Taxation Administration Act 2001
sec.61Interest on particular overpayments following court’s or QCAT’s decision
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sec.61 Interest on particular overpayments following court’s or QCAT’s decision
This section applies if a taxpayer is entitled to a refund of tax or late payment interest (the overpaid amount ) because of— a reassessment giving effect to a decision of the Supreme Court under section 70C on an appeal by the taxpayer; or 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 a reassessment giving effect to a decision of QCAT on an application for review made by the taxpayer under section 69 . The court or QCAT may order the commissioner to pay interest on the overpaid amount. 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. s 61 amd 2009 No. 24 s 1884 : 2009 No. 48 s 192 ; 2016 No. 64 s 74 (sec.61-ssec.1) This section applies if a taxpayer is entitled to a refund of tax or late payment interest (the overpaid amount ) because of— a reassessment giving effect to a decision of the Supreme Court under section 70C on an appeal by the taxpayer; or 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 a reassessment giving effect to a decision of QCAT on an application for review made by the taxpayer under section 69 . (sec.61-ssec.2) The court or QCAT may order the commissioner to pay interest on the overpaid amount. (sec.61-ssec.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.
- (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 .