Commonwealth Numbered Acts

TRUST RECOUPMENT TAX ASSESSMENT ACT 1985 No. 9 of 1985 - SECT 9

9. (1) Where-

   (a)  trust recoupment tax is or was payable on a secondary taxable amount
        and trust recoupment tax is payable on the primary taxable amount by
        reference to trust recoupment tax on which the
        secondary taxable amount was ascertained; and

   (b)  an amount of trust recoupment tax on that primary taxable amount is
        paid, there shall be deemed to be applied, or to have been applied, in
        reduction of the trust recoupment tax that is or was payable on the
        secondary taxable amount, an amount equal to the amount paid as
        mentioned in paragraph (b).

(2) Where-

   (a)  trust recoupment tax is or was payable on a primary taxable amount and
        trust recoupment tax is payable on a secondary taxable amount
        ascertained by reference to trust recoupment tax on the
        primary taxable amount; and

   (b)  an amount of trust recoupment tax on the secondary taxable amount is
        paid, an amount equal to the amount paid as mentioned in paragraph (b)
        shall be deemed to be applied, or to have been applied, in reduction
        of the trust recoupment tax that is or was payable on the
        primary taxable amount.

(3) Where under this section an amount is deemed to be applied, or to have
been applied, in reduction of the trust recoupment tax that is or was payable
on a taxable amount, being trust recoupment tax that includes or included late
payment tax, the amount shall, to the extent to which it does not exceed the
amount of that late payment tax, be deemed to be applied, or to have been
applied, in reduction of that late payment tax and the balance (if any) shall
be deemed to be applied, or to have been applied, in reduction of the
remaining trust recoupment tax.
(4) In this section, "trust recoupment tax" includes late payment tax and
penalty tax.