[4190] Affidavit of company director to revoke or reduce an estimate of liability to PAYG withholding
Title
Decision impact statement on Mandalinic v Stone (Liquidator) [2023] FCAFC 146
Purpose
This Decision impact statement outlines the ATO’s response to this decision of the Full Federal Court. The Court considered whether a company director could file an affidavit under table item 2 of subsection 268-40(1) of Schedule 1 to the Taxation Administration Act 1953 to effect a revocation or reduction of an estimate. The affidavit was filed in a proceeding to recover from the director a director’s penalty in relation to that estimate. That estimate was made under Division 268 in respect of pay as you go withholding liability of the company.
Comments
The Decision impact statement on Mandalinic v Stone (Liquidator) [2023] FCAFC 146 published on 19 February 2025. Comments period close on 21 March 2025.
Contact
Kurt Malcolm, Office of the Chief Tax Counsel
Phone: 03 9285 1620