SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 4
-
Generic assessment, collection and recovery rules
History
Ch 4 heading inserted by
No 73 of 2006
, s 3 and Sch 5 item 42, effective 1 July 2006.
PART 4-1
-
RETURNS AND ASSESSMENTS
History
Pt 4-1 inserted by No 39 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012.
No 39 of 2012, s 3 and Sch 1 item 239 contains the following application provision:
239 Application of amendments
(1)
The amendments made by Divisions 1, 2 and 3 of this Part apply in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012.
(2)
The amendments made by Divisions 1, 2 and 3 of this Part also apply in relation to payments and refunds that:
(a)
do not relate to any tax periods or fuel tax return periods; and
(b)
relate to liabilities or entitlements that arose on or after 1 July 2012.
Division 155
-
Assessments
History
Div 155 inserted by No 39 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. For application provision see note under Part 4-1 heading.
Subdivision 155-A
-
Making assessments
History
Subdiv 155-A inserted by No 39 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. For application provision see note under Part 4-1 heading.
SECTION 155-20
ASSESSMENT OF INDIRECT TAX ON IMPORTATIONS AND CUSTOMS DEALING
155-20(1)
The Commissioner is treated as having made an assessment under section
155-5
of the
*
GST,
*
luxury car tax or
*
wine tax (whichever is applicable) payable by you on a
*
taxable importation,
*
taxable importation of a luxury car or
*
customs dealing, if:
(a)
the document mentioned in column 1 of an item of the following table is communicated to the Department administered by the Minister administering Part
XII
of the
Customs Act 1901
, in respect of the importation or dealing; and
(b)
a Collector (within the meaning of the
Customs Act 1901
) gives the document mentioned in column 2 of the item to an entity in respect of the importation or dealing.
Customs documents
|
Item
|
Column 1
Document communicated
|
Column 2
Document given to an entity
|
1 |
an
*
import declaration |
an
*
import declaration advice |
|
|
|
2 |
a self-assessed clearance declaration (within the meaning of the
Customs Act 1901) |
a
*
self-assessed clearance declaration advice |
History
S 155-20(1) amended by No 41 of 2015, s 3 and Sch 5 items 153
-
155, by substituting
"
the Department administered by the Minister administering Part XII of the
Customs Act 1901
,
"
for
"
Customs
"
in para (a),
"
a Collector (within the meaning of the
Customs Act 1901
)
"
for
"
Customs
"
in para (b) and substituting table heading to column 1, effective 1 July 2015. No 41 of 2015, s 3 and Sch 5 items 159(2) and (3) contain the following saving and transitional provisions:
159 Saving and transitional provisions
…
(2)
Section
155-20
in Schedule
1
to the
Taxation Administration Act 1953
, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following documents given before that commencement:
(a)
a document mentioned in column 1 of item 1 or 2 of the table in subsection
155-20(1)
in that Schedule communicated to Customs in respect of an importation or dealing;
(b)
a document mentioned in column 2 of that table item given by Customs to an entity in respect of that importation or dealing.
(3)
If:
(a)
before the commencement of this item, a document mentioned in column 1 of item 1 or 2 of the table in subsection
155-20(1)
in Schedule
1
to the
Taxation Administration Act 1953
was communicated to Customs in respect of an importation or dealing; but
(b)
before that commencement, Customs had not given the document mentioned in column 2 of that table item to an entity in respect of that importation or dealing;
then section
155-20
in that Schedule applies on and after that commencement as if the document mentioned in column 1 of that table item had been communicated to the Department administered by the Minister administering Part
XII
of the
Customs Act 1901
.
…
The table heading to column 1 formerly read:
Column 1
Document communicated to Customs
155-20(2)
The assessment is treated as having been made on the day a Collector (within the meaning of the
Customs Act 1901
) gives the document mentioned in paragraph (1)(b) to the entity.
History
S 155-20(2) amended by No 41 of 2015, s 3 and Sch 5 item 156, by substituting
"
a Collector (within the meaning of the
Customs Act 1901
)
"
for
"
Customs
"
, effective 1 July 2015. For saving and transitional provisions, see note under s
155-20(1)
.
155-20(3)
The amount assessed is the amount (including a nil amount) worked out in accordance with the information stated in the 2 documents.
155-20(4)
The 2 documents are treated as together being a notice of the assessment:
(a)
signed by the Commissioner; and
(b)
given to you under section
155-10
on the day a Collector (within the meaning of the
Customs Act 1901
) gives the document mentioned in paragraph (1)(b) of this section to the entity.
History
S 155-20(4) amended by No 41 of 2015, s 3 and Sch 5 item 157, by substituting
"
a Collector (within the meaning of the
Customs Act 1901
)
"
for
"
Customs
"
in para (b), effective 1 July 2015. For saving and transitional provisions, see note under s
155-20(1)
.
155-20(5)
This section does not apply if the Commissioner has already assessed the
*
GST,
*
luxury car tax or
*
wine tax on or before the day mentioned in paragraph (4)(b).
History
S 155-20 inserted by No 39 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. For application provision see note under Part
4-1
heading.