TAXATION ADMINISTRATION ACT 1953

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

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-50 - RELEASE FROM PARTICULAR LIABILITIES  

Division 340 - Commissioner ' s power in cases of hardship  

Operative provisions  

SECTION 340-5   RELEASE FROM PARTICULAR LIABILITIES IN CASES OF SERIOUS HARDSHIP  

Applying for release

340-5(1)  
You may apply to the Commissioner to release you, in whole or in part, from a liability of yours if section 340-10 applies to the liability.

340-5(2)  


The application must be in the *approved form.

340-5(3)  


The Commissioner may release you, in whole or in part, from the liability if you are an entity specified in the column headed " Entity " of the following table and the condition specified in the column headed " Condition " of the table is satisfied.


Entity and condition
Item Entity Condition
1 an individual you would suffer serious hardship if you were required to satisfy the liability
2 a trustee of the estate of a deceased individual the dependants of the deceased individual would suffer serious hardship if you were required to satisfy the liability

Effect of the Commissioner ' s decision

340-5(4)  
If the Commissioner:


(a) refuses to release you in whole from the liability; or


(b) releases you in part from the liability;

nothing in this section prevents you from making a further application or applications under subsection (1) in relation to the liability.

Notification of the Commissioner ' s decision

340-5(5)  
The Commissioner must notify you in writing of the Commissioner ' s decision within 28 days after making the decision.

340-5(6)  
A failure to comply with subsection (5) does not affect the validity of the Commissioner ' s decision. Objections against the Commissioner ' s decision

340-5(7)  
If you are dissatisfied with the Commissioner ' s decision, you may object against the decision in the manner set out in Part IVC .




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