TAXATION ADMINISTRATION ACT 1953
Note: See section 3AA .Chapter 5 - Administration
The Commissioner may by notice in writing require you to give the Commissioner information required for the purpose of the administration or operation of a *taxation law if:
(a) both of the following apply:
(i) you have a legal or equitable interest in real or personal property;
(ii) the information is about any other *property right or interest in the property; or
(b) both of the following apply:
(i) the Commissioner is satisfied that you may have information about a property right or interest in property;
(ii) the information is about the property right or interest.
Failing to comply with a requirement may be an offence under section 8C .354-5(2)
A property right or interest is:
(a) a legal or equitable interest in the property; or
(b) a right, power or privilege in connection with the property;
whether present or future and whether vested or contingent.Content of notice 354-5(3)
The notice must specify the following:
(a) the property to which the notice applies;
(b) the information required;
(c) the period within which the information must be given;
(d) the manner of giving the information. 354-5(4)
The information required may include the following:
(a) details of your interest in the property;
(b) details (including name and address) of any person who has a *property right or interest in the property;
(c) details of any class of person who has a property right or interest in the property;
(d) details of each property right or interest in the property, including:
(i) the nature and extent of the right or interest; and
(ii) the circumstances giving rise to the right or interest.
(a) you are given a notice under paragraph (1)(a); and
(b) you do not have the information required but another person has the information;
you must make all reasonable efforts to obtain the information.354-5(6)
To avoid doubt, you may be required as a result of a notice under this section to create a document giving the information required. 354-5(7)
The period specified in the notice must be:
(a) at least 14 days after the notice is given (except if paragraph (b) applies); or
(b) if the Commissioner is satisfied that a shorter period is necessary - the shorter period. Relationship with section 353-10 354-5(8)
Nothing in this section affects the operation of section 353-10 and nothing in that section affects the operation of this section.
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