EMERGENCY SERVICES FUNDING ACT 1998 - SECT 21
EMERGENCY SERVICES FUNDING ACT 1998 - SECT 21
21—Recovery of levy not affected by objection or review
(1) The right of the
Commissioner to recover a levy is not suspended by—
(a) an
objection or review in respect of a valuation made or adopted under the
Valuation of Land Act 1971 ; or
(b) an
objection or review in respect of the attribution of a particular land use to
land.
(2) If an objection or
review results in the alteration of a valuation or a decision to attribute a
different land use to land, a due adjustment must be made and—
(a) any
amount overpaid must be refunded;
(b) any
additional amount payable on account of an alteration of the valuation or
decision may be recovered as an unpaid levy (but action to recover any such
amount must not be taken until at least 30 days have expired from the date on
which notification of the alteration is given to the person who initiated the
objection or review);
(c)
interest accrues on a daily basis on an amount to be refunded under
paragraph (a) from the day on which the levy to which the objection or
review relates was assessed as being payable or from the day on which the levy
was paid, whichever is the later, until the day the amount is refunded or
otherwise applied;
(d)
interest accrues on an unpaid amount referred to in paragraph (b) from
the expiration of 30 days from the day on which notification of the alteration
or decision referred to in paragraph (b) was given to the person who
initiated the objection or review until the day the amount is paid;
(e) the
interest rates that apply under this subsection are—
(i)
for the purposes of paragraph (c)—the market
rate (within the meaning of section 26 of the Taxation Administration
Act 1996 ); and
(ii)
for the purposes of paragraph (d)—the interest
rate applying for the time being under section 17J.