A New Tax System (Tax Administration) Act 1999 (179 of 1999)

Schedule 6   Shorter period of review (SPOR) taxpayers

Part 1   Income Tax Assessment Act 1936

13   Subsection 251R(6F)

Repeal the subsection, substitute:

(6F) Subject to subsection (6FA), subsection (6D) does not apply, and is taken never to have applied, if the first person fails to retain the family agreement until the end of:

(a) if the first person is not a SPOR taxpayer for the year of income concerned - 5 years beginning on the date of lodgment of the first person's return of income for that year of income; or

(b) if the first person is a SPOR taxpayer for the year of income concerned - 2 years beginning on:

(i) the day on which tax is due and payable under the first person's assessment for that year of income; or

(ii) if no tax is due and payable for that year of income - the 30th day after the day on which notice from the Commissioner containing a statement to that effect is served on the first person.

(6FA) If:

(a) either of the following subparagraphs applies:

(i) the first person is not a SPOR taxpayer for the year of income concerned but had reasonable grounds to believe that he or she was a SPOR taxpayer for that year of income;

(ii) the first person was a SPOR taxpayer for the year of income concerned but ceased to be a SPOR taxpayer for that year of income as a result of an amended assessment notice of which was served on that person after the 2 years referred to in paragraph (6F)(b); and

(b) if the Commissioner served on the first person within the period of 2 years referred to in paragraph (6F)(b) a notice requiring him or her to produce the family agreement and that person was capable of doing so - that person complied with the notice;

subsection (6F) applies as if the first person were a SPOR taxpayer for the year of income concerned.

Part 2 - Taxation Administration Act 1953