Tax and Superannuation Laws Amendment (2014 Measures No. 7) Act 2015 (21 of 2015)

Schedule 1   Excess non-concessional superannuation contributions tax reforms

Taxation Administration Act 1953

18   After section 14ZVB

Insert:

14ZVC Objections relating to non-concessional contributions

Taxation decisions to which section applies

(1) This section applies to the following taxation decisions:

(a) an assessment against which a taxation objection may be made under section 175A of the Income Tax Assessment Act 1936;

(b) an excess non-concessional contributions determination (within the meaning of the Income Tax Assessment Act 1997);

(c) an assessment against which a taxation objection may be made under section 292-245 of the Income Tax Assessment Act 1997;

(d) a determination under section 292-465 of the Income Tax Assessment Act 1997, or a decision not to make a determination under that section;

(e) a direction under section 292-467 of the Income Tax Assessment Act 1997, or a decision not to make a direction under that section;

(f) 2 or more taxation decisions that are taken to be a single taxation decision under subsection (2).

Decisions treated as single decision for common objection ground

(2) If:

(a) a person makes a taxation objection at a particular time, on a particular ground, against a taxation decision to which this section applies; and

(b) at that time, the person also objects, or could also object, on that ground, against another taxation decision to which this section applies;

then, for the purposes of this Part, those taxation decisions are taken to be a single taxation decision.

Limited objection rights because of earlier objection

(3) A person cannot object under this Part against a taxation decision to which this section applies on a particular ground if:

(a) the ground was a ground for an objection the person has made against another decision to which this section applies; or

(b) the ground could have been a ground for an objection the person has made against another decision to which this section applies.


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