Amendments and review periods

MRRT assessments and starting base assessments are subject to a period of review, during which the entity or we may initiate an amendment to the assessment.

The period of review restricts the time in which an assessment may be amended. For the MRRT, the period of review is generally four years, unless extended.

The day the four-year period begins depends on when the entity receives its assessment.

If an entity's assessment is:

The period of review starts:

an original self-assessed – for example, initial starting base returns and initial MRRT returns.

on the day the return is lodged with us, regardless of whether the return is lodged early or late.

an amended assessment – for example, amendments to starting base returns and amendments MRRT returns.

on the day we give the entity the notice of the assessment (but only in respect of the amended item(s)).

However, in certain circumstances, the period of review may be extended. This can only be done by Federal Court order or with an entity's consent.

Entity-initiated amendments

An entity can lodge an amendment request during the applicable period of review. In certain circumstances, an assessment may be amended outside of the period of review – for example, to give effect to a private ruling or objection.

ATO-initiated amendments

We can amend an assessment during the applicable period of review.

In situation of fraud or evasion, we can amend an assessment at any time to account for anti-avoidance and anti-profit shifting

Objecting to a decision and other review mechanisms

An entity has the right to make an objection to a decision made by us within certain time limits.

An entity also has the right to apply to the Administrative Appeals Tribunal or the Federal Court of Australia for a review of some of our actions or decisions.

However, in most cases, the entity needs to lodge an objection with us and be dissatisfied with the outcome before it can seek an external review by the Administrative Appeals Tribunal or appeal to the Federal Court of Australia.

There are also other avenues for external review of our decisions, such as the Taxation Ombudsman.

See also:

Alternative dispute resolution

We support the use of alternative dispute resolution (ADR) in appropriate cases as a cost effective, informal, consensual and speedy means of resolving disputes.

ADR may also be used to resolve or narrow issues in dispute, streamline procedures and deal with ongoing relationship issues between the parties.

See also:

    Last modified: 25 Feb 2016QC 25997