Taxation Administration Act 1953
Note: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesThe Commissioner may remit all or a part of the penalty.
Note: A Commissioner ' s Remedial Power modification is relevant to this part of the tax law. Taxation Administration (Remedial Power - Remission of Charges and Penalties) Determination 2023 (F2023L00956) modifies the operation of s 298-20(1) in Sch 1 to the Taxation Administration Act 1953 , to the extent it applies to penalties arising under s 286-75 in Sch 1 to the Taxation Administration Act 1953 , and any other provisions of a taxation law whose operation is affected by the modified operation of s 298-20(1) in Sch 1 .
The operation of the relevant provision is modified as follows:
For the purposes of s 370-5 in Sch 1 to the Taxation Administration Act 1953 , s 298-20(1) of Sch 1 to the Taxation Administration Act 1953 is modified to permit the Commissioner to remit the general interest charge, shortfall interest charge or an administrative penalty, as applicable:
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s 370-5 in Sch 1 to the Taxation Administration Act 1953 to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
298-20(2)
If the Commissioner decides: (a) not to remit the penalty; or (b) to remit only part of the penalty;
the Commissioner must give written notice of the decision and the reasons for the decision to the entity.
Note:
Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.
298-20(3)
If: (a) the Commissioner refuses to any extent to remit an amount of penalty; and (b) the amount of penalty payable after the refusal is more than 2 penalty units; and
Note:
See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(c) the entity is dissatisfied with the decision;the entity may object against the decision in the manner set out in Part IVC .
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