CRIMES (TAXATION OFFENCES) ACT 1980 [ARCHIVE]

PART III - OFFENCES RELATING TO INCOME TAX  

SECTION 13 [ARCHIVE]   APPLICATION OF PART I AND PART II IN RELATION TO INCOME TAX  

13(1)   [References to income tax etc]  

Without prejudice to their effect apart from this section, subsection 3(3) , paragraph 3(4)(e) and the provisions of Part II (other than section 8 and subsection 10(3) ) also have the effect they would have if:


(a) a reference in any of those provisions to old sales tax were a reference to income tax;


(b) a reference in any of those provisions to future old sales tax were a reference to future income tax;


(c) a reference in any of those provisions to some one or other of the Sales Tax Assessment Acts were a reference to the Income Tax Assessment Act; and


(d) a reference in any of those provisions, in relation to a company or trustee, to old sales tax moneys were a reference to income tax moneys.

13(2)   [Income tax payable etc]  

For the purposes of the application of the provisions of Part II (other than section 8 and subsection 10(3) ) in accordance with subsection (1) of this section:


(a) a reference in any of those provisions to the income tax payable by a company or trustee, in relation to the intention of a person entering into, or the knowledge or belief of a person concerning, an arrangement or transaction shall be read as a reference to some or all of the income tax due and payable by the company or the trustee at the time when the arrangement or transaction was entered into;


(b) a reference in any of those provisions to future income tax payable by a company or trustee, in relation to the intention of a person entering into, or the knowledge or belief of a person concerning, an arrangement or transaction shall be read as a reference to some or all of the income tax that may reasonably be expected by that person to become payable by the company or trustee after the arrangement or transaction is entered into;


(c) a reference in any of those provisions, other than subsections 10(1) and (2) , in relation to a company or trustee, to income tax moneys shall be read as a reference to:


(i) income tax payable by the company or trustee; and

(ii) costs ordered by a court against a company or trustee in a proceeding for the recovery of income tax; and


(d) a reference in subsections 10(1) and (2) to income tax moneys shall be read as a reference to income tax that has been assessed under the Income Tax Assessment Act.

13(3)   [Liability for income tax]  

For the purposes of the application of subsection 10(2) , section 11 and section 12 in accordance with the preceding provisions of this section, the liability of a company or trustee in respect of income tax moneys that have been assessed shall not be taken not to be finally determined by reason only of the possibility of the Commissioner amending the assessment(otherwise than as a result of an objection being allowed or to give effect to a decision of the Administrative Appeals Tribunal or a court).




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