175‑70 Collection of penalty by Commissi175‑70 Collection of penalty by Commissioner of Taxation

#### 175‑70 Collection of penalty by Commissioner of Taxation (1) For the purposes of Part IIB of the Taxation Administration Act 1953 (Running balance accounts, application of payments and credits, and related matters): (a) treat the penalty in the same way as a primary tax debt; and (b) treat general interest charge (if any) under section 175‑65 in respect of the penalty in the same way as a primary tax debt. > Note: This allows the Commissioner of Taxation to add the penalty to an entity’s running balance account. (2) For the purposes of Chapter 4 in Schedule 1 to the Taxation Administration Act 1953 (Generic collection and recovery rules): (a) treat the penalty in the same way as a tax‑related liability; and (b) treat general interest charge (if any) under section 175‑65 in respect of the penalty in the same way as a tax‑related liability. > Note: When the penalty is due and payable (see section 175‑55), it is a debt due to the Commonwealth and payable to the Commissioner of Taxation (see section 255‑5 in Schedule 1 to the Taxation Administration Act 1953). (3) If the Commissioner gives an entity a written notice under section 175‑50, the Commissioner must notify the Commissioner of Taxation that he or she has done so. (4) If the Commissioner later remits all or a part of the penalty under section 175‑60, the Commissioner must notify the Commissioner of Taxation that he or she has done so. (5) The Commissioner of Taxation must notify the Commissioner of any action taken to recover a debt attributable to the penalty, if the Commissioner requests the Commissioner of Taxation in writing to do so.