Tax Administration Act 1994

Interest - General provisions

120E: Amount of interest payable

You could also call this:

"How much interest you pay or get on your tax"

Illustration for Tax Administration Act 1994

You pay interest on unpaid tax or get interest on overpaid tax. The amount of interest is calculated each day using a formula: t × r ÷ 365. The formula uses the unpaid or overpaid tax amount and the Commissioner's paying rate or your paying rate. You calculate the interest for each day and add it up for the whole interest period. The total interest is the sum of the daily interest amounts. The amount of interest outstanding at any time is the sum of the daily interest amounts up to that time, minus any interest already paid. This is subject to section 120EA.

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120D: Liability to pay interest, or

"Paying interest on unpaid or overpaid tax"


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120EA: Amount of interest payable to or by life insurers, or

"Interest owed to or by life insurance companies"

Part 7Interest
General provisions

120EAmount of interest payable

  1. The amount of interest payable—

  2. by a taxpayer on unpaid tax; or
    1. by the Commissioner on overpaid tax,—
      1. is calculated for each day in the interest period in accordance with the following formula:
        t × r ÷ 365

        Where:

        • t t

          is the unpaid tax or overpaid tax on which the interest is payable; and

        • r r

          is the Commissioner's paying rate or the taxpayer's paying rate applying on the day.

      2. The amount of interest payable in an interest period, is the sum of the amounts calculated under subsection (1) for each day in the interest period.

      3. The amount of interest outstanding at any time in an interest period is—

      4. the sum of the amounts calculated under subsection (1) for each day in the interest period that falls before that time; less
        1. any interest that has been paid by that time.
          1. This section is subject to section 120EA.

          Notes
          • Section 120E: inserted, on , by section 36(1) of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).
          • Section 120E(4): inserted, on (applying to 1997–98 and subsequent income years), by section 461 of the Taxation (Core Provisions) Act 1996 (1996 No 67).