Taxation Administration Act 1953

Part VI repealed by No 73 of 2006 , s 3 and Sch 5 item 39, effective 1 July 2006. No 73 of 2006 , s 3 and Sch 5 items 53 to 58 contained the following transitional provisions:

53 Transitional - rulings about Part VI of the Taxation Administration Act 1953  
If:

(a) immediately before the commencement of this item, a ruling (within the meaning of section 37 of the Taxation Administration Act 1953 ) about a provision (the old law ) of Part VI of the Taxation Administration Act 1953 is in force; and

(b) the provision is re-enacted or remade by this Schedule (with or without modifications);

the ruling is, on the commencement of this item, taken also to be a ruling about the provision as re-enacted or remade (the new law ), but only so far as the new law expresses the same ideas as the old law.

Note:

Ideas in the Taxation Administration Act 1953 are not necessarily different just because different forms of words are used: see section 15AC of the Acts Interpretation Act 1901.

54 Transitional - section 40 of the Taxation Administration Act 1953  
(1)
This item applies if, immediately before the commencement of this item, a person is liable, under section 40 of the Taxation Administration Act 1953 , to pay the general interest charge on an unpaid amount (the liability ) of any indirect tax.

(2)
On the commencement of this item, that section ceases to apply to the liability.

(3)
From the commencement of this item, section 105-80 in Schedule 1 to that Act applies to the liability as if:

(a) the liability remains unpaid at that time; and

(b) so much of the charge under section 40 of that Act as remains unpaid at that time had been imposed under section 105-80 in that Schedule and remains unpaid at that time.
55 Transitional - section 62 of the Taxation Administration Act 1953  
If:

(a) an application has been made for the review of a decision that was:

(i) a reviewable GST decision; or

(ii) a reviewable wine tax decision; or

(iii) a reviewable indirect tax decision; or

(iv) a reviewable GST transitional decision;

(within the meaning of section 62 of the Taxation Administration Act 1953 as in force immediately before the commencement of this item); and

(b) the review has not been completed before the commencement of this item;

the review may continue to be dealt with, on and after the commencement of this item, as if it had been sought under Part 3-10 in Schedule 1 to the Taxation Administration Act 1953 as amended by this Part.

56 Transitional - section 70 of the Taxation Administration Act 1953  
If, immediately before the commencement of this item, you must keep and retain a record under section 70 of the Taxation Administration Act 1953 :

(a) despite the repeal of that section by this Schedule, that section continues to apply to the record; and

(b) section 382-5 in Schedule 1 to that Act does not apply to the record. 57 Application - sections 105-40, 110-50 and 111-50 in Schedule 1 to the Taxation Administration Act 1953  
(1)
Section 105-40 in Schedule 1 to the Taxation Administration Act 1953 applies to:

(a) a reviewable indirect tax decision (within the meaning of section 62 of the Taxation Administration Act 1953 as in force immediately before the commencement of this item) if an application for the review of the decision had not been made before the commencement of this item; or

(b) a reviewable indirect tax decision (within the meaning of section 105-40 in that Schedule) made after the commencement of this item.

(2)
Sections 110-50 and 111-50 in Schedule 1 to the Taxation Administration Act 1953 apply to a decision made before or after the commencement of this item.
58 Transitional - instruments  
(1)
The following table has effect:

