a full self-assessment taxpayer furnishes a return of income for a year of income; and

 b

an assessment is made of the income tax payable by the person for the year of income; and

 c

(c) after the notice of assessment is issued to the person, the Commissioner credits, applies or refunds (which crediting, applying or refunding is a post-notice crediting) one or more income tax crediting amounts in relation to the income tax payable by the person for the year of income; and

 d

the sum of the income tax crediting amounts in paragraph (c) exceeds the sum of the following amounts:

 i

income tax payable for the year of income by the person immediately before the post-notice crediting;

Note: This is the amount payable under the assessment for the year of income as reduced by any rebate, deduction under subsection 100(2) of the Tax Act, crediting, applying or other payment made before the post-notice crediting.

 iii

a compulsory repayment amount, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iiiaa

a compulsory VETSL repayment amount, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iiia

a compulsory SSL repayment amount, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iiib

a compulsory ABSTUDY SSL repayment amount, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iiic

a compulsory AASL repayment amount, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iv

an FS assessment debt, worked out by reference to the person’s taxable income of the year of income, payable by the person immediately before the post-notice crediting;

 iva

(iva) a liability under Private Health Insurance Act 2007, payable by the person immediately before the post-notice crediting;section 282-18 of the

v

interest for the year of income payable by the person under section 102AAM of the Tax Act immediately before the post-notice crediting;

interest is payable by the Commissioner to the person on the excess mentioned in paragraph (d), calculated in respect of the period applicable under section 8F at the rate specified in section 8I.
8F Interest period—ordinary taxpayers 1

If subsection 8E(1) applies, the interest is payable on the excess mentioned in paragraph 8E(1)(d) for the period from the beginning of the 30th day after the day on which the person furnishes the return of income until the end of the day on which the notice of assessment is issued.

 2

If subsection 8E(2) applies and subsection (3) of this section does not apply, the interest is payable on the excess mentioned in paragraph 8E(2)(d) for the period from the beginning of the day on which the notice of assessment is issued until the end of the day on which the post-notice crediting occurs.

 3

If:

 a

subsection 8E(2) applies; and

 b

one or more payments have been made (including any taken to have been made because of the crediting or applying of any amount) of any amounts mentioned in subparagraphs 8E(1)(d)(i) to (v) (including those amounts as increased or decreased for any reason) after the notice of assessment is issued and before the post-notice crediting;

the interest is payable:

 c

on so much of the excess as is attributable to a particular payment mentioned in paragraph (b)—for the period from the beginning of the day on which the payment was made until the end of the day on which the post-notice crediting occurs; and

 d

on so much of the excess as is not attributable to payments mentioned in paragraph (b)—for the period from the beginning of the day on which the notice of assessment is issued until the end of the day on which the post-notice crediting occurs.

 4

For the purposes of subsection (3), but subject to subsection (5), the excess is attributable to a particular payment to the extent that it would be set off against that payment if it were set off in succession against each of the payments in the reverse of the order in which they were made.

 5

For the purposes of subsection (4), any payment is to be disregarded to the extent that:

 a

it consists of an amount on which interest is payable under section 9; or

 b

it has been taken into account in any previous application of subsection (4) of this section in relation to a post-notice crediting occurring before the current post-notice crediting.
8G Entitlement to interest—full self-assessment taxpayers 1

If:

 a

a person who is a full self-assessment taxpayer furnishes a return of income for a year of income; and

 b

(b) after the person furnishes the return, the Commissioner credits, applies or refunds (which crediting, applying or refunding is the first crediting) one or more income tax crediting amounts in relation to the income tax payable by the person for the year of income; and

 c

the Commissioner has not previously credited, applied or refunded any income tax crediting amount in relation to the income tax payable by the person for the year of income; and

 d

the sum of the income tax crediting amounts in paragraph (b) exceeds the sum of the following amounts:

 i

income tax payable by the person for the year of income (after allowing any rebate, except a tax offset that is subject to the refundable tax offset rules, or deduction under subsection 100(2) of the Tax Act and before any crediting, applying or other payment);

 iii

interest for the year of income payable by the person under section 102AAM of the Tax Act immediately before the first crediting; and

 e

if the person furnishes the return of income for the year of income 30 days or more before the due date for payment of the assessed tax—the first crediting occurs 30 days or more after the day on which the person furnishes the return; and

 f

if the person furnishes the return of income for the year of income after 30 days or more before the due date for payment of the assessed tax—the first crediting occurs after the due date for payment of the assessed tax;

interest is payable by the Commissioner to the person on the excess mentioned in paragraph (d), calculated in respect of the period applicable under section 8H at the rate specified in section 8I.

Note: Income Tax Assessment Act 1997 lists the tax offsets that are subject to the refundable tax offset rules.Division 67 of the

2

If:

 a

a person who is a full self-assessment taxpayer furnishes a return of income for a year of income; and

 b

(b) after the first crediting, the Commissioner credits, applies or refunds (which crediting, applying or refunding is a later crediting) one or more income tax crediting amounts in relation to the income tax payable by the person for the year of income; and

 c

the sum of the income tax crediting amounts in paragraph (b) exceeds the sum of the following amounts:

 i

income tax payable for the year of income by the person immediately before the later crediting;

Note: This is the income tax payable for the year of income as reduced by any rebate, deduction under subsection 100(2) of the Tax Act, crediting, applying or other payment made before the later crediting.

 iii

interest for the year of income payable by the person under section 102AAM of the Tax Act immediately before the later crediting; and

interest is payable by the Commissioner to the person on the excess mentioned in paragraph (c), calculated in respect of` the period applicable under section 8H at the rate specified in section 8I.
8H Interest period—full self-assessment taxpayer 1A

If subsection 8G(1) applies to a person who is a full self-assessment taxpayer, the interest is payable on the excess mentioned in paragraph 8G(1)(d) for the period from the beginning of the earlier of the following days:

 a

the 30th day after the day on which the person furnishes the return of income for the year of income;

 b

the due date for payment of the assessed tax;

until the end of the day on which the first crediting occurs.

