Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 202DF

Effect of incorrect quotation of tax file number

  (1)   If the Commissioner is satisfied:

  (a)   that the tax file number quoted to an investment body in relation to an investment:

  (i)   has been cancelled or withdrawn since it was quoted; or

  (ii)   is otherwise wrong; and

  (b)   that the investor has a tax file number;

the Commissioner may give to the investment body concerned notice of the incorrect statement and the investor's tax file number.

  (2)   If a notice is given under subsection   (1), the investor shall be regarded, for the purposes of this Part, as having always stated the investor's tax file number in connection with the investment.

  (3)   If:

  (a)   the Commissioner is satisfied that the tax file number quoted to an investment body in relation to an investment:

  (i)   has been cancelled since it was quoted; or

  (ii)   is for any other reason not the investor's tax file number; and

  (b)   the Commissioner is not satisfied that the investor has a tax file number;

the Commissioner may, by written notice given to the investment body concerned, inform the investment body accordingly.

  (4)   A notice under subsection   (3) takes effect on the day specified in the notice, being a day not earlier than the day on which a copy of the notice is given to the investor under subsection   (5).

  (5)   The Commissioner shall give a copy of any notice under subsection   (3) to the investor concerned, together with a written statement of the reasons for the decision to give the notice.

  (6)   On and from the day on which a notice under subsection   (3) takes effect, the investor concerned shall be taken not to have quoted the investor's tax file number in connection with the investment.


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