Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 269 - Penalties for directors of non-complying companies  

Subdivision 269-B - Obligations and penalties  

SECTION 269-25   NOTICE  


Commissioner must give notice of penalty

269-25(1)    
The Commissioner must not commence proceedings to recover from you a penalty payable under this Subdivision until the end of 21 days after the Commissioner gives you a written notice under this section.

Content of notice

269-25(2)    
The notice must:


(a) set out what the Commissioner thinks is the unpaid amount of the company ' s liability under its obligation; and


(b) state that you are liable to pay to the Commissioner, by way of penalty, an amount equal to that unpaid amount because of an obligation you have or had under this Division; and


(c) explain the main circumstances in which the penalty will be remitted.

269-25(3)    
To avoid doubt, a single notice may relate to 2 or more penalties, but must comply with subsection (2) in relation to each of them.

When notice is given

269-25(4)    
Despite section 29 of the Acts Interpretation Act 1901 , a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.

Note 1:

Section 28A of the Acts Interpretation Act 1901 may be relevant to giving a notice under subsection (1).

Note 2:

Section 269-50 of this Act is also relevant to giving a notice under subsection (1).





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