TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-30 - DIVERTED PROFITS TAX  

Division 145 - Assessments of diverted profits tax  

Guide to Division 145  

SECTION 145-15   PERIOD OF REVIEW OF DPT ASSESSMENTS  

145-15(1)  
Despite subsection 155-35(2) , the period of review , for the *DPT assessment, is:


(a) the period:


(i) starting on the day on which the Commissioner first gives notice of the assessment to the entity that is the subject of the assessment under section 155-10 ; and

(ii) ending on the last day of the period of 12 months starting the day after that day; or


(b) if:


(i) the entity, by written notice given to the Commissioner, specifies a shorter period in accordance with subsection (2); and

(ii) the Federal Court of Australia has not made an order under subsection (3) in respect of the written notice;

that shorter period; or


(c) if the period of review is extended under subsection 155-35(3) or (4) - the period as so extended.

145-15(2)  
For the purposes of subparagraph (1)(b)(i), the shorter period must:


(a) start on the day mentioned in subparagraph (1)(a)(i); and


(b) end on a day that is at least 30 days after the day on which the entity gives the written notice to the Commissioner.

145-15(3)  
For the purposes of subparagraph (1)(b)(ii), the Federal Court of Australia may make an order under this subsection in respect of the written notice if:


(a) the Commissioner has started to examine the entity ' s affairs in relation to the assessment; and


(b) the Commissioner has not completed the examination within the shorter period specified in the written notice; and


(c) the Commissioner, within 30 days after the day on which the entity gives the written notice to the Commissioner, applies to the Court for the order; and


(d) the Court is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the shorter period specified in the written notice, because of:


(i) any action taken by the entity; or

(ii) any failure by the entity to take action that it would have been reasonable for the entity to take.

145-15(4)  
Despite subsection 155-35(5) , in relation to the *DPT assessment:


(a) an order may be made under subsection 155-35(3) only once; and


(b) consent may be given under subsection 155-35(4) only once.


 

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