Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p28
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 28/43)
Character Range: 626582–629258

to the payer; or
 (c) if the payment or *non‑cash benefit was in respect of a *Part VA investment made by the recipient in the course or furtherance of an *enterprise carried on by it—the recipient's *ABN;
if:
 (d) the payment, *alienated personal services payment or non‑cash benefit was in respect of any of the following provisions:
 (i) Subdivision 12‑B (payments for work or services);
 (ii) Subdivision 12‑C (Payments for retirement or because of termination of employment);
 (iii) Subdivision 12‑D (benefits and compensation payments);
 (iv) section 12‑140 or 12‑145 (recipient does not quote tax file number or ABN);
 (v) section 12‑175 or 12‑180 (Payment of income of closely held trust where TFN not quoted); and
 (e) when the application for the refund is made, or when the payer otherwise becomes aware of the matter mentioned in paragraph (1)(b) of this section, the payer has a record of none of the following:
 (i) the recipient's tax file number;
 (ii) the basis on which the recipient is taken to have quoted the tax file number to the payer;
 (iii) if paragraph (c) applies—the recipient's ABN.

When must the request be made
 (4) The request must be made within 7 working days (of the payer) after the payer receives the application for the refund or after the payer otherwise becomes aware of the matter mentioned in paragraph (1)(b) (as appropriate).

Recovery of refunded amount
 (5) If a payer refunds an amount under subsection (1), the payer may recover from the Commissioner as a debt due to the payer so much of the amount:
 (a) which is withheld as mentioned in subparagraph (1)(a)(i) and paid to the Commissioner, or which is paid to the Commissioner as mentioned in subparagraph (1)(a)(ia) or (ii); and
 (b) which the payer has not recorded as being offset under subsection (6).

Offsetting a refunded amount
 (6) If:
 (a) a payer refunds an amount (the refunded amount) under subsection (1); and
 (b) the amount withheld as mentioned in subparagraph (1)(a)(i) that the payer has paid to the Commissioner, or the amount paid to the Commissioner as mentioned in subparagraph (1)(a)(ia) or (ii), is equal to all or a part of the refunded amount; and
 (c) apart from this subsection, the payer would be required to pay to the Commissioner another amount or amounts under Division 13 or 14 (other than Subdivision 14‑D) or subsection 16‑70(1) (the payment to the Commissioner); and
 (d) the payer records in writing that it offsets all or a part of the amount paid to the Commissioner (as mentioned in paragraph (b)) against the payment to the Commissioner;
the payment to the Commissioner is reduced by so much of the amount as the payer so recorded