ATO National Tax Equivalent Regime

PART 3: ADMINISTRATION OF THE NTER

COMMISSIONER TO ADMINISTER NTER

18. The Commissioner will undertake administration of the NTER and may delegate any or all of the NTER related activities, listed at Attachment 2, to officers of the Australian Taxation Office.

RELATIONSHIP BETWEEN ENTITIES & COMMISSIONER

19. The relationship between the Commissioner and the NTER entities will be based substantially on the same rights and responsibilities which exist between taxpayers and the Commissioner under the federal income tax laws.

20. However, the clear intention is for the NTER to be carried on in a spirit of cooperation between the Commissioner, the States and Territories and the NTER entities. As such, the relationship between the Commissioner and the entities should be less formal than a relationship based purely on the law.

21. Unless a contrary intention is provided in this Manual, the Commissioner will be subject to the same performance standards, principles and obligations with respect to dealings with the NTER entities as exist under the federal income tax laws and the Commissioner's administrative practices in relation to taxpayers.

22. The standards, principles and obligations to be followed by the Commissioner in the NTER include those contained in the relevant taxation laws, the Taxpayers' charter and the ATO's online publication titled Insight: building trust and confidence .

NTER RELATED ACTIVITIES OF THE COMMISSIONER

23. The Commissioner will undertake administration of the NTER by undertaking the NTER related activities listed at Attachment 2.

24. The Commissioner will also report periodically to State and Territory Treasuries, providing information about payments due and payable by or to their NTER entities, NTER related activities and general 'health of the system' matters.

NTER RELATED INFORMATION

24A. The State or Territory to which an NTER entity belongs will be entitled to copies of any NTER related information (e.g. NTER PAYG instalment reports, NTER annual returns) about that entity provided to or held by the Commissioner in undertaking his administration of the NTER.

24B. Section 3C of the TAA 1953 (requiring the Commissioner to publish specified information about large corporate tax entities) will not apply notionally to NTER entities. Therefore, the Commissioner will not be required to make publicly available the NTER related information mentioned in subsection 3C(3) of the TAA 1953 in respect of any NTER entity.

ATO CONTACT DETAILS FOR NTER

25. The address of the Commissioner for lodgment of all NTER related material (including general correspondences, requests, returns and statements), and the contact details where NTER related inquiries are to be directed, are provided at Attachment 5.