TAXATION (UNPAID COMPANY TAX) ASSESSMENT ACT 1982

***** Repealed 22 September 1999 *****

SECTION 4   APPLICATION OF ASSESSMENT ACT  

4(1)  [Assessment and collection provisions]  

Unless the contrary intention appears in this Act, sections 6 (other than the definition of ``spouse'' in subsection (1)) and 7A, Part II, section 21, Part IV, Division 1 of Part VI, and Parts VII and VIII of the Assessment Act, and regulations made under that Act, apply for the purposes of the assessment and collection of recoupment tax, and the collection of late payment tax, in like manner, mutatis mutandis, as those provisions apply for the purposes of the assessment and collection of income tax under the Assessment Act.

4(2)  [Provisions apply mutatis mutandis ]  

A reference in this Act to a provision of the Assessment Act shall, unless the contrary intention appears, be read as a reference to that provision in its application, in accordance with subsection (1), for the purposes of this Act.

4(3)  [Commissioner's annual report]  

For the purposes of section 14 of the Assessment Act, this Act shall be deemed to be part of the Assessment Act.

4(4)  [Secrecy]  

Nothing in section 16 of the Assessment Act prevents:

(a)  the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, liable to pay recoupment tax, of information relating to the affairs of another person where that information was, or in the opinion of the Commissioner is likely to be, taken into account in the assessment of the liability of the first-mentioned person to pay recoupment tax; or

(b)  the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, jointly and severally liable with other persons to pay promoters recoupment tax, of the identity of, and particulars of the liability of, any of the other persons liable to pay that promoters recoupment tax.

4(5)  [Information concerning stripping arrangement]  

Where:

(a)  a person makes a request in writing to the Commissioner that the Commissioner disclose to the person information relating to an arrangement or transaction referred to in paragraph 5(1)(h) or (2)(h); and

(b)  the arrangement or transaction was, or in the opinion of the Commissioner, is likely to be, taken into account in the assessment of the liability of the person to pay vendors recoupment tax,

the Commissioner shall, notwithstanding section 16 of the Assessment Act, disclose to the person all information (including the identities of the parties to the arrangement or transaction) known to the Commissioner that is relevant to that liability and relates to the arrangement or transaction.

4(6)  [Amendment of assessments]  

Nothing in section 170 of the Assessment Act prevents the amendment, at any time, of an assessment for the purpose of giving effect to subsection 5(4), paragraph 5(9)(d), subsection 6(2), 6(18), 8(5), 8(6) or 8(7) or section 16 or 17 of this Act.

4(7)  (Omitted by No 23 of 1987)

4(8)  [Proceedings against promoters]  

Proceedings shall not be instituted against a person under section 209 of the Assessment Act for the recovery of any promoters recoupment tax from the person unless:

(a)  the notice of assessment in respect of that tax was served on the person; or

(b)  the Commissioner has served on the person a notice in writing to the effect that it is intended to commence proceedings for recovery of that tax and a period of 30 days has expired after the date of service of the notice.

4(9)  [Liquidators and receivers]  

Unless the contrary intention appears, a reference in section 215 of the Assessment Act to tax shall be deemed to include a reference to:

(a)  recoupment tax;

(b)  late payment tax; and

(c)  additional tax under Part VII of the Assessment Act in its application for the purposes of this Act.

4(10)  [Remedies against estate of deceased taxpayer]  

Where a person dies after an assessment is made of the recoupment tax payable by the person on an eligible taxable amount:

(a)  the Commissioner has the same powers and remedies against the trustee of the deceased person's estate in respect of the collection of recoupment tax and late payment tax on that eligible taxable amount as he would have had against the deceased person if the deceased person were alive; and

(b)  where the eligible taxable amount is a promoters taxable amount, the trustee has the same rights under section 11 in relation to a declaration in respect of the exclusion of the deceased person from the eligible promoters class to which the promoters taxable amount relates as the deceased person would have had if he were alive.

4(11)  [Service of assessment notice on promoter]  

For the purposes of the application of any of the provisions of the Assessment Act in accordance with subsection (1), where 2 or more persons are jointly and severally liable to pay recoupment tax on a promoters taxable amount, service of a notice of assessment or any other notice in respect of that liability on any of those persons shall be deemed to be service of the notice on each of those persons.

4(12)  [Assessment notice need not identify all promoters]  

The validity of an assessment of the recoupment tax payable on a promoters taxable amount by the persons included in an eligible promoters class in relation to that promoters taxable amount is not affected by reason that the notice of assessment identifies only one or some of the persons included in that eligible promoters class.