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BETTING TAX ACT 2018 - SECT 56
Application of particular refund amounts
56 Application of particular refund amounts
(1) This section applies if, on an original assessment of a betting
operator’s annual liability or final liability, the betting operator is
entitled to either of the following (each a
"relevant refund amount" )— (a) an annual refund amount;
(b) a final refund
amount.
Note— See the Taxation Administration Act 2001 , part 4 ,
division 2 in relation to entitlement to refunds on reassessments.
(2) The
commissioner may apply the whole or part of the relevant refund amount as
payment for— (a) a tax law liability of the betting operator; or
(b) a
tax law liability that the commissioner reasonably believes will become
payable by the betting operator within 60 days after the entitlement to the
amount arises.
(3) If the commissioner does not apply the whole or part of
the relevant refund amount as payment for a liability mentioned in
subsection (2) within 60 days after the entitlement to the amount arises, the
commissioner must immediately refund to the betting operator the amount not
applied.
(4) This section applies despite the
Taxation Administration Act 2001 , section 36 .
(5) The
Taxation Administration Act 2001 , section 39 applies to a refund of an
amount to the betting operator, or an application of an amount as payment for
the betting operator, under this section.
(6) In this section—
"original assessment" see the Taxation Administration Act 2001 , schedule 2 .
"reasonably believes" means believes on grounds that are reasonable in the
circumstances.
"tax law liability" see the Taxation Administration Act 2001 , schedule 2 .
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