Taxation Administration Act 1953
View history note
Hide history noteNote: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesEstimate
268-10(1)
The Commissioner may estimate the unpaid and overdue amount of a liability (the underlying liability ) of yours:
(a) under section 16-70 in this Schedule (requirement to pay to the Commissioner amounts you have withheld under the Pay as you go withholding rules); or
(b) to pay superannuation guarantee charge for a * quarter under section 16 of the Superannuation Guarantee (Administration) Act 1992 , to the extent the superannuation guarantee charge has not been assessed before the Commissioner makes the estimate; or
(c) to pay a *net amount for a *tax period, to the extent that the net amount has not been assessed before the Commissioner makes the estimate.
268-10(1A)
For the purposes of this Division, your superannuation guarantee charge for a * quarter is treated as being payable on the day by which you must lodge a superannuation guarantee statement for the quarter under section 33 of the Superannuation Guarantee (Administration) Act 1992 , even if, on that day, the charge has not been assessed under that Act.
268-10(1B)
For the purposes of this Division, if you have a *net amount for a *tax period:
(a) you are treated as being liable to pay that net amount; and
(b) that liability is treated as having arisen on the day by which you must give your *GST return for the tax period to the Commissioner in accordance with Division 31 of the *GST Act; and
(c) that liability is treated as being payable on that day; and
(d) the entire amount of that liability is treated as being unpaid.
Amount of estimate
268-10(2)
The amount of the estimate must be what the Commissioner thinks is reasonable.
268-10(3)
In making the estimate, the Commissioner may have regard to anything he or she thinks relevant.
Example 1:
In the case of an underlying liability under section 16-70 (requirement to pay to the Commissioner amounts you have withheld under the Pay as you go withholding rules), the Commissioner may have regard to information about amounts you withheld under the Pay as you go rules before the period in relation to which the underlying liability arose.
Example 2:
In the case of an underlying liability to pay superannuation guarantee charge for a quarter, the Commissioner may have regard to information about your contributions to RSAs and complying superannuation funds for earlier quarters.
Only one estimate for each liability
268-10(4)
While the estimate is in force, the Commissioner cannot make another estimate relating to the underlying liability.
268-10(5)
For the purposes of subsection (4), the estimate is in force if:
(a) the Commissioner has given you notice of the estimate; and
(b) the estimate has not been revoked; and
(c) your liability to pay the estimate has not been discharged.
[
CCH Note:
No 99 of 2012, s 3 and Sch 1 item 46 contains the following saving provisions:
has effect, from that commencement, as if it had been made under that section as amended by this Schedule.
46 Saving provision
-
estimates
]
46
An estimate:
(a)
made under section 268-10 in Schedule 1 to the
Taxation Administration Act 1953
; and
(b)
in force just before the commencement of this item
[
ie 30 June 2012];
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
