Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-25 - CHARGES AND PENALTIES  

Division 284 - Administrative penalties for statements, unarguable positions and schemes  

Subdivision 284-A - General provisions  

SECTION 284-30  

284-30   APPLICATION OF DIVISION TO TRUSTS  


If you are a trustee of a trust and:


(a) you make a statement to the Commissioner or to an officer who is exercising powers or performing functions under a *taxation law about the trust; and


(b) the statement:


(i) is false or misleading in a material particular, whether because of things in it or omitted from it; or

(ii) treated an *income tax law as applying to a matter or identical matters in a particular way that was not *reasonably arguable; or

(iii) treated a taxation law as applying in a particular way to a *scheme;

this Division applies to you as if any *shortfall amount or *scheme shortfall amount of a beneficiary of the trust as a result of the statement were your shortfall amount or scheme shortfall amount.


 

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