Senate

Taxation Laws Amendment Bill (No. 3) 1991

Taxation Laws Amendment Act (No. 3) 1991

Supplementary Explanatory Memorandum

(Circulated by the authority of the Treasurer, the Hon. J. Kerin, M.P)

Summary of proposed amendments

Two amendments to Part 7 of the Bill are to be moved on behalf of the Government. These amendments relate to the imposition of a time limit in relation to the determination of taxation objections and to an amendment to Schedule 1 of the Administrative Decisions (Judicial Review) Act (AD(JR) Act).

Time limit in relation to taxation objections

The effects of the proposed amendments on taxation objections are:

·
A time limit will be imposed on the Commissioner within which he is to determine an objection.
·
This time limit will only apply if the person gives the Commissioner notice that he is to make a decision on the objection.
·
If the Commissioner has not made a decision on the objection within the time specified then he is taken to have made a decision to disallow the objection. Taxpayers' will then have the usual rights of review of objection decisions.

Schedule 1 of AD(JR) Act

The effect of the proposed amendment of paragraph (ga) of Schedule 1 of the AD(JR) Act is to ensure the continuation of the right to dual avenues of review (ie. appeal to the Federal Court or application for review to the AAT, or review under the AD(JR) Act) in respect of those objection decisions that do not relate to assessments or calculations of tax, charge or duty.


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