Tax and Superannuation Laws Amendment (2013 Measures No. 1) Act 2013 (88 of 2013)

Schedule 5   Loss carry back

Part 2   Ascertainment of totals of tax offset refunds

Division 1   Amendments relating to the 2012-13 income year

Income Tax (Transitional Provisions) Act 1997

10   At the end of Part 2-20

Add:

Division 67 - Refundable tax offset rules

Table of Subdivisions

67-L Notices of totals of tax offset refunds for 2012-13 income year

Subdivision 67-L - Notices of totals of tax offset refunds for 2012-13 income year

Table of sections

Giving notices

67-100 Notices of total of tax offset refunds

67-105 Deemed notices

67-110 Requests for notices

67-115 Effect of notices

Amending notices

67-120 Amendment of notices

Validity of notices, evidence and review

67-125 Validity of notices

67-130 Evidence

67-135 Review of notices

Giving notices

67-100 Notices of total of tax offset refunds

(1) The Commissioner may at any time give you a notice specifying:

(a) the amount the Commissioner has ascertained as being the total of your tax offset refunds for the 2012-13 income year; or

(b) that the Commissioner has ascertained that you can get no such refunds for the 2012-13 income year.

(2) The notice may be included in any notice the Commissioner gives to you, including a notice of assessment.

(3) The Commissioner may give you the notice electronically if you are required to lodge, or have lodged, your income tax return for the income year electronically.

67-105 Deemed notices

(1) This section applies if:

(a) an entity is a self-assessment entity for the 2012-13 income year; and

(b) the entity lodges its income tax return for the 2012-13 income year at a particular time; and

(c) just before that time, the Commissioner has not already given the entity a notice under section 67-100.

(2) The Commissioner is taken:

(a) to have ascertained, in accordance with what the entity specified in the return:

(i) an amount as being the total of the entity's tax offset refunds for the income year; or

(ii) that the entity can get no such refunds for the income year; and

(b) to have given the entity a notice to that effect under section 67-100 on the day on which the entity lodges the return.

67-110 Requests for notices

(1) You may request the Commissioner in the approved form to give you a notice under this Subdivision.

(2) The Commissioner must comply with the request if:

(a) the Commissioner has not already given you a notice under this Subdivision; and

(b) you make the request on or after:

(i) the day you lodge your income tax return for the income year; or

(ii) if you were not required to lodge an income tax return for the income year - the day after the end of the income year; and

(c) you make the request before the end of:

(i) if the Commissioner has given or gives you a notice of assessment for the income year - the period within which you may object against the assessment under paragraph 14ZW(1)(aa) of the Taxation Administration Act 1953; or

(ii) otherwise - 2 years after the end of the income year; or

(iii) in any case - such further period as the Commissioner allows.

(3) The Commissioner is treated, for the purposes of section 67-135, as having given you, on the 60th day after you make the request, a notice specifying that the Commissioner has ascertained that you can get no tax offset refunds for the income year, if the Commissioner has not complied with the request by that 60th day.

67-115 Effect of notices

(1) Your entitlement to a tax offset refund, and the time by which the refund must be applied in accordance with Divisions 3 and 3A of Part IIB of the Taxation Administration Act 1953, do not depend on, and are not in any way affected by, the giving of a notice under this Subdivision.

(2) An ascertainment mentioned in subsection 67-100(1) is not an assessment for the purposes of the income tax law.

Amending notices

67-120 Amendment of notices

The Commissioner may amend a notice at any time. An amended notice is a notice for all purposes of this Subdivision.

Validity of notices, evidence and review

67-125 Validity of notices

The validity of a notice is not affected by non-compliance with the provisions of this Act or of any other taxation law.

67-130 Evidence

(1) The production of:

(a) a notice given under this Subdivision; or

(b) a document under the hand of the Commissioner, a Second Commissioner, or a Deputy Commissioner, purporting to be a copy of a notice given under this Subdivision;

is, except in proceedings under Part IVC of the Taxation Administration Act 1953 on a review or appeal relating to the notice, conclusive evidence that the notice was given and of the particulars in it.

(2) The production of a document under the hand of the Commissioner, a Second Commissioner, or a Deputy Commissioner, purporting to be a copy of or extract from a notice given under this Subdivision is evidence of the matters set out in the document to the same extent as the original would have been evidence of those matters.

67-135 Review of notices

(1) You may object, in the manner set out in Part IVC of the Taxation Administration Act 1953, against a notice given to you under this Subdivision if you are dissatisfied with the notice.

(2) Section 14ZV of the Taxation Administration Act 1953 applies to an amended notice in the same way as it applies to an amended determination.

(3) Despite subsection 14ZW(1) of that Act (and without limiting subsections 14ZW(2) and (3)), you must lodge the objection with the Commissioner before the end of:

(a) if the Commissioner gives you a notice of assessment for the income year - the period within which you may object against the assessment; or

(b) if the Commissioner does not give you a notice of assessment - the period within which you may have objected against an assessment under subsection 14ZW(1) if the Commissioner had given you notice of the assessment on the day the Commissioner gave you the notice under this Subdivision.

Division 2 - Amendments applying from the 2013-14 year of income