 2A

If subsection 8G(2) applies to a person who is a full self-assessment taxpayer and subsection (3) of this section does not apply, the interest is payable on the excess mentioned in paragraph 8G(2)(c) for the period from the beginning of the due date for payment of assessed tax until the end of the day on which the later crediting occurs.

 3

If:

 a

subsection 8G(2) applies; and

 b

one or more payments have been made (including any taken to have been made because of the crediting or applying of any amount) of any amounts mentioned in subparagraphs 8G(1)(d)(i) to (iii) after the first crediting and before the later crediting;

the interest is payable:

 c

on so much of the excess as is attributable to a particular payment mentioned in paragraph (b)—for the period from the beginning of the day on which the payment was made until the end of the day on which the later crediting occurs; and

 d

on so much of the excess as is not attributable to payments mentioned in paragraph (b), for the period from the beginning of the due date for payment of assessed tax until the end of the day on which the later crediting occurs.

 4

For the purposes of subsection (3), but subject to subsection (5), the excess is attributable to a particular payment to the extent that it would be set off against that payment if it were set off in succession against each of the payments in the reverse of the order in which they were made.

 5

For the purposes of subsection (4), any payment is to be disregarded to the extent that:

 a

it consists of an amount on which interest is payable under section 9; or

 b

it has been taken into account in any previous application of subsection (4) of this section in relation to a later crediting occurring before the current later crediting.
8I Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
8K Interpretation

If the crediting, applying or refunding of an income tax crediting amount takes place at different times, the whole of the income tax crediting amount is taken for the purposes of this Part to have been credited, applied or refunded at the earlier or earliest of those times.
IIC Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
8L Interpretation

Expressions used in this Part that are defined in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 have the same meanings as in that Act.
8M Entitlement to interest

If:

 a

(a) an assessment is made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 in respect of a person’s liability to pay superannuation contributions surcharge or an advance instalment; and

 b

the person has paid the assessed amount of the surcharge or instalment; and

 c

the assessment is amended (otherwise than under section 18 of that Act) reducing the liability of the person to pay surcharge or the instalment;

interest is payable by the Commissioner to the person in accordance with this Part on the amount by which the surcharge or instalment payable by the person under the amended assessment is less than the surcharge or instalment that was paid by the person under the assessment that was amended.
8N Period of interest

The interest is payable for the period that:

 a

started on the later of the following days:

 i

the day on which the amount of the surcharge or advance instalment was paid;

 ii

the day by which the amount of the surcharge or advance instalment was required to be paid; and

 b

ends on the day on which the assessment was amended.
8P Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
IIE Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
8U Interpretation

Expressions used in this Part that are defined in the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 have the same meanings as in that Act.
8V Entitlement to interest

If:

 a

(a) an assessment is made under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 in respect of a person’s liability to pay superannuation contributions surcharge; and

 b

the person has paid the assessed amount of the surcharge; and

 c

the assessment is amended (otherwise than under section 16 of that Act) reducing the liability of the person to pay surcharge;

interest is payable by the Commissioner to the person in accordance with this Part on the amount by which the surcharge payable by the person under the amended assessment is less than the surcharge that was paid by the person under the assessment that was amended.
8W Period of interest

The interest is payable for the period that:

 a

started on the later of the following days:

 i

the day on which the amount of the surcharge was paid;

 ii

the day by which the amount of the surcharge was required to be paid; and

 b

ends on the day on which the assessment was amended.
8X Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
IIF Interest on overpayments resulting from certain amendments of assessments made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
8Y Interpretation

Expressions used in this Part that are defined in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 have the same meanings as in that Act.
8Z Entitlement to interest

If:

 a

(a) an assessment is made under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 in respect of a superannuation provider’s liability to pay superannuation contributions surcharge in respect of a person who has failed to provide a tax file number; and

 b

the superannuation provider has paid the assessed amount of the surcharge in respect of the person; and

 c

(c) the assessment is amended under Superannuation Contributions Tax (Assessment and Collection) Act 1997 after the person provides a tax file number reducing the liability of the provider to pay surcharge;section 18 of the

interest is payable by the Commissioner to the superannuation provider in accordance with this Part on the amount by which the surcharge payable by the provider under the amended assessment is less than the surcharge that was paid by the provider under the assessment that was amended.
8ZA Period of interest

The interest is payable for the period that:

 a

started on the later of the following days:

 i

the day on which the amount of the surcharge was paid;

 ii

the day by which the amount of the surcharge was required to be paid; and

 b

ends on the day on which the assessment was amended.
8ZB Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
IIG Interest on certain amounts of tax on no-TFN contributions income of superannuation providers
8ZC Interpretation

Expressions used in this Part that are defined in the Income Tax Assessment Act 1997 have the same meanings as in that Act.
8ZD Entitlement to interest 1

Interest is payable by the Commissioner to a superannuation provider in accordance with this Part on the amount set out in subsection (2) if:

 a

(a) an individual quoted his or her tax file number to his or her employer at a time before the end of an income year (the past year); and

 b

(b) the employer was required by Retirement Savings Accounts Act 1997 or section 299C of the Superannuation Industry (Supervision) Act 1993 to inform the superannuation provider of the individual’s tax file number by the end of the past year, but did not; andsection 133 of the

c

as a result, a contribution was an amount of no-TFN contributions income of the superannuation provider of the past year; and

 d

(d) an amount of tax (the interest-bearing tax) payable in respect of that no-TFN contributions income counts towards the tax offset under Subdivision 295-J of the Income Tax Assessment Act 1997 for an income year (the current year) for the superannuation provider; and

 e

the tax offset under that Subdivision is applied in making an assessment in respect of the superannuation provider for the current year.

 2

The interest is payable on each amount of interest-bearing tax.
8ZE Period of interest

The interest is payable for the period that:

 a

started on the later of the following days:

 i

the day on which the amount of interest-bearing tax was paid;

 ii

the day by which the amount of interest-bearing tax was required to be paid; and

 b

ends on the day on which the assessment is made.
8ZF Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).

