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-B
-
Amending assessments
History
Subdiv 155-B 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.
When Commissioner may amend assessments
SECTION 155-40
AMENDMENT DURING PERIOD OF REVIEW
-
CERTAIN APPLICATIONS TAKEN TO BE NOTICES
155-40(1)
An application made by you for an amendment of an assessment of an
*
assessable amount of yours is treated as being a notice of the amended assessment given to you by the Commissioner under section
155-10
, if:
(a)
the application is in the
*
approved form; and
(b)
the Commissioner makes the amendment:
(i)
to give effect to the decision on the application; and
(ii)
during the
*
period of review for the assessment; and
(c)
the amendment the Commissioner makes is the entire amendment for which you applied, and nothing else.
155-40(2)
The notice is treated as having been given to you on whichever of the following is applicable:
(a)
the first day the Commissioner adjusts the balance of an
*
RBA of yours as a result of the amendment;
(b)
the day a Collector (within the meaning of the
Customs Act 1901
) gives an
*
import declaration advice, or a
*
self-assessed clearance declaration advice, to an entity in respect of the relevant
*
taxable importation,
*
taxable importation of a luxury car or
*
customs dealing as a result of the amendment.
History
S 155-40(2) amended by No 41 of 2015, s 3 and Sch 5 item 158, by substituting
"
a Collector (within the meaning of the
Customs Act 1901
)
"
for
"
Customs
"
in para (b), effective 1 July 2015. No 41 of 2015, s 3 and Sch 5 item 159(4) contains the following saving and transitional provision:
159 Saving and transitional provisions
…
(4)
Section
155-40
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 an advice mentioned in paragraph
155-40(2)(b)
in that Schedule that was given by Customs to an entity before that commencement.
History
S 155-40 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.