Queensland Consolidated Acts

TAXATION ADMINISTRATION ACT 2001 - SECT 61

61 Interest on particular overpayments following court’s or QCAT’s decision

(1) This section applies if a taxpayer is entitled to a refund of tax or late payment interest (the
"overpaid amount" ) because of—

(a) a reassessment giving effect to a decision of the Supreme Court under section 70C on an appeal by the taxpayer; or

(b) an order of the Supreme Court on an application, under the Judicial Review Act 1991 , by the taxpayer for a decision under a tax law; or

(c) a reassessment giving effect to a decision of QCAT on an application for review made by the taxpayer under section 69 .

(2) The court or QCAT may order the commissioner to pay interest on the overpaid amount.

(3) The interest must be calculated on a daily basis at the prescribed rate from the date the overpaid amount was paid to the commissioner to the date the refund is made by the commissioner.