Victorian Numbered Acts

STATE TAXATION ACTS AMENDMENT ACT 2015 (NO. 26 OF 2015) - SECT 39

For section 20 of the Taxation Administration Act 1997 substitute —

        "     20     When must Commissioner make a refund?

Subject to section 20A, the Commissioner must refund an overpaid amount if—

        (a)     the taxpayer has lodged an application for a refund with the Commissioner in accordance with section 19; and

        (b)     the Commissioner finds that an amount has been overpaid by the taxpayer.

        20A     Offset of refund against other liability

    (1)     Instead of making a refund to a taxpayer, the Commissioner may apply the overpaid amount—

        (a)     against any liability of the taxpayer to the State arising under, or by reason of, a taxation law or another Act of which the Commissioner has the general administration; or

        (b)     against any future liability of the taxpayer to the State arising under, or by reason of, a taxation law.

    (2)     Despite subsection (1), the Commissioner must not apply an overpaid amount towards a future liability unless—

        (a)     the taxpayer consents in writing; and

        (b)     the future liability arises within 60 days after the day on which refund becomes payable.

    (3)     If the taxpayer withdraws consent, the Commissioner must refund the taxpayer the overpaid amount.

    (4)     The Commissioner must refund the taxpayer any part of an overpaid amount that is not applied under subsection (1).

    (5)     This section does not apply in respect of a refund of a contribution paid under Part 9B of the Planning and Environment Act 1987 .".