95Payment of interest

### 95 Payment of interest > [*\[Section 95 Amended by No. 60 of 2002, s. 37, Applied:19 Dec 2002\]*](/view/html/inforce/2002-12-19/act-2002-060#GS37@EN) [*\[Section 95 Substituted by No. 8 of 2008, s. 44, Applied:02 May 2008\]*](/view/html/inforce/2008-05-02/act-2008-008#GS44@EN) > > > (1)  In addition to an amount refunded under this Division the Commissioner is required to pay interest on the amount calculated at the market rate referred to in [section 35(1)(a)](#GS35@Gs1@Hpa@EN) on a daily basis from whichever of the following is the later until the date of the refund: > > > > > > (a) the date of payment of the amount overpaid; > > > > > > > (b) the date on which the Commissioner made the assessment to which the objection and appeal relates. > > > (1A)  [*\[Section 95 Subsection (1A) inserted by No. 43 of 2016, s. 29, Applied:31 Oct 2016\]*](/view/html/inforce/2016-10-31/act-2016-043#GS29@EN) Despite [subsection (1)](#GS95@Gs1@EN) , the Commissioner – > > > > > > (a) may apply so much of any interest calculated in accordance with that subsection against any liability of the relevant person under a taxation law, or another Act of which the Commissioner has the general administration; and > > > > > > > (b) is not required to pay under that subsection so much of an amount of interest as is applied under [paragraph (a)](#GS95@Gs1A@Hpa@EN) . > > > (2)  The Commissioner is not required to pay interest under [subsection (1)](#GS95@Gs1@EN) on an amount refunded unless the amount of interest exceeds $20.00.