Commonwealth Consolidated Acts

INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 214.100

General rule

  (1)   Unless this section provides otherwise, franking deficit tax assessed for the entity because of events that have occurred, or are taken to have occurred, during the balancing period is due and payable on the last day of the month immediately following the end of the balancing period.

Amended assessments--other than because of deficit deferral

  (2)   If:

  (a)   the Commissioner amends a franking assessment for the entity for the balancing period (the earlier assessment ) other than because of the operation of section   214 - 30 (an amendment because of a refund of tax that affects franking deficit tax liability); and

  (b)   the amount of franking deficit tax payable under the amended assessment exceeds the amount of franking deficit tax payable under the earlier assessment;

the excess amount is due and payable one month after the day on which the assessment was amended.

Tax payable because of deficit deferral

  (3)   If:

  (a)   the entity receives a refund of income tax; and

  (b)   the receipt of the refund gives rise to a liability, or an increased liability, to pay franking deficit tax because of the operation of subsection   205 - 30(2) or (3);

the franking deficit tax or, if there is an increase in an existing liability to pay franking deficit tax, the difference between the original liability and the increased liability, is due and payable on:

  (c)   if the entity accounts for the liability, or increased liability, in a franking return that is outstanding for the balancing period in which the liability arose--the day on which the outstanding return is required to be given to the Commissioner; or

  (d)   in any other case--14 days after the day on which the refund was received.