Taxation Administration Act 1953
SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
PART 4-25
-
CHARGES AND PENALTIES
Division 284
-
Administrative penalties for statements, unarguable positions and schemes
Subdivision 284-A
-
General provisions
SECTION 284-15
WHEN A MATTER IS REASONABLY ARGUABLE
284-15(1)
A matter is reasonably arguable if it would be concluded in the circumstances, having regard to relevant authorities, that what is argued for is about as likely to be correct as incorrect, or is more likely to be correct than incorrect.
284-15(2)
To the extent that a matter involves an assumption about the way in which the Commissioner will exercise a discretion, the matter is only reasonably arguable if, had the Commissioner exercised the discretion in the way assumed, a court would be about as likely as not to decide that the exercise of the discretion was in accordance with law.
284-15(3)
Without limiting subsection (1) , these authorities are relevant: (a) a *taxation law; (b) material for the purposes of subsection 15AB(1) of the Acts Interpretation Act 1901 ; (c) a decision of a court (whether or not an Australian court), the *AAT or a Board of Review; (d) a *public ruling.
View history note
Hide history noteNote: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesA matter is reasonably arguable if it would be concluded in the circumstances, having regard to relevant authorities, that what is argued for is about as likely to be correct as incorrect, or is more likely to be correct than incorrect.
Note:
For the effect of transfer pricing documentation on when a matter is reasonably arguable, see Subdivision 284-E .
284-15(2)
To the extent that a matter involves an assumption about the way in which the Commissioner will exercise a discretion, the matter is only reasonably arguable if, had the Commissioner exercised the discretion in the way assumed, a court would be about as likely as not to decide that the exercise of the discretion was in accordance with law.
284-15(3)
Without limiting subsection (1) , these authorities are relevant: (a) a *taxation law; (b) material for the purposes of subsection 15AB(1) of the Acts Interpretation Act 1901 ; (c) a decision of a court (whether or not an Australian court), the *AAT or a Board of Review; (d) a *public ruling.
[ CCH Note: S 284-15(3) will be amended by No 38 of 2024, s 3 and Sch 1 item 74, by substituting " Administrative Appeals Tribunal, the *ART " for " *AAT " in para (c), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.