SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 5
-
Administration
History
Ch 5 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 44, effective 1 July 2006.
PART 5-5
-
RULINGS
History
Pt 5-5 inserted by No 179 of 1999.
Division 361
-
Non-ruling advice and general administrative practice
History
Div 357 to 361 substituted for Div 360 by No 161 of 2005, s 3 and Sch 2 item 1, applicable to things done on or after 1 January 2006. For transitional provisions and former wording of Div 360, see note under Div
357
heading.
SECTION 361-5
NON-RULING ADVICE AND GENERAL ADMINISTRATIVE PRACTICE
361-5(1)
You are not liable to pay the *general interest charge or the *shortfall interest charge under a relevant provision to the extent that the charge would relate to a *shortfall amount or a *scheme shortfall amount that was caused by:
(a)
you reasonably relying in good faith on:
(i)
advice (other than a ruling) given to you or your *agent by the Commissioner; or
(ii)
a statement in a publication approved in writing by the Commissioner;
unless the advice, or the statement or publication, is labelled as non-binding; or
(b)
you reasonably relying in good faith on the Commissioner
'
s general administrative practice.
Note:
Section
357-55
specifies the relevant provisions.
History
S 361-5(1) amended by No 56 of 2010, s 3 and Sch 6 items 95 and 96, by omitting
"
1
"
in note 1 and repealing note 2, applicable in relation to things done on or after 4 June 2010. Note 2 formerly read:
Note 2:
Section
284-215
also provides protection from administrative penalties for similar reliance on advice, statements or general administrative practice.
361-5(2)
However, subsection (1) does not apply to any *general interest charge accruing more than 21 days after the Commissioner notifies you of the correct position.
361-5(3)
(Repealed by No 56 of 2010)
History
S 361-5(3) repealed by No 56 of 2010, s 3 and Sch 6 item 97, applicable in relation to things done on or after 4 June 2010. S 361-5(3) formerly read:
361-5(3)
Ignore the operation of section 284-215 in applying subsection (1).
S 361-5 inserted by No 161 of 2005, s 3 and Sch 2 item 1, applicable to things done on or after 1 January 2006. For transitional provisions see note under Div
357
heading.