Part 4
-
Miscellaneous
SECTION 33
33
Offshore information notices for persons who may have obligations under Part 3 or Part 3B
For the purposes of this Act, Subdivision 353-B in Schedule
1
to the
Taxation Administration Act 1953
applies as if a reference in that Subdivision to an assessment of tax-related liability of a person were a reference to the determination of either or both of the following:
(a)
whether a person has or had an obligation under Part
3
or
3B
of this Act;
(b)
whether a person has complied with an obligation the person has or had under Part
3
or
3B
of this Act.
Note 1:
Subdivision 353-B in Schedule
1
to the
Taxation Administration Act 1953
:
(a) lets the Commissioner give a person an offshore information notice requesting the person to give the Commissioner information, or a document, that is outside Australia and that the Commissioner believes is relevant to an assessment of the person; and
(b) sets out the consequences if the person does not comply with the request.
Note 2:
Subdivision 353-A in Schedule
1
to the
Taxation Administration Act 1953
also gives the Commissioner power to require a person to give the Commissioner information or documents for the administration of this Act.
History
S 33 substituted by No 8 of 2019, s 3 and Sch 8 item 15, effective 1 April 2019. S 33 formerly read:
SECTION 33 Offshore information notices for persons who may have obligations under Part 3 or 3B
33
For the purposes of this Act, section 264A of the
Income Tax Assessment Act 1936
applies as if:
(a)
a reference in that section to an assessment of a taxpayer were a reference to the determination of either or both of the following:
(i)
whether a person has or had an obligation under Part 3 or 3B of this Act;
(ii)
whether a person has complied with an obligation the person has or had under Part 3 or 3B of this Act; and
(b)
a reference in that section to a taxpayer were a reference to a person to whom the determination described in paragraph (a) relates or is to relate; and
(c)
a reference in that section to that Act included a reference to this Act.
Note 1:
Section 264A of the
Income Tax Assessment Act 1936
:
(a) lets the Commissioner give a taxpayer an offshore information notice requesting the taxpayer to give the Commissioner information, or a document, that is outside Australia and that the Commissioner believes is relevant to an assessment of the taxpayer; and
(b) sets out the consequences if the taxpayer does not comply with the request.
Note 2:
Division 353 in Schedule 1 to the
Taxation Administration Act 1953
also gives the Commissioner power to require a person to give the Commissioner information or documents for the administration of this Act.