Commonwealth Consolidated Acts

TRUST RECOUPMENT TAX ASSESSMENT ACT 1985 - SECT 4

  (1)   Unless the contrary intention appears in this Act, sections   6 and 7A, Part   II, section   21, Part   IV, section   204 , and Parts VII and VIII of the Assessment Act, Part   IIA of, and Part   4 - 15 in Schedule   1 to, the Taxation Administration Act 1953 , and regulations made under those Acts , apply for the purposes of the assessment and collection of trust recoupment tax and penalty tax, in like manner, mutatis mutandis , as those provisions apply for the purposes of the assessment and collection of income tax under the Assessment Act.

  (2)   A reference in this Act to a provision of the Assessment Act or of the T axation Administration Act 1953 shall, unless the contrary intention appears, be read as a reference to that provision in its application, in accordance with subsection   ( 1), for the purposes of this Act.

  (3)   For the purposes of section   14 of the Assessment Act, this Act shall be deemed to be part of the Assessment Act.

  (4)   Nothing in section   355 - 25 or 355 - 155 in Schedule   1 of the Taxation Administration Act 1953 prevents:

  (a)   the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, liable to pay trust recoupment tax, or to pay income tax by virtue of the operation of section   7 of this Act, of information relating to the affairs of another person where that information was, or in the opinion of the Commissioner is likely to be, taken into account in the assessment of the liability of the first - mentioned person to pay trust recoupment tax, or to pay income tax by virtue of the operation of section   7 of this Act, as the case may be; or

  (b)   the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, jointly and severally liable with other persons to pay trust recoupment tax, of the identity of, and particulars of the liability of, any of the other persons liable to pay that trust recoupment tax.

  (5)   Nothing in section   170 of the Assessment Act prevents the amendment, at any time, of an assessment for the purpose of giving effect to subsection   6(2) or section   7 of this Act.

  (7)   Unless the contrary intention appears, a reference in section   215 of the Assessment Act to tax shall be deemed to include a reference to:

  (a)   trust recoupment tax;

  (b)   late payment tax;

  (c)   applied penalty tax; and

  (d)   penalty tax.

  (9)   For the purposes of the application of any of the provisions of the Assessment Act   or of the Taxation Administration Act 1953 in accordance with subsection   ( 1), where 2 or more persons are jointly and severally liable to pay trust recoupment tax, or penalty tax, on a secondary taxable amount, service of a notice of assessment or any other notice in respect of that liability on any of those persons shall be deemed to be service of the notice on each of those persons.

  (10)   The validity of an assessment of the trust recoupment tax or penalty tax payable on a secondary taxable amount by the persons included in an eligible beneficiaries class in relation to that secondary taxable amount is not affected by reason that the notice of assessment identifies only one or some of the persons included in that eligible beneficiaries class.