Note: For the meaning of base interest rate see section 8AAD of the Taxation Administration Act 1953.
III Interest on overpayments resulting from decisions to which this Act applies
9 Entitlement to interest 1

Subject to sections 11, 11A and 12, where:

 a

(a) an amount of relevant tax is paid by a person to the Commissioner (in this subsection referred to as the amount paid); and

 b

as a result of a decision to which this Act applies, the whole or a part of the amount paid is overpaid by the person and is refunded to the person or applied against any liability of the person to the Commonwealth;

interest calculated in accordance with subsections (2) and (3) and sections 10 and 10A is payable by the Commissioner to the person in respect of:

 c

in a case where the whole of the amount paid is so refunded or applied—the amount paid; or

 d

in a case where a part of the amount paid is so refunded or applied—the part of the amount paid so refunded or applied.

 1A

If:

 a

apart from this subsection, subsection (1) would apply to an overpayment; and

 b

the decision to which this Act applies mentioned in that subsection was made wholly or partly to provide correlative relief, for juridical double taxation or economic double taxation, in respect of the taxing of an amount under a law of a foreign country; and

 c

either:

 i

the law of the foreign country did not require the payment of late payment interest in respect of the amount; or

 ii

the law of the foreign country did require the payment of late payment interest but the payment had not been made by the time the decision to which this Act applies was made;

subsection (1) does not apply to the overpayment to the extent to which it is attributable to the provision of the correlative relief.

 1B

(1B) Subsection (1) does not apply to an overpayment to the extent that the overpayment results from the person providing or receiving a financial benefit (within the meaning of the Income Tax Assessment Act 1997) under a look-through earnout right (within the meaning of that Act).

 1C

(1C) Subsection (1) does not apply to an overpayment to the extent that the overpayment results from paragraph 417-105(a) of the Income Tax Assessment Act 1997 allowing an amount to be deducted from assessable income (within the meaning of that Act) for an earlier year of income.

 2

Where an amount of relevant tax has, whether by agreement or otherwise, been paid by a person to the Commissioner in instalments, each instalment shall, for the purposes of section 10, be treated as a separate amount of relevant tax paid by the person to the Commissioner.

 3

Where:

 a

an amount of relevant tax has, whether by agreement or otherwise, been paid by a person to the Commissioner in instalments; and

 b

as a result of a decision to which this Act applies, a part only of the amount of relevant tax is overpaid by the person and is refunded to the person or applied against any liability of the person to the Commonwealth;

the amount so refunded or applied shall, for the purposes of the Commissioner.section 10, be attributed to the instalments in reverse order to the order in which the instalments were paid to

4

Where the Commissioner applies an amount that has been paid to him or her by a person against the liability of another person to pay an amount of relevant tax, the other person shall, for the purposes of this Act, be deemed to have paid to the Commissioner, to the extent of the amount so applied and on the day on which the amount is so applied, the amount of relevant tax.

 6

Where:

 a

at a particular time, a company pays an amount of franking deficit tax;

 b

(b) at a later time (in this subsection called the offset time), the company becomes entitled to a tax offset that is attributable, in whole or in part, to so much of the company’s franking deficit tax liability as was discharged by the payment of that amount; and

 c

as a result of a decision to which this Act applies (being a decision made after the offset time), the whole or part of the amount paid by the company is overpaid;

the amount paid by the company shall be taken to have been applied, at the offset time, against a liability of the company to the Commonwealth as a result of that decision.

 7

(7) In subsection (6), franking deficit tax and tax offset have the meanings given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Liabilities under section 282-18 of the Private Health Insurance Act 2007

 8

For the purposes of this section, if:

 a

(a) the Commissioner gives a notice to a person under subsection 282-18(4) of the Private Health Insurance Act 2007; and

 b

the notice states that the person is liable to pay an amount to the Commonwealth under section 282-18 of that Act; and

 c

the person pays the stated amount to the Commissioner; and

 d

the stated amount exceeds the amount the person is liable to pay under that section; and

 e

the excess is refunded to the person or applied against any liability of the person to the Commonwealth;

treat the excess as being overpaid by the person, and so refunded or applied, as a result of the decision of the Commissioner to give the notice.

Note 1: The decision of the Commissioner to give the notice is a decision to which this Act applies. See section 3.

Note 2: Liabilities under Private Health Insurance Act 2007 are relevant tax. See section 3C.section 282-18 of the

10 Amount of interest 1

Interest payable to a person by virtue of section 9 in respect of an amount of relevant tax, or the part of an amount of relevant tax, refunded to the person, or applied against any liability of the person to the Commonwealth, as a result of a decision to which this Act applies shall be calculated:

 a

in respect of the period that commenced on the later of the following days:

 i

the day on which notice of the assessment, determination or decision, being the assessment, determination or decision in relation to which the decision to which this Act applies was made, was issued to the person by the Commissioner;

 ii

the day on which the amount of relevant tax was paid to the Commissioner;

and ended on the day on which the amount of the relevant tax or the part of the amount of relevant tax, as the case may be, was so refunded or applied; and

 b

at the base interest rate (within the meaning of the Tax Act).

 2

(2) For the purposes of subparagraph (1)(a)(i), if the decision to which this Act relates is a decision of the Commissioner under Taxation Administration Act 1953 in relation to an amount of Pay as you go withholding non-compliance tax, the notice of the decision in relation to which that decision was made is the notice the Commissioner gives to the person under section 18-140 in that Schedule in relation to that amount of tax.section 18-130 in Schedule 1 to the

11 Limit on overpayment of interest where correlative relief in respect of foreign income tax

If:

 a

(a) apart from this section, interest is payable in respect of the whole or part (which whole or part is the overpayment) of an amount of relevant tax; and

 b

the decision to which this Act applies mentioned in subsection 9(1) was made wholly or partly to provide correlative relief, for juridical double taxation or economic double taxation, in respect of the taxing of an amount under a law of a foreign country; and

 c

(c) as a result, the whole or part (which whole or part is the correlative relief amount) of the overpayment is attributable to the provision of the correlative relief; and

 d

the interest on the overpayment, to the extent that it is attributable to the correlative relief amount, exceeds the lesser of:

 i

the amount of the late payment interest paid in respect of the amount taxed under the law of the foreign country, expressed in Australian currency at the exchange rate applicable at the time when the taxing of the amount under the law of the foreign country takes place;

