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 4-25 - CHARGES AND PENALTIES  

Division 284 - Administrative penalties for statements, unarguable positions and schemes  

Subdivision 284-A - General provisions  

SECTION 284-35   APPLICATION OF DIVISION TO PARTNERSHIPS  

284-35(1)  
If you are a partner in a partnership and:


(a) a statement about the partnership net income or partnership loss is made by a partner or the partnership ' s agent to the Commissioner or to an entity who is exercising powers or performing functions under a *taxation law about the partnership; and


(b) the statement:


(i) is false or misleading in a material particular, whether because of things in it or omitted from it; or

(ii) treated an *income tax law as applying to a matter or identical matters in a particular way that was not *reasonably arguable;

this Division applies to you as if you had made the statement.

284-35(2)  
If you are a partner in a partnership and:


(a) the partnership participated in a *scheme; and


(b) the partnership net income would have been greater, or the partnership loss would have been smaller, apart from the scheme;

this Division applies to you as if the proportion of the *scheme benefit that is the same as your share of the partnership net income or partnership loss were your scheme benefit.


 

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