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Taxation Administration Act 1953
18‑40 Credit: liability under Part 4‑2518‑40 Credit: liability under Part 4‑25
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#### 18‑40 Credit: liability under Part 4‑25
(1) If an entity has paid to the Commissioner:
(a) an amount of penalty under Subdivision 284‑C in relation to a \*scheme to which paragraph 177C(1)(bc) of the Income Tax Assessment Act 1936 applies for a \*withholding payment; or
(b) an amount of \*general interest charge under section 298‑25 in relation to that amount;
the entity liable to pay the \*withholding tax for that withholding payment is entitled to a credit equal to the amount paid by the entity.
Remission
(2) If:
(a) an entity has paid an amount under Subdivision 284‑C in relation to a penalty mentioned in paragraph (1)(a); and
(b) the Commissioner remits the whole or a part of the amount of the penalty under section 298‑20;
then:
(c) any credit under subsection (1) relating to the amount paid by the entity is reduced by the amount that is remitted; and
(d) the Commissioner must pay to the entity an amount equal to the amount that is remitted.
(3) If:
(a) an entity has paid to the Commissioner an amount of \*general interest charge mentioned in paragraph (1)(b); and
(b) the Commissioner remits the whole or a part of the amount of the charge under section 8AAG;
then:
(c) any credit under subsection (1) relating to the amount is reduced by the amount that is remitted; and
(d) the Commissioner must pay to the entity an amount equal to the amount that is remitted.