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 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 268 - Estimates  

Subdivision 268-B - Making estimates  

SECTION 268-10   COMMISSIONER MAY MAKE ESTIMATE  

Estimate

268-10(1)  


The Commissioner may estimate the unpaid and overdue amount of a liability (the underlying liability ) of yours:


(a) under section 16-70 in this Schedule (requirement to pay to the Commissioner amounts you have withheld under the Pay as you go withholding rules); or


(b) to pay superannuation guarantee charge for a * quarter under section 16 of the Superannuation Guarantee (Administration) Act 1992 , to the extent the superannuation guarantee charge has not been assessed before the Commissioner makes the estimate; or


(c) to pay a *net amount for a *tax period, to the extent that the net amount has not been assessed before the Commissioner makes the estimate.

268-10(1A)  


For the purposes of this Division, your superannuation guarantee charge for a * quarter is treated as being payable on the day by which you must lodge a superannuation guarantee statement for the quarter under section 33 of the Superannuation Guarantee (Administration) Act 1992 , even if, on that day, the charge has not been assessed under that Act.

268-10(1B)  


For the purposes of this Division, if you have a *net amount for a *tax period:


(a) you are treated as being liable to pay that net amount; and


(b) that liability is treated as having arisen on the day by which you must give your *GST return for the tax period to the Commissioner in accordance with Division 31 of the *GST Act; and


(c) that liability is treated as being payable on that day; and


(d) the entire amount of that liability is treated as being unpaid.

Amount of estimate

268-10(2)  
The amount of the estimate must be what the Commissioner thinks is reasonable.

268-10(3)  


In making the estimate, the Commissioner may have regard to anything he or she thinks relevant.
Example 1:

In the case of an underlying liability under section 16-70 (requirement to pay to the Commissioner amounts you have withheld under the Pay as you go withholding rules), the Commissioner may have regard to information about amounts you withheld under the Pay as you go rules before the period in relation to which the underlying liability arose.

Example 2:

In the case of an underlying liability to pay superannuation guarantee charge for a quarter, the Commissioner may have regard to information about your contributions to RSAs and complying superannuation funds for earlier quarters.

Only one estimate for each liability

268-10(4)  
While the estimate is in force, the Commissioner cannot make another estimate relating to the underlying liability.

268-10(5)  
For the purposes of subsection (4), the estimate is in force if:


(a) the Commissioner has given you notice of the estimate; and


(b) the estimate has not been revoked; and


(c) your liability to pay the estimate has not been discharged.


 

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