Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-35 - REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES  

Division 426 - Process of endorsing charities and other entities  

Subdivision 426-B - Process of endorsement etc.  

SECTION 426-55   REVOKING ENDORSEMENT  

426-55(1)  


The Commissioner may revoke the endorsement of an entity if:


(a) at any time after the date of effect of the endorsement, the entity is not, or was not, entitled to be endorsed; or


(b) the Commissioner has required the entity under section 426-40 to provide information or a document that is relevant to its entitlement to endorsement and the entity has not provided the required information or document within the time specified in the requirement; or


(c) in the case of an entity endorsed under section 30-120 of the Income Tax Assessment Act 1997 - the entity has contravened Subdivision 30-CA of that Act (which requires the entity to ensure that certain things are stated in any receipts it issues for certain gifts).

Note:

The conditions for an entity to be entitled to be endorsed are set out in:

  • (a) subsection 176-1(2) of the GST Act; and
  • (b) subsections 58PB(4) and (4A) , 123C(2) , 123D(2) and 123E(2) of the Fringe Benefits Tax Assessment Act 1986 ; and
  • (c) sections 30-120 and 50-105 of the Income Tax Assessment Act 1997 .
  • 426-55(2)  
    The revocation has effect from a day specified by the Commissioner (which may be a day before the Commissioner decided to revoke the endorsement).

    426-55(3)  


    However, if the Commissioner revokes the endorsement because the entity is not, or was not, entitled to it, the Commissioner must not specify a day before the day on which the entity first ceased to be entitled.

    426-55(4)  
    The Commissioner must give the entity written notice if the Commissioner revokes its endorsement.

    426-55(5)  
    The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice.


     

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