Taxation Law (Miscellaneous Amendments) Act 2002

Taxation Law (Miscellaneous Amendments) Act 2002

An Act to amend the Land Tax Act 2000 and the Taxation Administration Act 1997

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Taxation Law (Miscellaneous Amendments) Act 2002 .

2.   Commencement

(1)  Section 3 and Schedule 1 are taken to have commenced on 1 July 2001.

(2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.   

See Schedule 1 .

4.    Taxation Administration Act 1997 amended

The legislation specified in Schedule 2 is amended as specified in that Schedule.

SCHEDULE 1 - Land Tax Act 2000 amended

The amendments effected by Section 3 and this Schedule have been incorporated into the authorised version of the Land Tax Act 2000 .

SCHEDULE 2 - Taxation Administration Act 1997 amended

[Commences: 30 May 2002]

Section 4

Taxation Administration Act 1997

1.    Section 27 is amended by inserting after subsection (3) the following subsection:

(4)  An amount by which tax is overpaid is taken to be tax for the purpose of this Part.

2.    Section 35 is repealed and the following section is substituted:

35.   Interest rate

(1)  The interest rate is the sum of –

(a) the market rate component; and

(b) the premium component of 8% per annum.

(2)  The market rate component is –

(a) unless an order is in force under paragraph (b) , the Bank Accepted Bill rate rounded to the second decimal place (rounding 0.005 upwards); or

(b) the rate the Minister specifies by order published in the Gazette.

(3)  The Bank Accepted Bill rate in respect of any day is the yield rate for 90-day Bank Accepted Bills published by the Reserve Bank for the month of May in the financial year preceding the financial year in which the day occurs.

3.    Section 51(2) is amended by inserting after paragraph (d) the following paragraph:

(da) conditions requiring the payment of interest at the interest rate on any amount of tax not paid at the specified time; and

4.    Section 56 is amended by omitting subsection (2) and substituting the following subsections:

(2)  If 2 or more persons are jointly and severally liable to pay an amount of tax under a taxation law that is payable by any one of them, each person is also jointly and severally liable to pay –

(a) any amount payable to the Commissioner under a taxation law in relation to that amount, including any interest and penalty tax; and

(b) any costs and expenses incurred in relation to the recovery of that amount that the Commissioner is entitled to recover from any such person.

(3)  A person who pays an amount of tax in accordance with this section has rights of contribution or indemnity from the other person or persons as are just.

5.    Section 59 is amended by inserting after subsection (2) the following subsection:

(3)  The Commissioner may remit, in whole or in part, the payment of any interest required to be paid by a condition imposed under subsection (2) in any circumstances the Commissioner considers appropriate.

6.    Section 67 is amended by omitting subsections (1) and (2) and substituting the following subsections:

(1)  An authorised officer may take and retain possession of any record provided under section 65 or produced under section 71(1)(a) only –

(a) to enable the record to be inspected; and

(b) for copies of, or extracts or notes from, the record to be made or taken by or on behalf of the authorised officer.

(1A)  If a record is provided or produced to an authorised officer on the premises where the record is usually kept, the authorised officer may remove it from those premises only –

(a) with the consent of the owner, the occupier of the premises or the person in physical occupation of the premises; or

(b) if it is not practicable to inspect or copy, or take extracts or notes from, the record on the premises.

(1B)  An authorised officer may remove an instrument seized under section 71(1)(d) from the premises where the instrument is usually kept if any tax payable in respect of that instrument has not been paid.

(1C)  An authorised officer may retain possession of –

(a) an instrument if the instrument is seized under section 71(1)(d) , until the tax payable in respect of that instrument has been paid; or

(b) any other record for up to and including 28 days, without the consent of the person entitled to possession of it.

(2)  An authorised officer is to permit a person who would be entitled to inspect the record if it were not in the possession of the authorised officer to inspect the record at any reasonable time.

7.    Section 80 is amended by inserting after subsection (1) the following subsections:

(1A)  A decision of the Commissioner referred to in subsection (1)(b) does not include a refusal by the Commissioner to refund tax paid or purportedly paid.

(1B)  An amount by which tax is overpaid is taken to be tax for the purpose of subsection (1A) .

8.    Section 94 is repealed and the following section is substituted:

94.   Refund of amount

(1)  If a taxpayer's objection to an assessment is allowed in whole or in part or a taxpayer's review or appeal is upheld, the Commissioner must refund any amount paid in excess of a requirement for payment under the relevant taxation law.

(2)  If a taxpayer's objection to a decision other than an assessment is allowed in whole or in part or a taxpayer's review or appeal is upheld, the Commissioner must refund any amount paid in the relevant period in excess of a requirement for payment under the relevant taxation law.

(3)  A relevant period for the purpose of subsection (2) is a period of 3 years immediately preceding the earlier of the following:

(a) the date of the decision;

(b) if the decision was made in response to a written request from the taxpayer that included a description of the facts and circumstances on which the request was based, the date of the request for the decision.

9.    Schedule 1 is amended as follows:

(a) by inserting the following subclauses after subclause (2) in clause 5 :

(3) If a tax default occurred under a taxation law before the commencement day –

(a) the Commissioner may make an assessment under this Act of any additional tax that would have been payable or assessable under that taxation law in relation to the default; and

(b) this Act applies as if the additional tax were penalty tax.

(4) In this clause,

additional tax means an additional amount payable by way of tax, penalty tax, fine or duty under a taxation law as in force immediately before the commencement day.

(b) by inserting the following subclauses after subclause (3) in clause 10 :

(4) Section 80(1A) applies to –

(a) any refusal by the Commissioner to refund tax paid or purportedly paid that was made before the commencement of the Taxation Law (Miscellaneous Amendments) Act 2002; and

(b) a failure by the Commissioner to refund the tax within 3 months after the application for the refund is lodged that is taken to be a refusal to refund the tax.

(5) Section 94 applies to any assessment or decision made, any objection allowed or any review or appeal upheld before the commencement of the Taxation Law (Miscellaneous Amendments) Act 2002.