Income Tax Assessment Act 1936

Former Div 10BA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.

Former Div 10BA inserted by No 111 of 1981.

Former Subdiv B repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.

Former s 124ZAGA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010. S 124ZAGA formerly read:

SECTION 124ZAGA SATISFACTION OF COMMISSIONER AS TO THE FUTURE APPLICATION OF CERTAIN PROVISIONS  
124ZAGA(1)
Where:

(a) the Commissioner is at any time satisfied that:

(i) subsection 124ZAFA(2) will, at a later time, apply to deem a deduction not to have been, or not to be, allowable to a taxpayer in relation to capital moneys expended in producing, or by way of contribution to the cost of producing, a film; or

(ii) section 124ZAG will, at a later time, apply in respect of an amount, or part of an amount, that, but for that section and sections 124ZAL and 124ZAM , would be taken for the purposes of this Division to have been expended by a taxpayer by way of contribution to the cost of producing a film; or

(b) at a time after the Commissioner is satisfied in accordance with subparagraph (a)(i) or (ii), the Commissioner is satisfied that subsection 124ZAFA(2) will not apply in relation to the deduction, or that section 124ZAG will not apply in relation to the amount or the part of the amount,

the following provisions have effect:

(c) in a case to which paragraph (a) applies - subsection 124ZAFA(2) or section 124ZAG , as the case may be, shall, for the purposes of this Subdivision, be taken to apply, and always to have applied, in relation to the deduction or in relation to the amount or the part of the amount, as the case may be; and

(d) in a case to which paragraph (b) applies - subsection 124ZAFA(2) or section 124ZAG , as the case may be, shall, for the purposes of this Subdivision, be taken not to apply, and never to have applied, in relation to the deduction, or in relation to the amount or the part of the amount, as the case may be.

124ZAGA(2)
Where, at any time after the making of an assessment in relation to a taxpayer, being an assessment in the making of which subsection 124ZAFA(2) or section 124ZAG has been applied by reason that the Commissioner was satisfied in accordance with subparagraph (1)(a)(i) or (ii) of this section, the taxpayer considers that the Commissioner ought to be satisfied in accordance with paragraph (1)(b) of this section that subsection 124ZAFA(2) or section 124ZAG , as the case may be, will not apply, the taxpayer may post to, or lodge with, the Commissioner a request in writing for an amendment of the assessment to give effect to subsection (1).

124ZAGA(3) [Commissioner to consider request]  

The Commissioner shall consider the request and shall serve on the taxpayer, by post or otherwise, a written notice of his decision on the request.

124ZAGA(4)
If the taxpayer is dissatisfied with the Commissioner's decision on the request, the taxpayer may object against the decision in the manner set out in Part IVC of the Taxation Administration Act 1953 .

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History

S 124ZAGA(4) substituted for s 124ZAGA(4) and (5) by No 216 of 1991.

124ZAGA(5)
(Omitted by No 216 of 1991)

Former s 124ZAGA inserted by No 14 of 1983.