Note: Such interest must have been paid or subsection 9(1A) would prevent the correlative relief amount from attracting interest under this Part.

 ii

the correlative relief amount;

the interest otherwise payable on the overpayment is reduced by the amount of the excess in paragraph (d).
IIIA Interest on overpayments resulting from certain remissions and refunds
12A Entitlement to interest 1

If:

 a

the Commissioner, as a result of a request by a person:

 i

(i) remits, under Taxation Administration Act 1953, the whole or part of an amount that has been paid to the Commissioner in respect of general interest charge payable under former section 163AA of the Tax Act or section 5-15 of the Income Tax Assessment Act 1997; orsection 8AAG of, the

ia

(ia) remits, under Taxation Administration Act 1953, the whole or part of an amount that has been paid to the Commissioner in respect of shortfall interest charge payable under Division 280 in that Schedule; orsection 280-160 in Schedule 1 to the

iv

refunds the whole or part of a payment made by a person on account of something listed in subsection (1A); and

 b

the remission or refund takes place more than 30 days after the day on which the request is made;

interest is payable by the Commissioner to the person on the amount remitted or refunded, calculated in respect of the period applicable under section 12B at the rate specified in section 12C.

 1A

For the purposes of subparagraph (1)(a)(iv), the following are listed:

 a

income tax;

 b

compulsory repayment amount;

 baa

compulsory VETSL repayment amount;

 ba

compulsory SSL repayment amount;

 bb

compulsory ABSTUDY SSL repayment amount;

 c

compulsory AASL repayment amount;

 d

FS assessment debt;

 e

interest under section 102AAM of the Tax Act.

 2

A reference in subparagraph (1)(a)(iv) to a person making a payment on account of something listed in subsection (1A) does not include a reference to the making of a deduction or payment under Division 5 of the Tax Act.
12B Period of interest

The interest is payable for the period from the beginning of the 30th day after the day on which the request was made until the end of the day on which the remission or refund takes place.
12C Rate of interest

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
IIIAA Delayed refund interest on running balance account (RBA) surpluses
12AA Entitlement to interest for RBA surpluses after notification of BAS amount or petroleum resource rent tax amount

If:

 a

the Commissioner has allocated a BAS amount or petroleum resource rent tax amount to an RBA of an entity; and

 b

section 12AB does not apply (that section is about remission of penalties); and

 c

(c) under subsection 8AAZLF(1) of the Taxation Administration Act 1953, the Commissioner is required to refund to the entity the whole or part of an RBA surplus for that RBA; and

 d

the refund takes place after the RBA interest day;

then interest is payable by the Commissioner to the entity on the amount refunded.

Note: Section 12AF defines BAS amount, petroleum resource rent tax amount, RBA surplus and RBA interest day.
12AB Entitlement to interest for RBA surpluses after request for remission

If:

 a

the Commissioner has allocated a BAS amount or petroleum resource rent tax amount to an RBA of an entity; and

 b

the entity requests the Commissioner to remit a penalty of which the entity has been notified by the Commissioner; and

 c

(c) as a result of the Commissioner remitting the penalty, the Commissioner is required, under subsection 8AAZLF(1) of the Taxation Administration Act 1953, to refund to the entity the whole or part of an RBA surplus for that RBA; and

 d

the refund takes place after the RBA interest day;

then interest is payable by the Commissioner to the entity on the amount refunded.

Note: Section 12AF defines BAS amount, petroleum resource rent tax amount, RBA surplus and RBA interest day.
12AC Entitlement to interest for RBA surpluses after request for refund

If:

 a

the Commissioner has allocated a payment to an RBA of an entity; and

 b

the Commissioner has allocated or intends to allocate a BAS amount or petroleum resource rent tax amount to that RBA; and

 c

(c) under subsection 8AAZLF(2) of the Taxation Administration Act 1953, the Commissioner, as a result of a request by the entity, is required to refund the whole or part of an RBA surplus for that RBA; and

 d

the refund takes place after the RBA interest day;

then interest is payable by the Commissioner to the entity on the amount refunded.

Note: Section 12AF defines BAS amount, petroleum resource rent tax amount, RBA surplus and RBA interest day.
12AD Period of interest for RBA surpluses

Interest under this Part is payable for the period from the end of the RBA interest day until the end of the day on which the refund takes place.
12AE Rate of interest for RBA surpluses

Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).
12AF Definitions

In this Part:

BAS amount has the same meaning as in subsection 995-1(1) of the Tax Act.

petroleum resource rent tax amount has the same meaning as in subsection 995-1(1) of the Tax Act.

RBA interest day for an RBA surplus means the 14th day after the latest of the following days: either: if section 12AA applies—the day on which the surplus arises; or if section 12AB or 12AC applies—the day on which the relevant request is made; if, by the day applicable under paragraph (a), the person has not given the Commissioner a notification that: (i) is required for the refund under Taxation Administration Act 1953; andsection 8AAZLG or 8AAZLGB (as the case requires) of the that is accurate so far as it relates to the refund; the day on which that notification is given to the Commissioner; (c) unless the Commissioner has given a direction under subsection 8AAZLH(3) of the Taxation Administration Act 1953—the day on which the person nominates a financial institution account for the purposes of that section.

 a

either:

 i

if section 12AA applies—the day on which the surplus arises; or

 ii

if section 12AB or 12AC applies—the day on which the relevant request is made;

 b

if, by the day applicable under paragraph (a), the person has not given the Commissioner a notification that:

 i

(i) is required for the refund under Taxation Administration Act 1953; andsection 8AAZLG or 8AAZLGB (as the case requires) of the

ii

that is accurate so far as it relates to the refund;

the day on which that notification is given to the Commissioner;

 c

(c) unless the Commissioner has given a direction under subsection 8AAZLH(3) of the Taxation Administration Act 1953—the day on which the person nominates a financial institution account for the purposes of that section.

