Miscellaneous Taxation Ruling

MT 2008/3W - Withdrawal

Shortfall penalties: voluntary disclosures

  • Please note that the PDF version is the authorised version of this ruling.
    This document has changed over time. View its history.

Notice of Withdrawal

Miscellaneous Taxation Ruling MT 2008/3 is withdrawn with effect from today.

1. Miscellaneous Taxation Ruling MT 2008/3 outlines the Commissioner's interpretation of section 284-225 of Schedule 1 to the Taxation Administration Act 1953 (TAA) and provides guidelines on how the discretion in subsection 284-225(5) of Schedule 1 to the TAA may be exercised.

2. Section 284-225 of Schedule 1 to the TAA was significantly amended by the Tax Laws Amendment (2010 Measures No. 1) Act 2010, with effect from 4 June 2010. Part 6 of Schedule 6 to that Act extended the administrative penalty regime in Division 284 of Schedule 1 to the TAA to false or misleading statements that do not result in a shortfall amount. This required consequential amendments throughout Division 284 of Schedule 1 to the TAA, including section 284-225 of Schedule 1 to the TAA.

3. Accordingly, this ruling is no longer current. The issues covered in MT 2008/3 are now covered by Draft Miscellaneous Taxation Ruling MT 2011/D3, which issued today.

4. However, MT 2008/3 will continue to apply to voluntary disclosures made before 4 June 2010.

Commissioner of Taxation
7 September 2011

References

ATO references:
NO 1-38M0TOA

ISSN: 1039-0731
MT 2008/3W - Withdrawal history
  Date: Version: Change:
  12 November 2008 Original ruling  
You are here 7 September 2011 Withdrawn  

Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).