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 4-25 - CHARGES AND PENALTIES  

Division 284 - Administrative penalties for statements, unarguable positions and schemes  

Subdivision 284-D - Provisions common to Subdivisions 284-B and 284-C  

SECTION 284-225   REDUCTION OF BASE PENALTY AMOUNT IF YOU VOLUNTARILY TELL THE COMMISSIONER  

284-225(1)  


The *base penalty amount for your *shortfall amount or *scheme shortfall amount, for part of it or for your false or misleading statement is reduced by 20% if:


(a) the Commissioner tells you that an examination is to be made of your affairs relating to a *taxation law for a relevant period; and


(b) after that time, you voluntarily tell the Commissioner, in the *approved form, about the shortfall, the part of it or the false or misleading nature of the statement; and


(c) telling the Commissioner can reasonably be estimated to have saved the Commissioner a significant amount of time or significant resources in the examination.

284-225(2)  


The *base penalty amount for your *shortfall amount or *scheme shortfall amount, for part of it or for your false or misleading statement is reduced under subsection (3), (4) or (4A) if you voluntarily tell the Commissioner, in the *approved form, about the shortfall amount, the part of it or the false or misleading nature of the statement before:


(a) the day the Commissioner tells you that an examination is to be made of your affairs relating to a *taxation law for a relevant period; or


(b) if the Commissioner makes a public statement requesting entities to make a voluntary disclosure by a particular earlier day about a *scheme or transaction that applies to your affairs - that earlier day.

284-225(3)  
The *base penalty amount for your *shortfall amount, or for part of it, is:


(a) reduced by 80% if the shortfall amount, or the part of it, is $1,000 or more; or


(b) reduced to nil if the shortfall amount, or the part of it, is less than $1,000.

284-225(4)  
The *base penalty amount for your *scheme shortfall amount, or for part of it, is reduced by 80%.

284-225(4A)  
The *base penalty amount for your false or misleading statement that does not result in you having a *shortfall amount is reduced to nil.

284-225(5)  


If you voluntarily tell the Commissioner, in the *approved form, about your *shortfall amount or *scheme shortfall amount, part of it or the false or misleading nature of the statement after the Commissioner tells you that an examination is to be conducted of your affairs relating to a *taxation law for a relevant period, the Commissioner may treat you as having done so before being told about the examination if the Commissioner considers it appropriate to do so in the circumstances.



This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.