Document ID: chunk:federal_register_of_legislation:C2010C00673:body:0:p65
Version: federal_register_of_legislation:C2010C00673
Segment Type: other
Provision Reference: 
Character Range: 161571–164167

the excess as is attributable to a
particular payment mentioned in paragraph (b) - for the period
from the beginning of the day on which the payment was made
until the end of the day on which the post-notice crediting
occurs; and
  (d) on so much of the excess as is not attributable to
payments mentioned in paragraph (b) - for the period from the
beginning of the day on which the notice of assessment is
issued until the end of the day on which the post-notice
crediting occurs.
  "(4) For the purposes of subsection (3), but subject to
subsection (5), the excess is attributable to a particular
payment to the extent that it would be set off against that
payment if it were set off in succession against each of the
payments in the reverse of the order in which they were made.
  "(5) For the purposes of subsection (4), any payment is to be
disregarded to the extent that:
  (a) it consists of an amount on which interest is payable
under section 9; or
  (b) it has been taken into account in any previous
application of subsection (4) of this section in relation to a
post-notice crediting occurring before the current post-notice
crediting.
Entitlement to interest-relevant entities and instalment taxpayers
  "8G. (1) If:
  (a) a person who is a relevant entity or an instalment
taxpayer furnishes a return of income for a year of income; and
  (b) after the person furnishes the return, the Commissioner
credits, applies or refunds (which crediting, applying or
refunding is the 'first crediting') one or more income tax
crediting amounts in relation to the income tax payable by the
person for the year of income; and
  (c) the Commissioner has not previously credited, applied or
refunded any income tax crediting amount in relation to the
income tax payable by the person for the year of income; and
  (d) the sum of the income tax crediting amounts in paragraph
        (b) exceeds the sum of the following amounts:
    (i) income tax payable by the person for the year of income
(after allowing any rebate or deduction under subsection 100(2)
of the Tax Act and before any crediting, applying or other
payment);
    (ii) additional tax for the year of income payable by the
person under Part VII of the Tax Act immediately before the
first crediting;
    (iii) interest for the year of income payable by the person
under section 102AAM of the Tax Act immediately before the
first crediting; and
  (e) if the person furnishes the return of income for the year
of income 30 days or more before the final instalment day in
relation to the year of income - the first crediting occurs 30