Document ID: chunk:federal_register_of_legislation:C2013A00082:clause:3_5:p2
Version: federal_register_of_legislation:C2013A00082
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 2/2)
Character Range: 28652–30875

provisions
293‑230 Who is entitled to a refund
293‑235 Amount of the refund
293‑240 Entitlement to refund stops all Division 293 tax liabilities

Operative provisions

293‑230  Who is entitled to a refund
  You are entitled to a refund if:
 (a) you have made payments of any of the following:
 (i) *assessed Division 293 tax;
 (ii) a voluntary payment made under section 133‑70 in Schedule 1 to the Taxation Administration Act 1953 for the purpose of reducing the amount by which a debt account for a *superannuation interest is in debit;
 (iii) *debt account discharge liability; and
 (b) you receive a *departing Australia superannuation payment; and
 (c) you apply to the Commissioner in the *approved form for the refund.
Note: How the refund is applied is set out in Part IIB of the Taxation Administration Act 1953.

293‑235  Amount of the refund
 (1) The amount of the refund to which you are entitled is the sum of the payments mentioned in paragraph 293‑230(a) that you have made.
 (2) However, the amount of the refund is reduced by the amount of any refunds to which you are entitled under a previous application of this Subdivision.

Exception—Division 293 tax attributable to period when you are an Australian resident
 (3) Despite subsection (1), if:
 (a) at any time in your 2012‑13 income year, or a later income year, you are an Australian resident (but not a *temporary resident); and
 (b) a payment mentioned in paragraph 293‑230(a) that you have made relates, or is reasonably attributable, to that income year;
the payment is to be disregarded in working out under subsection (1) of this section the amount of the refund to which you are entitled.

293‑240  Entitlement to refund stops all Division 293 tax liabilities
 (1) The Commissioner may decide to release you from any existing or future liability to pay *Division 293 tax or *debt account discharge liability if:
 (a) you become entitled to a refund under section 293‑230; or
 (b) you would become entitled to such a refund, if you were to pay the liability and paragraph 293‑230(c) were disregarded.
 (2) The Commissioner may take such action as is necessary to give effect to a decision under subsection (1).

Taxation Administration Act 1953