Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-30 - DIVERTED PROFITS TAX  

Division 145 - Assessments of diverted profits tax  

Guide to Division 145  

SECTION 145-20   REVIEW OF ASSESSMENTS  

145-20(1)    
Section 155-90 does not apply during the *period of review mentioned in section 145-15 .

145-20(2)    
In applying Part IVC of this Act as a result of section 155-90 after the end of that *period of review:

(a) have regard only to the provisions of that Part mentioned in subsection (3); and

(b) apply those provisions with the modifications set out in subsection (4); and

(c) disregard the other provisions of that Part; and

(d) apply section 145-25 (restricted DPT evidence).

145-20(3)    
For the purposes of paragraph (2)(a), the provisions of that Part are as follows:

(a) sections 14ZL and 14ZP ;

(b) subsection 14ZR(1) ;

(c) subsection 14ZZ(1) ;

(d) Division 5 (apart from section 14ZZS ).

145-20(4)    
For the purposes of paragraph (2)(b), the modifications are as follows:

(a) treat the Commissioner ' s decision to make the *DPT assessment as an objection decision;

(b) treat subsection 14ZZ(1) as reading " The entity that is the subject of the DPT assessment may appeal to the Federal Court of Australia against the objection decision. " ;

(c) treat the reference in section 14ZZN to " within 60 days after the person appealing is served with notice of the decision " as being a reference to " within 60 days after the end of the period of review mentioned in section 145-15 in Schedule 1 " ;

(d) disregard paragraph 14ZZO(a) ;

(e) treat paragraph 14ZZO(b) as reading " the appellant has the burden of proving that the DPT assessment is excessive or otherwise incorrect and what the DPT assessment should have been " ;

(f) treat the reference in section 14ZZR to a taxation decision as being a reference to the Commissioner ' s decision to make the DPT assessment.