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Tax Laws Amendment (2008 Measures No. 6) Bill 2009

Schedule 2 Mutual assistance in collection

   

Taxation Administration Act 1953

1  After subsection 263-30(1) in Schedule 1

Insert:

          (1A)  To avoid doubt, the amount owed by the debtor may not be the same as the amount (if any) entered in the Register.

2  Subsection 263-30(2) in Schedule 1

Omit “That amount”, substitute “The amount owed by the debtor”.

3  Section 263-35 in Schedule 1 (heading)

Repeal the heading, substitute:

363-35   Amending the Register etc.

4  After subsection 263-35(2) in Schedule 1

Insert:

          (2A)  To avoid doubt, the Commissioner may reduce an amount to be recovered from a debtor under paragraph (2)(b) without amending the Register.

5  Subsection 263-35(5) in Schedule 1

Repeal the subsection, substitute:

             (5)  If the Commissioner removes particulars of a * foreign revenue claim relating to the recovery of an amount from the Register under paragraph (2)(a) or subsection (4), the debtor is entitled to a credit for the purposes of Part IIB equal to the sum of:

                     (a)  the amount (as reduced by any previous application of subsection (6)); and

                     (b)  any * general interest charge for which the debtor is liable as a result of the foreign revenue claim.

Note:          How the credit is applied is set out in Part IIB.

6  Subsection 263-35(6) in Schedule 1

Omit “the amount of the reduction is taken never to have been payable by the debtor”, substitute “the debtor is entitled to a credit for the purposes of Part IIB equal to the amount of the reduction”.

7  At the end of subsection 263-35(6) in Schedule 1

Add:

Note:          How the credit is applied is set out in Part IIB.

8  At the end of section 263-40 in Schedule 1

Add:

             (3)  The Commissioner may also pay to the competent authority all or part of an amount that the Commissioner has received and that is attributable to any of the following in relation to the claim:

                     (a)  judgment interest;

                     (b)  costs that:

                              (i)  have been recovered in the course of legal proceedings; and

                             (ii)  represent an amount that has previously been paid by the competent authority to the Commonwealth in relation to the recovery of the claim.

9  Application

The amendments made by this Schedule apply to foreign revenue claims, the particulars of which are in the Register at the commencement of this Schedule or are entered in the Register after that commencement.