Commonwealth Consolidated Acts

FRANCHISE FEES WINDFALL TAX (COLLECTION) ACT 1997 - SECT 9

State must withhold and remit windfall tax

             (1)  A State that is liable to repay a taxable amount must not repay or otherwise apply the taxable amount without first having deducted the tax on the taxable amount.

             (2)  As soon as practicable after making a deduction under subsection (1), the State must notify the taxpayer in writing that the deduction was made.

             (3)  A State that makes a deduction under subsection (1) must remit it to the Commissioner within 21 days after the end of the month in which the deduction is made. The remitted tax must be accompanied by a statement that:

                     (a)  sets out the amount deducted; and

                     (b)  identifies the taxpayer.

State discharged from liability to account

             (4)  When a State makes a deduction from a taxable amount under subsection (1) (or purportedly under subsection (1)), the State is discharged from any liability to pay or account for the amount deducted to any person other than the Commissioner.