TAXATION ADMINISTRATION ACT 1953

PART IVC - TAXATION OBJECTIONS, REVIEWS AND APPEALS  

Division 3 - Taxation objections  

SECTION 14ZW   WHEN TAXATION OBJECTIONS ARE TO BE MADE  

14ZW(1)  


Subject to this section, the person must lodge the taxation objection with the Commissioner within:


(aa) if the taxation objection is made under section 175A of the Income Tax Assessment Act 1936 :


(i) if item 1, 2 or 3 of the table in subsection 170(1) of that Act applies to the assessment concerned - 2 years after notice of the assessment is given to the person; or

(ii) otherwise - 4 years after notice of the assessment concerned is given to the person; or


(aaa) if the taxation objection is made under section 78A of the Fringe Benefits Tax Assessment Act 1986 or former section 160AL of the Income Tax Assessment Act 1936 - 4 years after notice of the taxation decision to which it relates has been given to the person; or


(aaaa) if the taxation objection is made under subsection 112-36(5) or 116-120(5) of the Income Tax Assessment Act 1997 - 60 days after the notice mentioned in paragraph (b) of that subsection is given to the person; or


(aab) if the taxation objection is made under section 292-245 of the Income Tax Assessment Act 1997 - 4 years after notice of the assessment concerned is given to the person; or


(aac) if the taxation objection is made under section 97-10 in Schedule 1 on a particular ground - within the same period that the person:


(i) must lodge a taxation objection on that ground under section 175A of the Income Tax Assessment Act 1936 ; or

(ii) would be required to lodge such a taxation objection, if, disregarding subsection 175A(2) of that Act, one could be made; or


(aaca) if the taxation objection is made on a particular ground under any of the following provisions:


(i) section 175A of the Income Tax Assessment Act 1936 ;

(ii) section 97-35 in Schedule 1 to this Act;

(iii) section 292-245 , 292-465 or 292-467 of the Income Tax Assessment Act 1997 ;
within the same period that the person must lodge a taxation objection on that ground under section 292-245 of the Income Tax Assessment Act 1997 ; or


(aad) if the taxation objection is made under subsection 8AAZLGA(6) of this Act (retaining refunds while Commissioner verifies information) - the period:


(i) starting at the end of the 60 day period after the end of the day before which, under subsection 8AAZLGA(3) , the Commissioner is required to inform the entity mentioned in section 8AAZLGA that the Commissioner has retained an amount under that section; and

(ii) ending on the day (if any) on which there is a change, of a kind mentioned in paragraph 8AAZLGA(5)(c) , to how much the Commissioner is required to refund in relation to the amount; or


(aae) if the taxation objection is made under subsection 8AAZLGB(4) of this Act (retaining refunds until notification under Division 389 or ascertainment of liability) - the period:


(i) starting at the end of the 60 day period after the end of the day before which, under subsection 8AAZLGB(2) , the Commissioner is required to inform the entity mentioned in section 8AAZLGB that the Commissioner has retained an amount under that section; and

(ii) ending on the day (if any) on which, under subsection 8AAZLGB(3) , the Commissioner ceases to be entitled to retain the amount; or


(ab) if the taxation objection is a delayed administration (beneficiary) objection made under subsection 260-145(5) in Schedule 1 (because of paragraph (a) of that subsection) or subsection 220(3) of the Income Tax Assessment Act 1936 (not including that subsection as applied by any other Act) - 4 years after notice of the taxation decision to which it relates has been first published; or


(ac) if the taxation objection is a delayed administration (trustee) objection made under subsection 260-145(5) in Schedule 1 (because of paragraph (b) of that subsection) or subsection 220(7) of the Income Tax Assessment Act 1936 (not including that subsection as applied by any other Act) - 4 years after probate of the will, or letters of administration of the estate, of the deceased person concerned has been granted; or


(a) if the taxation objection is a delayed administration (beneficiary) objection to which paragraph (ab) does not apply - 60 days after notice of the taxation decision to which it relates has been first published; or


(b) if the taxation objection is a delayed administration (trustee) objection to which paragraph (ac) does not apply - 60 days after probate of the will, or letters of administration of the estate, of the deceased person concerned has been granted; or


(ba) if the taxation objection is an objection under subsection 359-50(3) in Schedule 1 against the Commissioner ' s failure to make a private ruling - 60 days after the end of the period of 30 days referred to in that subsection; or


(bb) if the taxation objection is made under section 66 of the Petroleum Resource Rent Tax Assessment Act 1987 to an assessment under that Act - 4 years after notice of the assessment is given to the person; or


(bc) (Repealed by No 93 of 2011)


(bd) if the taxation objection is made under section 20P of the Superannuation (Unclaimed Money and Lost Members) Act 1999 against a notice given to a superannuation provider under section 20C of that Act and the person is not the superannuation provider - 2 years after the notice was given to the superannuation provider; or


(be) if the taxation objection is made under section 20P of the Superannuation (Unclaimed Money and Lost Members) Act 1999 against a decision under Division 4 or 5 of Part 3A of that Act and the person is not a superannuation provider (as defined in that Act) - 2 years after the person was given notice of the decision; or