RBA surplus has the same meaning as in section 8AAZA.
IIIB Adjustment of interest
12D Interest to be in multiples of 1 cent

If an amount of interest calculated under this Act is not a multiple of 1 cent, the amount of interest is to be:

 a

if the amount of interest is a multiple of 0.5 cent—increased by 0.5 cent; or

 b

in any other case—increased or decreased, as the case requires, to the nearest multiple of 1 cent.
12E Small amounts of interest not to be paid

If, apart from this section, an amount of interest:

 a

would be payable to a person under this Act; and

 b

is less than 50 cents;

the amount is not payable to the person.
12F Adjustment where amount to be paid by, or refunded to, person does not exceed 49 cents

If:

 a

an amount of interest payable to a person under this Act is applied in discharge of a liability of the person to the Commonwealth; and

 b

(b) the amount (if any) remaining to be paid (the net amount) by the person in relation to that liability is less than 50 cents;

the net amount is not payable by the person.
IV Miscellaneous

Note: For rules about allocation of credits arising under this Act, see Taxation Administration Act 1953.Division 3 of Part IIB of the

15 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Taxation (Interest on Overpayments) Act 1983 12, 1983 8 June 1983
Taxation Laws Amendment Act 1984 123, 1984 s 319(1): 14 Feb 1983 (s 2(2)) s 319(2), 320–327 and 385(2): 14 Dec 1984 (s 2(3)) s 385(2)
Trust Recoupment Tax (Consequential Amendments) Act 1985 4, 1985 s 13: (s 2) —
Sales Tax Laws Amendment Act 1985 47, 1985 30 May 1985 ss. 3, 4(2), 11, 12 and Part XI (ss. 54–56): 21 Aug 1981 ss. 5, 18, 20, 22, 24, 28(2), 39, 40, 45, 48, 50, 51 and 53: 10 May 1985 (see s. 2(3)) Remainder: Royal Assent s. 2(4) and (5)
Taxation Laws Amendment Act 1985 49, 1985 30 May 1985 30 May 1985 s. 43
Taxation Laws Amendment Act (No. 2) 1985 123, 1985 —
Fringe Benefits Tax (Miscellaneous Provisions) Act 1986 41, 1986 24 June 1986 24 June 1986 (see s. 2(1)) s. 2(2)
Taxation Laws Amendment Act 1986 46, 1986 24 June 1986 Part IV (ss. 31–41): 1 July 1986 Part V (ss. 42, 43): Remainder: Royal Assent s. 47
Taxation Boards of Review (Transfer of Jurisdiction) Act 1986 48, 1986 24 June 1986 s 200: 1 July 1986 (s 2(1)) —
Taxation Laws Amendment Act (No. 4) 1986 154, 1986 s. 8(c): 10 June 1986 Part II (ss. 3–6), ss. 8(a) and 9–11: ss. 26(b), (c), 28, 40 and 49(3), (7): 1 Jan 1987 (see s. 2(4) and Gazette 1986, No. S650) s. 55: 1 Mar 1987 (see Gazette 1987, No. S32) Remainder: Royal Assent —
Taxation Laws Amendment (Company Distributions) Act 1987 58, 1987 5 June 1987 5 June 1987 (see s. 2) —
Taxation Laws Amendment Act 1987 61, 1987 5 June 1987 5 June 1987 —
Taxation Laws Amendment Act (No. 2) 1987 62, 1987 5 June 1987 Sch 1: 1 July 1987 (s 2(6)) —
Petroleum Resource Rent Tax (Miscellaneous Provisions) Act 1987 145, 1987 (see s. 2) —
Taxation Laws Amendment (Tax File Numbers) Act 1988 97, 1988 s. 12 and Schedule 2 (in part): 1 July 1989 (see s. 2(2) and Gazette 1989, No. S159) Remainder: (see s. 2(1) and Gazette 1988, No. S399) —
Higher Education Funding Act 1988 2, 1989 s 89: 6 Jan 1989 (s 2(1)) —
Training Guarantee (Administration) Act 1990 60, 1990 16 June 1990 s. 43 and Part 10 (ss. 88–95): (see Gazette 1990, No. S272) Remainder: 1 July 1990 —
Taxation Laws Amendment Act (No. 3) 1991 216, 1991 s 114, 116 and Sch 4: 1 Mar 1992 (s 2(10) and gaz 1992, No GN7) s 114 and 116
Sales Tax Amendment (Transitional) Act 1992 118, 1992 —
Student Assistance Amendment Act 1992 138, 1992 Div. 3 of Part 3 (ss. 31–43): Remainder: Royal Assent —
Higher Education Funding Legislation Amendment Act 1993 116, 1993 s 27: (s 2(2)) —
Taxation Laws Amendment Act (No. 3) 1993 118, 1993 s 161–166: 24 Dec 1993 (s 2(1)) s 161, 163, 164 and 166
Taxation Laws Amendment Act (No. 3) 1994 138, 1994 s 7(2): 28 Nov 1994 (s 2(1)) —
Taxation Laws Amendment Act (No. 4) 1994 181, 1994 Schedule 1 (items 22–85): Remainder: Royal Assent Sch. 5 (items 1, 46)
Taxation Laws Amendment Act (No. 2) 1995 169, 1995 Sch 8 (items 9, 10) and Sch 10 (items 4–6): 16 Dec 1995 (s 2(1), (7)) Sch 10 (item 3): (s 2(6)) Sch 8 (item 10) and Sch 10 (item 6)
