Draft Taxation Determination

TD 92/D209

Income tax: what are the consequences if a taxpayer fails to respond to a notice to produce documentary evidence, issued under subsection 82KZA(2) the Income Tax Assessment Act 1936?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 93/12.

FOI status:

draft only - for comment

Preamble

Draft Taxation Determinations (TDs) represent the preliminary, though considered, views of the ATO. Draft TDs may not be relied on; only final TDs are authoritative statements of the ATO.

1. The failure of a taxpayer to respond to a notice under subsection 82KZA(2), will result in a deduction for the unsubstantiated expense being disallowed, and deemed to have never been allowable.

2. The failure to respond to the notice is not an offence.

3. Interest may be imposed under section 170AA.

Commissioner of Taxation
12/11/92

References

ATO references:
NO BANTD13

ISSN: 1038-8982

Subject References:
penalties
penalty tax
substantiation

Legislative References:
ITAA 82KZA(2)
ITAA 82KZA(3)
ITAA 82KZA(4)
ITAA 170AA

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