Commonwealth Consolidated Acts

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INTERNATIONAL TAX AGREEMENTS ACT 1953 - SECT 20

Collection of tax due to the United States of America

             (1)  The purpose of this section is to enable the Government of Australia to give effect to its obligation under paragraph (5) of Article 25 of the United States convention (as amended) and accordingly the amounts of United States tax to which this section applies are amounts of United States tax the collection of which is necessary in order to ensure that the benefit of exemptions from United States tax, or of reductions in rates of United States tax, provided for by the convention is not received by a person not entitled to that benefit.

             (2)  Where a person is liable to pay an amount of United States tax to which this section applies, there is payable by that person to the Commissioner as a debt due to the Queen on behalf of Australia an amount equivalent to that amount, and the amount so payable may be sued for and recovered in any court of competent jurisdiction by the Commissioner, a Second Commissioner or a Deputy Commissioner suing in his or her official name.

             (3)  An amount payable to the Commissioner under the last preceding subsection may be collected by the Commissioner under section 218 of the Assessment Act and, for that purpose, a reference in that section to a taxpayer shall be read as a reference to the person by whom that amount is payable and a reference to an amount due by a taxpayer in respect of tax shall be read as a reference to the amount so payable.

             (4)  The Commissioner, a Second Commissioner or a Deputy Commissioner may, by writing under his or her hand, certify:

                     (a)  that, on a date specified in the certificate, a person specified in the certificate was liable to pay an amount of United States tax;

                     (b)  that that amount was an amount of United States tax to which this section applies; and

                     (c)  that an amount specified in the certificate is an amount equivalent to the amount of United States tax;

and such a certificate is, in all courts and for all purposes, prima facie evidence of the matters stated in the certificate and that the person specified in the certificate has, during the period from the date specified in the certificate until the date of the certificate, continued to be liable to pay the amount of United States tax.

             (5)  The Commissioner shall pay to the Government of the United States of America an amount equal to any amount paid or recovered by virtue of this section.

             (6)  In this section:

"United States convention (as amended) " means the United States convention as amended by the United States protocol (No. 1).

"United States tax " has the same meaning as in the United States convention (as amended).



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