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 4-25
-
CHARGES AND PENALTIES
History
Pt 4-25 heading substituted by
No 32 of 2006
, s 3 and Sch 3 item 11, applicable in relation to conduct engaged in on or after 6 April 2006. The heading formerly read:
PART 4-25
-
CHARGES AND ADMINISTRATIVE PENALTIES FOR FAILING TO MEET OBLIGATIONS
Pt 4-25 (heading) substituted by No 101 of 2004.
Pt 4-25 inserted by No 179 of 1999.
Division 288
-
Miscellaneous administrative penalties
History
Div 288 heading substituted by No 91 of 2000.
Div 288 inserted by No 179 of 1999.
SECTION 288-25
PENALTY FOR FAILURE TO KEEP OR RETAIN RECORDS
288-25(1)
You are liable to an administrative penalty of 20 penalty units if:
(a)
a provision of a *taxation law requires you to keep or retain a record; and
(b)
you do not keep or retain that record in the manner required by that law.
288-25(2)
Subsection
(1)
does not apply to:
(a)
documents required to be retained under Part
X
of the
Fringe Benefits Tax Assessment Act 1986
(about statutory evidentiary documents); or
(b)
documents required to be kept or retained under Division
900
of the
Income Tax Assessment Act 1997
(about substantiation of expenses); or
(c)
if you are given a *tax-records education direction
-
documents to which a record-keeping failure specified in the direction relates, unless you have not complied with the direction.
Note 1:
For paragraph
(c)
:
(a) for tax-records education directions, see section
384-12
; and
(b) for whether you have complied with the direction, see subsection
384-15(3)
.
Note 2:
See section
4AA
of the
Crimes Act 1914
for the current value of a penalty unit.
History
S 288-25(2) amended by No 84 of 2022, s 3 and Sch 1 items 1
-
3, by substituting
"
expenses); or
"
for
"
expenses).
"
in para (b), inserting para (c) and substituting
"
Note 2
"
for
"
Note
"
in the note, effective 1 January 2023.
History
S 288-25 inserted by No 91 of 2000.