Taxation Administration Act 1953
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Hide history noteThe Commissioner may remit all or a part of the charge payable by a person.
Note: A Commissioner ' s Remedial Power modification is relevant to this part of the tax law. Taxation Administration (Remedial Power - Remission of Charges and Penalties) Determination 2023 (F2023L00956) modifies the operation of s 8AAG(1) of the Taxation Administration Act 1953 and any other provisions of a taxation law whose operation is affected by the modified operation of s 8AAG(1) .
The operation of the relevant provision is modified as follows:
For the purposes of s 370-5 in Sch 1 to the Taxation Administration Act 1953 , s 8AAG(1) of the Taxation Administration Act 1953 is modified to permit the Commissioner to remit the general interest charge, shortfall interest charge or an administrative penalty, as applicable:
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s 370-5 in Sch 1 to the Taxation Administration Act 1953 to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
8AAG(2)
However, if a person is liable to pay the charge because an amount remains unpaid after the time by which it is due to be paid, the Commissioner may only remit all or a part of the charge in the circumstances set out in subsection (3) , (4) or (5) .
8AAG(3)
The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) the circumstances that contributed to the delay in payment were not due to, or caused directly or indirectly by, an act or omission of the person; and (b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances.
8AAG(4)
The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) the circumstances that contributed to the delay in payment were due to, or caused directly or indirectly by, an act or omission of the person; and (b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and (c) having regard to the nature of those circumstances, it would be fair and reasonable to remit all or a part of the charge.
8AAG(5)
The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) there are special circumstances because of which it would be fair and reasonable to remit all or a part of the charge; or (b) it is otherwise appropriate to do so.
Note: A Commissioner ' s Remedial Power modification is relevant to this part of the tax law. Taxation Administration (Remedial Power - Remission of Charges and Penalties) Determination 2023 (F2023L00956) modifies the operation of s 8AAG(5) of the Taxation Administration Act 1953 and any other provisions of a taxation law whose operation is affected by the modified operation of s 8AAG(5) .
The operation of the relevant provision is modified as follows:
For the purposes of s 370-5 in Sch 1 to the Taxation Administration Act 1953 , s 8AAG(5) of the Taxation Administration Act 1953 is modified to permit the Commissioner to remit the general interest charge, shortfall interest charge or an administrative penalty, as applicable:
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s 370-5 in Sch 1 to the Taxation Administration Act 1953 to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
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