Document ID: chunk:federal_register_of_legislation:C2025C00029:section:11:p25
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 11 (pt 25/64)
Character Range: 3356892–3359423

made.
Note: For provisions about collection and recovery of untainting tax, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

197‑75  General interest charge for late payment of untainting tax
  If any of the *untainting tax that a company is liable to pay remains unpaid 60 days after the day by which it is due to be paid, the company is liable to pay the *general interest charge on the unpaid amount for each day in the period that:
 (a) started at the beginning of the 60th day after the day by which the untainting tax was due to be paid; and
 (b) ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:
 (i) the untainting tax;
 (ii) general interest charge on any of the untainting tax.

197‑80  Notice of liability to pay untainting tax
 (1) The Commissioner may give a company, by post or otherwise, a notice specifying:
 (a) the amount of any *untainting tax that the Commissioner has ascertained is payable by the company; and
 (b) the day on which that tax became or will become due and payable.

Effect of notice on liability etc.
 (2) Subject to section 197‑85, the amount of the liability of a company to *untainting tax, and the due date for payment of the tax, are not dependent on, or in any way affected by, the giving of a notice.

Amendment of notice
 (3) The Commissioner may at any time amend a notice. An amended notice is a notice for the purposes of this section.

Inconsistency between notices
 (4) If there is an inconsistency between notices that relate to the same subject matter, the later notice prevails to the extent of the inconsistency.

Objections
 (5) A company that is dissatisfied with a notice made in relation to the company may object against the notice in the manner set out in Part IVC of the Taxation Administration Act 1953.

197‑85  Evidentiary effect of notice of liability to pay untainting tax
 (1) The production of:
 (a) a notice given under section 197‑80; or
 (b) a document that is signed by the Commissioner and appears to be a copy of such a notice;
is conclusive evidence that:
 (c) the notice was duly given; and
 (d) the amount of *untainting tax specified in the notice became due and payable by the company to which it was given on the day specified in the notice.
 (2) Subsection (1) does not apply in proceedings under Part IVC of the Taxation Administration Act 1953 on a review or appeal relating to the review.

Income Tax Assessment Act 1997

No. 38, 1997

Compilation No. 256

Compilation