Taxation Laws Amendment Act (No. 3) 1995 170, 1995 Sch 2 (items 62–64): 16 Dec 1995 (s 2(1)) Sch 2 (item 64)
Taxation Laws Amendment (International Tax Agreements) Act 1996 39, 1996 Sch. 3 (item 3)
Statute Law Revision Act 1996 43, 1996 Sch 5 (items 144–146): 25 Oct 1996 (s 2(1)) —
Income Tax (Consequential Amendments) Act 1997 39, 1997 1 July 1997 —
Superannuation Contributions Tax (Consequential Amendments) Act 1997 71,1997 5 June 1997 5 June 1997 —
Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 Sch 2 (item 1247): (s 2(2)) —
Superannuation Contributions and Termination Payments Taxes Legislation Amendment Act 1997 191, 1997 Sch 8: 7 Dec 1997 (s 2(1)) —
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 45, 1998 17 June 1998 Sch 12 (item 47): 1 July 1998 (s 2(1)) —
Taxation Laws Amendment Act (No. 3) 1998 47, 1998 23 June 1998 Sch 4 (items 66–69): 23 June 1998 (s 2(1)) Sch 4 (item 69)
Taxation Laws Amendment (Farm Management Deposits) Act 1998 85, 1998 2 July 1998 Sch 5 (item 3): 2 Jan 1999 (s 2(2)) —
Taxation Laws Amendment Act (No. 3) 1999 11, 1999 Sch 1 (items 353–371, 398, 399, 402, 404): 1 July 1999 (s 2(3)) Sch 1 (items 398, 399, 402, 404)
as amended by
A New Tax System (Pay As You Go) Act 1999 178, 1999 Sch 2 (items 87–93): 22 Dec 1999 (s 2(1)) Sch 2 (items 92, 93)
Statute Stocktake Act 1999 118, 1999 Sch. 2 (item 33)
A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 176, 1999 Sch 8 (item 26): 1 July 2000 (s 2(17)) —
A New Tax System (Pay As You Go) Act 1999 178, 1999 Sch 2 (items 34, 35, 83–86, 92, 93): 22 Dec 1999 (s 2(1)) Sch 2 (items 35, 92, 93)
as amended by
Tax Laws Amendment (2004 Measures No. 7) Act 2005 41, 2005 Sch 10 (item 244): 22 Dec 1999 (s 2(1) item 6) —
A New Tax System (Tax Administration) Act 1999 179, 1999 Sch 11 (items 113, 114): 1 July 2000 (s 2(9)(b)) Sch 13 (items 1–6) and Sch 16 (items 20–37): 22 Dec 1999 (s 2(1), (13)) Sch. 13 (item 6) and Sch. 16 (item 37)
A New Tax System (Tax Administration) Act (No. 2) 2000 91, 2000 30 June 2000 Sch 2 (items 121, 129): 1 July 2000 (s 3(1)) Sch 2 (item 129)
Indirect Tax Legislation Amendment Act 2000 92, 2000 30 June 2000 Sch 9 (items 17, 18): 1 July 2000 (s 2(1)) Sch 9 (item 18)
Youth Allowance Consolidation Act 2000 106, 2000 6 July 2000 Sch 5 (item 5): 6 July 2000 (s 2(1)) —
Taxation Laws Amendment Act (No. 8) 2000 156, 2000 Sch 7 (item 21): 21 Dec 2000 (s 2(1)) —
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 2) 2001 146, 2001 s 4 and Sch 4 (items 129–131): s 4
Taxation Laws Amendment (Research and Development) Act 2001 170, 2001 Sch 3 (items 14–19): 1 Oct 2001 (s 2(1)) Sch 3 (item 19)
International Tax Agreements Amendment Act 2003 123, 2003 —
Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 150, 2003 Sch 2 (items 161–168): 1 Jan 2004 (s 2(1) item 16) —
Taxation Laws Amendment Act (No. 1) 2004 101, 2004 30 June 2004 Sch 11 (item 16): 22 Dec 1999 (s 2(1) item 12) —
Tax Laws Amendment (Improvements to Self Assessment) Act (No. 1) 2005 75, 2005 29 June 2005 29 June 2005 Sch. 1 (item 31)
Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005 161, 2005 Schedule 1 (items 57–59): Royal Assent Sch. 1 (item 59)
Tax Laws Amendment (2006 Measures No. 2) Act 2006 58, 2006 22 June 2006 Schedule 7 (items 194–209): 1 July 2006 (s 2(1) item 21) —
Fuel Tax (Consequential and Transitional Provisions) Act 2006 73, 2006 26 June 2006 Schedule 5 (items 166, 167): 1 July 2006 (see s. 2(1)) —
International Tax Agreements Amendment Act (No. 1) 2006 100, 2006 Schedule 1 (items 27–31): Royal Assent Sch. 1 (item 11)
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 101, 2006 Schedule 1 (items 1, 300–317), Schedule 2 (items 971–995), Schedule 5 (items 158–163) and Schedule 6 (items 1, 5–11): Royal Assent Sch. 6 (items 1, 5–11)
Tax Laws Amendment (Simplified Superannuation) Act 2007 9, 2007 Schedule 1 (items 36, 37): Royal Assent Sch. 1 (item 37)
Superannuation Legislation Amendment (Simplification) Act 2007 15, 2007 Schedule 1 (items 394, 406(1)–(3)): 15 Mar 2007 (s 2(1) item 2) Sch. 1 (item 406(1)–(3))