Instruments in force immediately before commencement
Item	If, immediately before the commencement of this subitem, the following instrument, made for the purposes of the specified provision of the Taxation Administration Act 1953 , was in force...	the instrument is, on the commencement of this subitem, taken to have been made for the purposes of the following provision of that Act...
1	an instrument approving a form for the purposes of subsection 23(1)	subsection 105-10(1) in Schedule 1.
2	an instrument allowing a further period for the purposes of paragraph 23(2)(b)	paragraph 105-10(2)(b) in Schedule 1.
3	a notice for the purposes of paragraph 35(a)	paragraph 105-50(a) in Schedule 1.
4	a notice, other than a notice of assessment, for the purposes of paragraph 36(1)(f)	paragraph 105-55(1)(b) in Schedule 1.
5	a determination covering an acquisition for the purposes of paragraph 62B(1)(a)	paragraph 105-120(1)(b) in Schedule 1.
6	a determination covering a visiting force, a member of a visiting force or another person, for the purposes of paragraph 62B(1)(a)	paragraph 105-120(1)(c) in Schedule 1.
7	a determination covering a use for the purposes of paragraph 62B(1)(b)	paragraph 105-120(1)(d) in Schedule 1.
8	a determination of a class of persons for the purposes of subsection 62B(1)	paragraph 105-120(1)(a) in Schedule 1.
9	an instrument approving a form for the purposes of subsection 62B(3)	paragraph 105-120(1)(e) in Schedule 1.
10	a determination for the purposes of subsection 62B(4)	subsection 105-120(2) in Schedule 1.
11	regulations specifying a kind of entity for the purposes of subsection 62C(1)	paragraph 105-125(1)(a) in Schedule 1.
12	regulations specifying a kind of acquisition for the purposes of subsection 62C(1)	paragraph 105-125(1)(b) in Schedule 1.
13	a determination of a class of persons for the purposes of subsection 62C(1)	subsection 105-125(1) in Schedule 1.
14	an instrument approving a form for the purposes of subsection 62C(3)	paragraph 105-125(1)(c) in Schedule 1.
15	regulations for the purposes of subsection 62C(4)	subsection 105-125(2) in Schedule 1.
16	a direction for the purposes of subsection 65(1)	subsection 353-10(1) in Schedule 1.
17	an authorisation for the purposes of paragraph 65(1)(b)	paragraph 353-10(1)(b) in Schedule 1.
18	an authorisation for the purposes of section 66	section 353-15 in Schedule 1.
19	an authorisation for the purposes of paragraph 68(3)(d) or (e)	subparagraph 355-5(5)(a)(iii) in Schedule 1.
20	regulations prescribing an office for the purposes of the definition of State or Territory officer in subsection 68(6)	item 7 in the table in subsection 355-5(5) in Schedule 1.
21	a notice for the purposes of paragraph 70(3)(a)	paragraphs 382-5(11)(a) and (12)(a) in Schedule 1.
22	an authorisation for the purposes of paragraph 353-10(1)(b) in Schedule 1	paragraph 353-10(1)(b) in Schedule 1.
23	regulations prescribing a scale of expenses for the purposes of subsection 353-10(3) in Schedule 1	subsection 353-10(3) in Schedule 1.

(2)
The following table has effect:

Actions before commencement
Item	If, before the commencement of this subitem, the following action...	was done for the purposes of the following provision of the Taxation Administration Act 1953...	the action is, on the commencement of this subitem, taken to have been done for the purposes of the following provision of that Act...
1	making an assessment	Division 2 of Part VI	Subdivision 105-A in Schedule 1.
2	requesting an assessment	subsection 23(1)	subsection 105-10(1) in Schedule 1.
3	notifying	paragraph 36(1)(e)	paragraph 105-55(1)(a) in Schedule 1.

Part VI heading substituted by No 59 of 1999.

Part VI inserted by No 56 of 1999.

Div 8 repealed by No 73 of 2006, s 3 and Sch 5 item 39, effective 1 July 2006.

Div 8 inserted by No 56 of 1999.

S 70 repealed by No 73 of 2006 , s 3 and Sch 5 item 39, effective 1 July 2006.For transitional provision see note under former Pt VI heading. S 70 formerly read:

70(1)
If you:

(a) make a taxable supply, taxable importation, creditable acquisition or creditable importation; or

(aa) make a supply that is GST-free or input taxed; or

(b) are liable for wine tax on a taxable dealing within the meaning of the Wine Tax Act, make any other assessable dealing within the meaning of that Act, or are entitled to a wine tax credit within the meaning of that Act; or

(c) make a taxable supply of a luxury car, or a taxable importation of a luxury car, within the meaning of the Luxury Car Tax Act;

(ca) are entitled to a special credit under the A New Tax System (Goods and Services Tax Transition) Act 1999 or the A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999 ; or

(cb) are liable, as a recipient of a taxable supply, to pay the GST on a taxable supply because of section 15C of the A New Tax System (Goods and Services Tax Transition) Act 1999 ;

you must:

(d) keep records that record and explain all transactions and other acts you engage in that are relevant to that supply, importation, acquisition, dealing or entitlement; and

(e) retain those records for at least 5 years after the completion of the transactions or acts to which they relate.

