South Australian Consolidated Acts

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DEBITS TAX ACT 1994 - SECT 16

16—Refund of amounts incorrectly paid

        (1)         An application under Part 4 of the Taxation Administration Act 1996 for a refund of tax that has been overpaid by a financial institution under this Act may be made (subject to that Part)—

            (a)         if the amount has not been recovered by the financial institution from an account holder—by the financial institution; or

            (b)         if the amount has been so recovered—by the account holder as if the account holder were the financial institution (and hence the taxpayer).

        (2)         In the case of an application for a refund by an account holder as referred to in subsection (1), the Commissioner is not to refuse to make the refund on the ground that the amount to be refunded has been passed on to the account holder.



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