Commissioner must refund RBA surpluses and credits
8AAZLF Commissioner must refund RBA surpluses and credits
The Commissioner must refund to an entity so much of:
an RBA surplus of the entity; or
a credit (including an excess non‑RBA credit) in the entity’s favour;
as the Commissioner does not allocate or apply under Division 3.
Voluntary payments only to be refunded on request
However, the Commissioner is not required to refund an RBA surplus or excess non‑RBA credit that arises because a payment is made in respect of an anticipated tax debt of an entity unless the entity later requests, in the approved manner, that the Commissioner do so.
On receiving such a request, the Commissioner must refund so much of the amount as the Commissioner does not allocate or apply under Division 3.
Effect of refunding RBA surplus
If the Commissioner refunds an RBA surplus under this section, the Commissioner must reduce by the same amount excess non‑RBA credits that relate to the RBA.
Effect of refunding credit that relates to an RBA
If, under this section, the Commissioner refunds an excess non‑RBA credit that relates to an RBA, the RBA is adjusted in the Commissioner’s favour by the same amount.
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