Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
If the Commissioner requires you to give security under section 255-100 , he or she must give you written notice of the requirement. Content of notice 255-105(2)
The notice must:
(a) state that you are required to give the security to the Commissioner; and
(b) explain why the Commissioner requires the security; and
(c) set out the amount of the security; and
(d) describe the means by which you are required to give the security under subsection 255-100(2) ; and
(e) specify the time by which you are required to give the security; and
(f) explain how you may have the Commissioner ' s decision to require you to give the security reviewed. 255-105(3)
To avoid doubt, a single notice may relate to security for the payment of 2 or more existing or future *tax-related liabilities, but must comply with subsection (2) in relation to each of them. When notice is given 255-105(4)
Despite section 29 of the Acts Interpretation Act 1901 , a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
A failure to comply with this section does not affect the validity of the requirement to give the security under section 255-100 .
Note: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rules
PART 4-15
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COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS
Division 255
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General rules about collection and recovery
Subdivision 255-D
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Security deposits
SECTION 255-105
NOTICE OF REQUIREMENT TO GIVE SECURITY
Commissioner must give notice of requirement to give security
255-105(1)
If the Commissioner requires you to give security under section 255-100 , he or she must give you written notice of the requirement. Content of notice 255-105(2)
The notice must:
(a) state that you are required to give the security to the Commissioner; and
(b) explain why the Commissioner requires the security; and
(c) set out the amount of the security; and
(d) describe the means by which you are required to give the security under subsection 255-100(2) ; and
(e) specify the time by which you are required to give the security; and
(f) explain how you may have the Commissioner ' s decision to require you to give the security reviewed. 255-105(3)
To avoid doubt, a single notice may relate to security for the payment of 2 or more existing or future *tax-related liabilities, but must comply with subsection (2) in relation to each of them. When notice is given 255-105(4)
Despite section 29 of the Acts Interpretation Act 1901 , a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
Note:
Section 28A of the Acts Interpretation Act 1901 may be relevant to giving a notice under subsection (1).
Miscellaneous 255-105(5)A failure to comply with this section does not affect the validity of the requirement to give the security under section 255-100 .
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