Taxation Administration Act 1953
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Hide history noteNote: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesReduction
268-35(1)
The Commissioner may at any time reduce the amount of the estimate, but is not obliged to consider whether or not to do so.
268-35(2)
If the Commissioner reduces the amount of the estimate under subsection (1), he or she must give you a written notice that:
(a) identifies the underlying liability; and
(b) sets out the reduced amount of the estimate.
Note:
The estimate is taken always to have had effect as reduced: see section 268-55 .
Revocation
268-35(3)
The Commissioner may at any time revoke the estimate, but is not obliged to consider whether or not to do so.
268-35(4)
If the Commissioner revokes the estimate under subsection (3), he or she must give you a written notice that:
(a) identifies the underlying liability; and
(b) states that the estimate has been revoked.
Note:
The estimate is taken never to have been made: see section 268-55 .
Matters for Commissioner to consider
268-35(5)
In exercising his or her power under this section to reduce the amount of the estimate, or to revoke the estimate, the Commissioner must have regard to:
(a) the following principles:
(i) the estimate is of the unpaid amount of the underlying liability as at a particular time;
(ii) the purpose of reducing the amount of the estimate is to bring it closer to the unpaid amount of the underlying liability as at the time the estimate was made;
(iii) reductions of the unpaid amount of the underlying liability that happen after the time the estimate was made are dealt with by section 268-20 (Nature of liability to pay estimate) and so should not be taken into account in exercising such a power; and
(b) the effects of sections 268-55 and 268-70 (effect of reduction or revocation on liabilities).
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