Tax Laws Amendment (2007 Measures No. 4) Act 2007 143, 2007 Schedule 1 (items 213–222, 225, 226) and Schedule 7 (item 103): Royal Assent Sch. 1 (items 222, 225, 226)
as amended by
Statute Law Revision Act 2010 8, 2010 1 Mar 2010 Schedule 2 (item 25): Royal Assent —
Tax Laws Amendment (2008 Measures No. 4) Act 2008 97, 2008 Schedule 3 (item 186): Royal Assent —
Tax Laws Amendment (2008 Measures No. 6) Act 2009 14, 2009 Schedule 4 (items 45–50): Royal Assent Sch. 4 (items 46, 50)
Tax Laws Amendment (2009 Measures No. 2) Act 2009 42, 2009 23 June 2009 Schedule 4 (items 13–15): Royal Assent —
Tax Laws Amendment (2010 Measures No. 1) Act 2010 56, 2010 3 June 2010 Schedule 6 (items 37–43): Royal Assent —
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 145, 2010 16 Dec 2010 Schedule 2 (items 118, 119): 17 Dec 2010 —
Tax Laws Amendment (2011 Measures No. 2) Act 2011 41, 2011 27 June 2011 Schedule 5 (item 423): Royal Assent —
Tax Laws Amendment (2011 Measures No. 9) Act 2012 12, 2012 21 Mar 2012 Schedule 6 (items 247, 248): Royal Assent Sch. 6 (item 248)
Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012 14, 2012 29 Mar 2012 Sch 3 (items 86–89): 1 July 2012 (s 2(1) item 5) —
Fairer Private Health Insurance Incentives Act 2012 26, 2012 4 Apr 2012 Sch 1 (items 43–47, 48(1)): 1 July 2012 (s 2(1) item 2) Sch 1 (item 48(1))
Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012 75, 2012 27 June 2012 Sch 4 (items 17–20): 27 June 2012 (s 2(1) item 2) Sch 4 (item 20)
Tax Laws Amendment (2012 Measures No. 2) Act 2012 99, 2012 29 June 2012 Sch 1 (items 16–23): 30 June 2012 (s 2(1) item 3) Sch 1 (item 23)
Tax and Superannuation Laws Amendment (2013 Measures No. 1) Act 2013 88, 2013 28 June 2013 Sch 7 (items 184–193): 1 July 2012 (s 2(1) item 17) Sch 7 (items 226, 227): 28 June 2013 (s 2(1) item 23) —
Tax Laws Amendment (Fairer Taxation of Excess Concessional Contributions) Act 2013 118, 2013 29 June 2013 Sch 1 (items 37, 85, 86, 110): 29 June 2013 (s 2(1) items 2, 11) Sch 1 (item 110)
Trade Support Loans (Consequential Amendments) Act 2014 82, 2014 17 July 2014 Sch 1 (items 25, 26, 28–34): 18 July 2014 (s 2(1) items 2, 3, 5) Sch 1 (item 27): never commenced (s 2(1) item 4) —
Minerals Resource Rent Tax Repeal and Other Measures Act 2014 96, 2014 5 Sept 2014 Sch 1 (items 109–124): 30 Sept 2014 (s 2(1) item 2 and F2014L01256) Sch 1 (items 122–124)
Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 70, 2015 25 June 2015 Sch 6 (items 62, 63): 25 June 2015 (s 2(1) item 17) Sch 6 (item 63)
Labor 2013-14 Budget Savings (Measures No. 2) Act 2015 169, 2015 11 Dec 2015 Sch 1 (items 100–107, 111): 1 Jan 2016 (s 2(1) item 2) Sch 1 (item 111)
Tax and Superannuation Laws Amendment (2015 Measures No. 6) Act 2016 10, 2016 25 Feb 2016 Sch 1 (items 37–39): 26 Feb 2016 (s 2(1) item 2) Sch 1 (items 38–39)
Budget Savings (Omnibus) Act 2016 55, 2016 16 Sept 2016 Sch 23 (items 21–24): 1 Oct 2016 (s 2(1) item 25) Sch 23 (items 22–24)
International Tax Agreements Amendment Act 2016 64, 2016 20 Oct 2016 Sch 1 (item 10): 20 Oct 2016 (s 2(1) item 1) —
Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 81, 2016 29 Nov 2016 Sch 10 (items 48–54): 1 July 2018 (s 2(1) item 5) Sch 10 (items 49–54)
Treasury Laws Amendment (Combating Multinational Tax Avoidance) Act 2017 27, 2017 4 Apr 2017 Sch 1 (items 50–52): 1 July 2017 (s 2(1) item 4) Sch 1 (item 52)
Treasury Laws Amendment (2018 Measures No. 1) Act 2018 23, 2018 29 Mar 2018 Sch 1 (item 74): 1 Apr 2018 (s 2(1) item 8) Sch 1 (items 75–79): 30 Mar 2018 (s 2(1) item 9) Sch 1 (items 75–79)
Education and Other Legislation Amendment (VET Student Loan Debt Separation) Act 2018 116, 2018 25 Sept 2018 Sch 1 (items 61–67): 1 July 2019 (s 2(1) item 12) —
Treasury Laws Amendment (2018 Measures No. 4) Act 2019 8, 2019 1 Mar 2019 Sch 8 (items 64–70): 1 Apr 2019 (s 2(1) item 11) —
Treasury Laws Amendment (Timor Sea Maritime Boundaries Treaty) Act 2019 59, 2019 7 Aug 2019 Sch 2 (item 22): 30 Aug 2019 (s 2(1) item 2) —
Trade Support Loans Amendment Act 2023 61, 2023 21 Aug 2023 Sch 1 (items 149–165): 1 Jan 2024 (s 2(1) item 1) Sch 1 (items 156–165)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 38, 2024 31 May 2024 Sch 1 (item 75): 14 Oct 2024 (s 2(1) item 2) —

