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s 61

Interest on particular overpayments following court’s or QCAT’s decision

In force
Part 5Interest and penalty tax
Division 3Interest payable by commissioner

61 Interest on particular overpayments following court’s or QCAT’s decision

(1)

This section applies if a taxpayer is entitled to a refund of tax or late payment interest (the overpaid amount) because of—

(a)

a reassessment giving effect to a decision of the Supreme Court under section 70C on an appeal by the taxpayer; or

(b)

an order of the Supreme Court on an application, under the Judicial Review Act 1991, by the taxpayer for a decision under a tax law; or

(c)

a reassessment giving effect to a decision of QCAT on an application for review made by the taxpayer under section 69.

(2)

The court or QCAT may order the commissioner to pay interest on the overpaid amount.

(3)

The interest must be calculated on a daily basis at the prescribed rate from the date the overpaid amount was paid to the commissioner to the date the refund is made by the commissioner.

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