INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

Pt VII substituted for former Pt VII (Penal Provisions and Prosecutions) by No 123 of 1984.

S 226A repealed by No 91 of 2000, s 3 and Sch 2 item 29, effective 1 July 2000. S 226A formerly read:

CERTAIN PENALTY TAX UNDER SCHEME SECTIONS NOT PAYABLE BECAUSE OF APPLICATION FOR PRIVATE RULING  
226A
If:

(a) apart from this section, a taxpayer would be liable to pay additional tax under a scheme section (other than section 226AA ) in respect of a year of income; and

(b) the wrongful behaviour provision applied only because the taxpayer treated an income tax law as applying to the taxpayer in respect of the year in relation to an arrangement in a particular way; and

(c) when or before the taxpayer's return for the year was lodged, there was an application for a private ruling on the way in which that law would apply to the taxpayer in respect of the year in relation to the arrangement; and

(d) in the opinion of the Commissioner, the application was one that the Commissioner is required to comply with; and

(e) when the treatment of the law happened, the private ruling had not been made;

the taxpayer is not liable to pay the additional tax.

S 226A amended by No 11 of 1999 and inserted by No 101 of 1992.