37
CurrentCommissioner to refund tax and other amounts
Part 4Payments and refunds of tax and other amounts
Division 2Refunds of tax and other amounts and particular payments to taxpayers
37 Commissioner to refund tax and other amounts
(1)
An entitlement to a refund of an amount paid under a tax law arises if—
(a)
under a reassessment, a taxpayer’s liability for tax is decreased; or
(b)
the amount paid by a person is more than the amount stated in any notice as payable by the person under the tax law.
(2)
Subject to sections 38 and 39, the commissioner must refund the overpaid amount.
(3)
However, the commissioner must not make a refund under subsection (1)(b) more than 5 years after the payment of the amount.
This Act’s bill:Explanatory memorandum
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