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TAXATION ADMINISTRATION ACT 1953 - SECT 8AAZA

Definitions

                   In this Part, unless the contrary intention appears:

"company" includes any body or association (whether or not it is incorporated), but does not include a partnership or a non-entity joint venture.

"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 TSL repayment amount" has the same meaning as in the Trade Support Loans Act 2014 .

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

"credit" includes:

                     (a)  an amount that the Commissioner must pay to a taxpayer under a taxation law (other than the Product Grants and Benefits Administration Act 2000 or Division 18 (refunds) of the A New Tax System (Luxury Car Tax) Act 1999 ), whether or not described as a credit; and

                     (b)  an amount received by the Commissioner in respect of a taxpayer as a result of the Commissioner having made a claim that is similar in nature to a foreign revenue claim (as defined in section 263-10 in Schedule 1).

"entity" means any of the following:

                     (a)  a company;

                     (b)  a partnership;

                     (c)  a person in a particular capacity of trustee;

                     (d)  a body politic;

                     (e)  a corporation sole;

                      (f)  any other person.

"excess non-RBA credit" means a credit that arises under section 8AAZLA or 8AAZLB.

"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.

"non-entity joint venture" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

"non-RBA tax debt" means a tax debt other than an RBA deficit debt.

"primary tax debt" means any amount due to the Commonwealth directly under a taxation law (other than, except in Division 4, the Product Grants and Benefits Administration Act 2000 ), including any such amount that is not yet payable.

"RBA" means a running balance account established under section 8AAZC.

"RBA deficit debt" , in relation to an RBA of an entity, means a balance in favour of the Commissioner, based on:

                     (a)  primary tax debts that have been allocated to the RBA and that are currently payable; and

                     (b)  payments made in respect of current or anticipated primary tax debts of the entity, and credits to which the entity is entitled under a taxation law, that have been allocated to the RBA.

"RBA group" means a GST group under Division 48 of the A New Tax System (Goods and Services Tax) Act 1999 .

"RBA statement" means a statement prepared by the Commissioner under section 8AAZG.

"RBA surplus" , in relation to an RBA of an entity, means a balance in favour of the entity, based on:

                     (a)  primary tax debts that have been allocated to the RBA; and

                     (b)  payments made in respect of current or anticipated primary tax debts of the entity, and credits to which the entity is entitled under a taxation law, that have been allocated to the RBA.

"secondary tax debt" means an amount that is not a primary tax debt, but is due to the Commonwealth in connection with a primary tax debt.

Note:          An example of a secondary tax debt is an amount due to the Commonwealth under an order of a court made in a proceeding for recovery of a primary tax debt.

"tax debt" means a primary tax debt or a secondary tax debt.

"tax debtor" means:

                     (a)  in relation to a tax debt--the person or persons who are liable for the tax debt; and

                     (b)  in relation to an RBA--the person or persons who are liable for the tax debts that are allocated to the RBA.



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