Taxation Administration Act 1953

Pt IVC inserted by No 216 of 1991.

S 14ZT repealed by No 101 of 2006 , s 3 and Sch 5 item 152, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive . S 14ZT formerly read:

SECTION 14ZT INELIGIBLE SALES TAX REMISSION DECISIONS  
14ZT(1)
For the purposes of this Part, an objection decision is an ineligible sales tax remission decision if it relates to the remission of additional tax under the Sales Tax Assessment Act (No. 1) 1930 , except where the additional tax payable, after the decision is made, exceeds:

(a) in the case of additional tax payable under subsection 45(1) of that Act because of a refusal or failure to furnish a return or information in respect of goods - the amount calculated, in respect of the period commencing on the last day allowed for furnishing the return or information, as the case may be, and ending on:

(i) the day on which the return or information is furnished; or

(ii) the day on which the assessment of additional tax is made;

whichever first happens, at the rate of 20% per year of the tax properly payable in respect of those goods; or

(b) in the case of additional tax payable under subsection 45(2) of that Act because of the making of a false or misleading statement - the amount calculated, in respect of the period commencing on the day the amount of the excess referred to in that subsection became due and payable and ending on the day on which the assessment of additional tax is made, at the rate of 20% per year of that excess; or

(c) in the case of additional tax payable under section 46 of that Act in consequence of an alteration in sale value of goods - the amount calculated, in respect of the period commencing on the day the amount of the difference referred to in that section became due and payable and ending on the day on which the assessment of additional tax is made, at the rate of 20% per year of the amount of that difference; or

(d) if the amount ascertained in accordance with paragraph (a), (b) or (c) is less than $20 - $20.

14ZT(2)
A reference in subsection (1) to a provision of the Sales Tax Assessment Act (No. 1) 1930 includes a reference to that provision as applied by any Sales Tax Assessment Act.

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History

S 14ZT(2) amended by No 118 of 1992.

14ZT(3)
An objection decision under the Sales Tax Assessment Act 1992 that relates to the remission of a penalty is an ineligible sales tax remission decision, unless the amount of penalty that is payable after the decision is made is more than the amount that applies under subsection (4) and is also more than $20.

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S 14ZT(3) inserted by No 118 of 1992.

14ZT(4)
The amount that applies to an objection decision is worked out by applying a rate of 20% per year to the base amount in column 2 during the period in column 3:

Remission decision relates to penalty under:	Base amount	Period
section 96 in relation to a failure to provide a return or other information concerning goods	the tax properly payable on those goods	starting on the last day allowed for providing the return or information, and ending on the day on which the return or information is provided or the assessment of penalty is made (whichever happens first)
section 97 in relation to making a false statement	the excess referred to in subsection 97(2)	starting on the day when the excess became due for payment and ending on the day on which the assessment of penalty is made
section 98 in relation to obtaining a tax benefit under an avoidance scheme	the tax benefit referred to in section 98	starting on the day when the amount involved in the tax benefit would have become due and payable, and ending on the day on which the assessment of penalty is made

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History

S 14ZT(4) inserted by No 118 of 1992.

S 14ZT inserted by No 216 of 1991.