ATO Interpretative Decision

ATO ID 2002/42 (Withdrawn)

Superannuation

Reasonable Benefit Limits: Extension of time to register a transitional reasonable benefit limit (TRBL).
FOI status: may be released

This ATO ID is withdrawn from the database because it contains a view in respect of Division 14 of Part III of the Income Tax Assessment Act 1936 and Part 5A of the Income Tax Regulations 1936 (the RBL provisions). The RBL provisions do not apply for the 2007-08 income year and later income years. This ATO ID continues to be a precedential view in respect of decisions for income years up to, and including, the 2006-07 income years.

This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.

Issue

Whether the Commissioner will grant an extension of time to register a TRBL.

Decision

The Commissioner will allow an extension of time to register a TRBL.

Facts

Taxation Determination TD 97/7 sets out in what circumstances the Commissioner would register a TRBL under regulation 53E of the Income Tax Regulations after the general extension date of 4 April 1997.

The taxpayer instructed his accountant to lodge a TRBL form in 1997. The form was not lodged in accordance with those instructions.

The taxpayer changed accountants. His new accountants requested an extension of time to register a TRBL because of the difficulties the taxpayer had had with his previous accountant.

Reasons for Decision

Regulation 53E of the ITR requires that a TRBL should be registered with the Commissioner:

•: not later than 31 December 1996; or
•: if in a particular case the Commissioner allows registration at a later date - by that date.

On 12 December 1996, the Commissioner allowed a general extension for eligible persons to register TRBLs by 4 April 1997. TD 97/7 provided guidelines for allowing the registration of a TRBL after 4 April 1997.

This determination was withdrawn on 9 May 2001 following the Administrative Appeals Tribunal (AAT) decision in Case AT 1999/49, [2001] AATA 220, to allow an extension of time to register a transitional RBL after the general extension date of 4 April 1997.

The AAT's decision of regulation 53E indicated that the time limit was only set for normal and orderly administrative purposes and the discretion to grant an extension is basically unfettered.

In view of the above, the Commissioner will allow an extension of time of two months to register a transitional RBL.

Date of decision: 31 May 2001.

Legislative References:
Income Tax Assessment Act 1936
section 140ZE

Taxation Administration Act 1953
section 14ZL

Income Tax Regulations
   Regulation 52
   Regulation 53
   Regulation 53A
   Regulation 53E
   Regulation 53FA

Case References:
AAT Decision Case AT1999/49; Case [2001] AATA 220
[2001] AATA 220
46 ATR 1203

Related Public Rulings (including Determinations)
TD 97/7
TD 97/7W - Notice of Withdrawal

Keywords
Reasonable benefit limits
Transitional RBLs
Superannuation case reports
Arms length salary
Highest average salary
Extension of time

Business Line: Superannuation

Date of publication: 24 January 2002

ISSN: 1445-2782

history

	Date:	Version:
	31 May 2001	Original statement
You are here	16 November 2007	Archived

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