Taxation Administration Act 2001

The commissioner may refund an amount and pay any section 61A interest for the amount to a taxpayer or, under section 38, apply an amount and any section 61A interest for the amount as a payment for a taxpayer only if the commissioner is satisfied—

the taxpayer has not received, and will not receive, an amount as tax from another person for all or part of the tax paid; or

if the taxpayer has received an amount as tax (the amount received) from another person for all or part of the tax paid, the taxpayer will—

reimburse the other person for the amount received; and

if section 61A interest is payable to the taxpayer for the amount—pay the other person the section 61A interest for the amount received.

A court or QCAT must not make an order relating to the refund that is inconsistent with subsection (1).

If subsection (1)(b) applies, the taxpayer must—

within 90 days after receiving the refund (the relevant period), reimburse the other person for the amount received and pay the person any section 61A interest for the amount; and

within 7 days after the relevant period, give the commissioner written notice that the other person has been reimbursed for the amount received and paid any section 61A interest for the amount.

Also, if subsection (1)(b) applies and the taxpayer does not, within the relevant period, reimburse the other person for the amount received or pay the person any section 61A interest for the amount, the taxpayer must, within 7 days after the relevant period—

give the commissioner written notice that the other person was not reimbursed for the amount received or paid the interest; and

pay the commissioner—

the amount received and any section 61A interest paid by the commissioner to the taxpayer for the amount received; and

interest on the balance payable under subparagraph (i) calculated on a daily basis at the prescribed rate, from the date the refund or section 61A interest was paid by the commissioner to the taxpayer, to the date the amount payable under subparagraph (i) is paid to the commissioner in full.

Maximum penalty—100 penalty units.

In this section—section 61A interest see section 38(6).tax means tax paid, or purportedly paid, under a tax law, whether or not under a mistake of law or fact.taxpayer includes a person who, under section 37(1)(b), is entitled to a refund.