PART X
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STATUTORY EVIDENTIARY DOCUMENTS
History
Heading to Pt X amended by No 11 of 1989.
SECTION 123B
SUBSTANTIATION REQUIREMENTS NOT TO APPLY IN SPECIAL CIRCUMSTANCES
123B(1)
The substantiation rules do not apply in relation to a benefit if the nature and quality of evidence that a person has satisfies the Commissioner that the taxable value of the benefit is not greater than the amount specified in the taxpayer
'
s return for the FBT year as the taxable value of that benefit.
History
S 123B(1) substituted for s 123B(1) and (2) by No 145 of 1995.
123B(2)
(Omitted by No 145 of 1995)
123B(3)
The Commissioner may only make a decision under subsection
(1)
:
(a)
in the course of reviewing on the Commissioner
'
s own motion the affairs of the employer; or
(b)
in considering an objection against the assessment of the employer of the year of tax; or
(c)
in considering whether to make an amendment of the assessment of the employer of the year of tax in response to a request made by the employer before the commencement of this section.
123B(4)
This section does not apply to a declaration made for the purposes of this Act.
123B(5)
(Repealed by No 38 of 2024)
History
S 123B(5) repealed by No 38 of 2024, s 3 and Sch 1 item 27, effective 14 October 2024. S 123B(5) formerly read:
123B(5)
If:
(a)
an employer makes an application under subsection 82(1) or (2), as in force immediately before the commencement of section 113 of the
Taxation Laws Amendment Act (No. 3) 1991
; and
(b)
the period mentioned in the subsection concerned ended before the commencement of this section;
the following provisions have effect:
(c)
the Commissioner, the Tribunal or the Federal Court of Australia, as the case requires, when making a decision on the application, must disregard subsection (1) of this section;
(d)
if the Commissioner, the Tribunal or the Federal Court of Australia, as the case requires, grants the application:
(i)
the employer
'
s objection has no effect to the extent that it relates to grounds based on subsection (1) of this section; and
(ii)
the Tribunal or the Federal Court of Australia, when making a decision under:
(A)
paragraph 86A(a) of this Act, as in force immediately before the commencement of section 113 of the
Taxation Laws Amendment Act (No. 3) 1991
; or
(B)
paragraph 14ZZK(a) or 14ZZO(a) of the
Taxation Administration Act 1953
, as the case requires;
must disregard subsection (1) of this section.
123B(6)
This section applies to a benefit provided before, at or after the commencement of this section.
History
S 123B inserted by No 35 of 1992.