Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
PART 4-50
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RELEASE FROM PARTICULAR LIABILITIES
Division 340
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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.
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;
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 .
View history note
Hide history noteNote: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesYou 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 |
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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