Commonwealth Consolidated Acts

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Retaining refunds until information or notification given

             (1)  The Commissioner may retain an amount that he or she otherwise would have to refund to an entity under section 8AAZLF, if the entity has not given the Commissioner a notification:

                     (a)  that affects or may affect the amount that the Commissioner refunds to the entity; and

                     (b)  that the entity is required to give the Commissioner under:

                              (i)  any of the BAS provisions (as defined in subsection 995-1(1) of the Income Tax Assessment Act 1997 ); or

                             (ii)  any of the petroleum resource rent tax provisions (as defined in that subsection); or

                            (iii)  any provision of a taxation law (other than a provision mentioned in subparagraph (i) or (ii)).

             (2)  The Commissioner may retain the amount until the entity has given the Commissioner that notification or the Commissioner makes or amends an assessment of the amount, whichever happens first.

Note:          Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in making the payment under subsection (2).

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