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Legal database

Draft Taxation Determination

TD 92/D192

Income tax: who is responsible for lodgment of a company income tax return if both a receiver/manager and a liquidator have been appointed?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 94/68.

FOI status:

draft only - for comment

Preamble

Draft Taxation Determinations (TDs) represent the preliminary, though considered, views of the ATO. Draft TDs may not be relied on; only final TDs are authoritative statements of the ATO.

1. A receiver/manager and a liquidator each satisfies the definition of "Trustee" in subsection 6(1) of the Income Tax Assessment Act 1936. Therefore, each is legally responsible for lodging the return under the provisions of paragraph 254(1)(a) and (b).

2. As a general rule, the Tax Office would look to the liquidator for lodgment of returns as he or she has control over all the financial records of the company.

Commissioner of Taxation
29/10/92

References

ATO references:
NO SSO TD 03

ISSN: 1038-3158

Subject References:
lodgment of return
trustee
liquidator

Legislative References:
ITAA 6(1)
ITAA 254(1)(a)
ITAA 254(1)(b)


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