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S 70(1) amended by No 10 of 2005, No 156 of 2000, No 176 of 1999 and substituted by No 59 of 1999.

70(1AAA)
If you make any election, choice, estimate, determination or calculation under the GST law, you must:

(a) keep records containing particulars of:

(i) the election, choice, estimate, determination or calculation; and

(ii) in the case of an estimate, determination or calculation - the basis on which, and the method by which, the estimate, determination or calculation was made; and

(b) retain those records:

(i) if the GST law specifies circumstances in which the election, choice, estimate, determination or calculation ceases to have effect - for at least 5 years after the election, choice, estimate, determination or calculation ceased to have effect; or

(ii) in any other case - for at least 5 years after the election, choice, estimate, determination or calculation was made.

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S 70(1AAA) inserted by No 156 of 2000.

70(1AAB)
If you give the Commissioner a GST return that takes into account an input tax credit that is attributable to a tax period under subsection 29-10(4) of the GST Act, you must:

(a) keep records that record and explain all transactions and other acts you engage in that are relevant to the acquisition in question; and

(b) retain those records for at least 5 years after the GST return was given to the Commissioner.

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S 70(1AAB) amended by No 73 of 2001, No 156 of 2000.

70(1AA)
This section requires a record of an arrangement entered into under section 153-50 of the GST Act to be kept and retained by the party entering into the arrangement as principal. It does not require such a record to be kept or retained by the party entering into the arrangement as agent.

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S 70(1AA) amended by No 156 of 2000, inserted by No 92 of 2000.

70(1AB)
This section requires records of a notice given under subsection 153-65(2) of the GST Act to be kept and retained by both the entity giving the notice and the entity receiving it.

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S 70(1AB) amended by No 156 of 2000, inserted by No 92 of 2000.

70(1A)
Without limiting subsection (1AAA), if you choose to apply Division 63 (non-profit sub-entities) of the GST Act, you must:

(a) keep records that record:

(i) your choice to apply that Division; and

(ii) each branch that is treated as a separate entity for the purposes of the GST law; and

(iii) each branch that has ceased to be treated as a separate entity for the purposes of the GST law; and

(b) retain those records for at least 5 years after you revoke the choice.

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S 70(1A) amended by No 156 of 2000, s 3 and Sch 5 item 16, by substituting ``Without limiting subsection (1AAA), if'' for ``If'', applicable, and taken to have applied, in relation to net amounts for tax periods starting on or after 1 July 2000.

S 70(1A) inserted by No 177 of 1999.

70(1B)

(Repealed by No 156 of 2000)

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S 70(1B) repealed by No 156 of 2000, s 3 and Sch 5 item 17, applicable, and taken to have applied, in relation to net amounts for tax periods starting on or after 1 July 2000. S 70(1B) formerly read:

70(1B)
If you choose under section 40-160 of the GST Act to have treated as input taxed all the supplies you make in connection with a fund-raising event, you must:

(a) keep records that record your choice; and

(b) retain those records for at least 5 years after making the choice.

S 70(1B) inserted by No 92 of 2000.

70(2)
The records must be:

(a) in English, or readily accessible and easily convertible into English; and

(b) such as to enable your liability under an indirect tax law to be readily ascertained.

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S 70(2) amended by No 59 of 1999.

70(3)
However, it is not necessary to retain records:

(a) if the Commissioner notifies you that you do not need to retain them; or

(b) for a company that has been finally dissolved.

70(4)
If you contravene this section, you are guilty of an offence.

Maximum penalty: 30 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Note 3:

There is an administrative penalty if you do not keep or retain records as required by this section: see section 288-25 in Schedule 1 .

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S 70(4) amended by No 91 of 2000.

S 70 inserted by No 56 of 1999.