Endnote 4—Amendment history
Provision affected How affected
Title am No 181, 1994
Part I
s 1 am No 181, 1994
s 3 am No 123, 1984; No 4, 1985; No 47, 1985; No 49, 1985; No 41,1986; No 46, 1986; No 48, 1986; No 154, 1986; No 58, 1987; No 62, 1987; No 145, 1987; No 2, 1989; No 60, 1990; No 216, 1991; No 118, 1992; No 138, 1992; No 116, 1993; No 118, 1993; No 138, 1994; No 181, 1994; No 169, 1995; No 170, 1995; No 39, 1997; No 152, 1997; No 45, 1998; No 47, 1998; No 85, 1998; No 11, 1999 (as am by No 178, 1999); No 118, 1999; No 176, 1999; No 178, 1999; No 179, 1999; No 92, 2000; No 106, 2000; No 156, 2000; No 170, 2001; No 123, 2003; No 150, 2003; No 75, 2005; No 58, 2006; No 73, 2006; No 100, 2006; No 101, 2006; No 143, 2007; No 14, 2009; No 42, 2009; No 56, 2010; No 12, 2012; No 14, 2012; No 26, 2012; No 75, 2012; No 99, 2012; No 88, 2013; No 118, 2013; No 82, 2014; No 96, 2014; No 169, 2015; No 81, 2016; No 27, 2017; No 116, 2018; No 61, 2023; No 38, 2024
s. 3A ad. No. 181, 1994
am. No. 39, 1996; No. 143, 2007; No. 97, 2008; No 64, 2016
s. 3B ad. No. 146, 2001
s 3C ad No 58, 2006
am No 100, 2006; No 101, 2006; No 56, 2010; No 41, 2011; No 14, 2012; No 26, 2012; No 99, 2012; No 88, 2013; No 82, 2014; No 96, 2014; No 169, 2015; No 27, 2017; No 116, 2018; No 61, 2023
Part II
s. 4 am. No. 145, 2010
ss. 5, 6 rep. No. 123, 1984
s. 7 am. No. 123, 1984; No. 43, 1996
s. 8 am. No. 123, 1985; No. 97, 1988; No. 43, 1996; No. 146, 2001
rep. No. 145, 2010
Part IIA
Part IIA ad. No. 181, 1994
s 8A ad No 181, 1994
am No 169, 1995; No 11, 1999; No 179, 1999; No 150, 2003; No 75, 2005; No 101, 2006; No 56, 2010; No 88, 2013; No 82, 2014; No 169, 2015; No 116, 2018; No 8, 2019; No 61, 2023
s. 8B ad. No. 181, 1994
am. No. 179, 1999; No. 101, 2006
s. 8C ad. No. 181, 1994
am. No. 11, 1999; No. 101, 2006
s. 8D ad. No. 181, 1994
Part IIB
Part IIB ad. No. 181, 1994
s 8E ad No 181, 1994
am No 179, 1999; No 170, 2001; No 150, 2003; No 101, 2006; No 42, 2009; No 56, 2010; No 26, 2012; No 82, 2014; No 169, 2015; No 116, 2018; No 61, 2023
s. 8F ad. No. 181, 1994
s. 8G ad. No. 181, 1994
am. No. 179, 1999; No. 170, 2001; No. 101, 2004; No. 101, 2006; No 42, 2009
s. 8H ad. No. 181, 1994
am. No. 179, 1999; No. 101, 2006
s. 8I ad. No. 181, 1994
am. No. 11, 1999; No. 101, 2006
s. 8J ad. No. 181, 1994
rep. No. 143, 2007
s. 8K ad. No. 181, 1994
am. No. 11, 1999; No. 161, 2005
Part IIC
Part IIC ad. No. 71, 1997
ss. 8L–8N ad. No. 71, 1997
s. 8P ad. No. 71, 1997
am. No. 11, 1999; No. 101, 2006
Part IID
Part IID ad. No. 71, 1997
rep No 23, 2018
s 8Q ad. No 71, 1997
rep No 23, 2018
s 8R ad No 71, 1997
rep No 23, 2018
s 8S ad No 71, 1997
rep No 23, 2018
s. 8T ad. No. 71, 1997
am. No. 11, 1999; No. 101, 2006
rep No 23, 2018
Part IIE
Part IIE ad. No. 191, 1997
ss. 8U–8W ad. No. 191, 1997
s. 8X ad. No. 191, 1997
am. No. 11, 1999; No. 101, 2006
Part IIF
Part IIF ad. No. 191, 1997
ss. 8Y, 8Z ad. No. 191, 1997
s. 8ZA ad. No. 191, 1997
s. 8ZB ad. No. 191, 1997
am. No. 101, 2006
Part IIG
Part IIG ad. No. 9, 2007
s. 8ZC ad. No. 9, 2007
s. 8ZD ad. No. 9, 2007
am. No. 15, 2007
ss. 8ZE, 8ZF ad. No. 9, 2007
Part III
Part III heading rs. No. 181, 1994
s. 9 am. No. 123, 1984; Nos. 58 and 61, 1987; No. 181, 1994; No. 43, 1996; No. 11, 1999; No. 101, 2006; No. 143, 2007; No. 14, 2009; No. 26, 2012; No 10, 2016; No 59, 2019
s. 10 am. No. 123, 1984; No. 49, 1985; No. 46, 1986; No. 181, 1994; No. 11, 1999; Nos. 58 and 101, 2006; No. 14, 2009; No. 99, 2012
s. 10A ad. No. 123, 1984
am. No. 58, 2006
rep. No. 101, 2006
s. 11 rs. No. 181, 1994
am. No. 143, 2007
s. 11A ad. No. 123, 1984
rep. No. 181, 1994
s. 12 am. No. 123, 1984; No. 47, 1985; No. 181, 1994; No. 118, 1999; No. 58, 2006
rep. No. 101, 2006
Part IIIA
Part IIIA heading rs No 8, 2019
Part IIIA ad. No. 181, 1994
s 12A ad No 181, 1994
am No 11, 1999; No 178, 1999 (as am by No 41, 2005); No 179, 1999; No 150, 2003; No 75, 2005; No 101, 2006; No 56, 2010; No 82, 2014; No 70, 2015; No 169, 2015; No 116, 2018; No 8, 2019; No 61, 2023
s 12B ad No. 181, 1994
am No 8, 2019
s. 12C ad. No. 181, 1994
am. No. 11, 1999; No. 101, 2006
Part IIIAA
Part IIIAA ad. No. 179, 1999
s. 12AA ad. No. 179, 1999
am No 88, 2013; No 96, 2014
s. 12AB ad. No. 179, 1999
am No 88, 2013; No 96, 2014
s. 12AC ad. No 179, 1999
am No 88, 2013; No 96, 2014
s. 12AD ad. No. 179, 1999
s. 12AE ad. No. 179, 1999
am. No. 101, 2006
s. 12AF ad. No. 179, 1999
am No 88, 2013; No 96, 2014; No 55, 2016
Part IIIB
Part IIIB ad. No. 181, 1994
ss. 12D–12F ad. No. 181, 1994
Part IV
s. 13 am. No. 181, 1994; No. 179, 1999
rep. No. 91, 2000
s. 14 rep. No. 123, 1984