(bf) if the taxation objection is made under subsection 155-30(2) in Schedule 1 to this Act - 60 days after the end of the period of 30 days mentioned in that subsection; or


(bg) if the taxation objection is made under Subdivision 155-C in Schedule 1 to this Act - the period mentioned in paragraph 155-35(2)(a) in that Schedule in relation to the assessment concerned; or


(bh) (Repealed by No 34 of 2014)


(bi) if the taxation objection is made under section 265-110 in Schedule 1 to this Act (about directions to pay superannuation guarantee charge) - the period specified for the purposes of paragraph 265-90(3)(c) in the direction given to the person (subject to subsection 265-115(2) ); or


(bj) if the taxation objection is made under section 384-40 in Schedule 1 to this Act (about education directions) - the period specified for the purposes of subsection 384-15(2) in the direction given to the person (subject to subsection 384-35(7) ); or


(c) in any other case - 60 days after notice of the taxation decision to which it relates has been served on the person.

14ZW(1AAA)  
(Repealed by No 39 of 2012)

14ZW(1AAB)  
(Repealed by No 39 of 2012)

14ZW(1AABA)  
(Repealed by No 39 of 2012)

14ZW(1AAC)  


The person cannot lodge a taxation objection against a private indirect tax ruling after the end of whichever of the following ends last:


(a) 60 days after the ruling was made;


(b) 4 years after the last day allowed to the person for lodging a return relating to the assessment of the assessable amount to which the ruling relates.

14ZW(1A)  


The person cannot lodge a taxation objection against a private ruling (other than a private indirect tax ruling, or a ruling that relates to an excise law) that relates to a year of income after the end of whichever of the following ends last:


(a) 60 days after the ruling was made;


(b) whichever of the following is applicable:


(i) if item 1, 2 or 3 of the table in subsection 170(1) of the Income Tax Assessment Act 1936 applies to the person ' s assessment for that income year - 2 years after the last day allowed to the person for lodging a return in relation to the person ' s income for that year of income;

(ii) otherwise - 4 years after that day.

14ZW(1AB)  
(Repealed by No 96 of 2014)

14ZW(1AC)  
(Repealed by No 96 of 2014)

14ZW(1AA)  


The person cannot lodge a taxation objection against a private ruling that relates to a year of tax and a petroleum project under the Petroleum Resource Rent Tax Assessment Act 1987 after the end of whichever of the following ends last:


(a) the 60 days after the ruling was made;


(b) the 4 years after the last day allowed to the person for lodging a return in relation to the year of tax and the project.

14ZW(1B)  


If:


(a) section 14ZV applies to a taxation objection; and


(b) apart from this subsection, subparagraph (1)(aa)(ii) or paragraph (1)(aaa), (aab), (ab), (ac), (bb), (bf) or (bg) would apply to the taxation objection;

the person must lodge the taxation objection before the end of whichever of the following ends last:


(c) the 4 years after notice of the assessment or determination that has been amended by the amended assessment or amended determination to which the taxation objection relates has been served on the person;


(d) the 60 days after the notice of the amended assessment or amended determination to which the taxation objection relates has been served on the person.

14ZW(1BA)  


If:


(a) section 14ZV applies to a taxation objection; and


(b) apart from this subsection, subparagraph (1)(aa)(i) would apply to the taxation objection;

the person must lodge the taxation objection before the end of whichever of the following ends last:


(c) 2 years after notice of the assessment or determination that has been amended by the amended assessment or amended determination to which the taxation objection relates has been served on the person;


(d) 60 days after the notice of the amended assessment to which the taxation objection relates has been served on the person.

14ZW(1BB)  
If:


(a) the taxation objection is against an assessment by the Commissioner of the amount of an administrative penalty under Division 284 ; and


(b) that penalty relates to an assessment of the person; and


(c) the person has longer than 60 days to lodge a taxation objection against the assessment referred to in paragraph (b);

the person must lodge the taxation objection within that longer period.

14ZW(1C)  


For the purposes of paragraph (1B)(c), if an assessment or determination has been amended more than once, the notice is the notice of the first assessment or determination in relation to the year of income, franking year or year of tax, as the case requires.

14ZW(1D)  
(Repealed by No 54 of 2003)

14ZW(2)  


If the period within which an objection by a person is required to be lodged has passed, the person may nevertheless lodge the objection with the Commissioner together with a written request asking the Commissioner to deal with the objection as if it had been lodged within that period.

14ZW(3)  


The request must state fully and in detail the circumstances concerning, and the reasons for, the person ' s failure to lodge the objection with the Commissioner within the required period.

14ZW(4)  


The 60 day period mentioned in subparagraph (1)(aad)(i) (including the period as extended by a previous application of this subsection) is extended by the number of days during that period in relation to which the following paragraphs apply:


(a) on or before the day, but during the period, the Commissioner requests information from the entity for the purposes of verifying the notified information mentioned in section 8AAZLGA ;


(b) the Commissioner does not receive the requested information before the day.




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