Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-10 - COMMISSIONER ' S REMEDIAL POWER  

Division 370 - Commissioner ' s remedial power  

Guide to Division 370  

SECTION 370-1   WHAT THIS DIVISION IS ABOUT  


The Commissioner may determine a modification of the operation of a provision of a taxation law. The modification must not be inconsistent with the intended purpose or object of the provision. Furthermore:

  • (a) the Commissioner must consider the modification to be reasonable; and
  • (b) the Department, or the Finance Department, must advise that any impact of the modification on the Commonwealth budget would be negligible.
  • Example:

    After a provision of a taxation law is enacted, it is found that, because of developments in the practices of businesses or the Commissioner, the provision imposes disproportionate compliance costs on taxpayers. The Commissioner might, under this Division, be able to modify the operation of the provision to give timely relief.

    An entity must not apply a modification if it would produce a less favourable result for the entity.

    Note:

    The Commissioner must include in the Commissioner ' s annual report under section 3B of this Act information about the exercise of his or her powers under this Division.




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