Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 74

74. (1) The Commissioner may, at any time within a period of 3 years after the
original assessment date in relation to an assessment, amend the assessment by
making such alterations or additions to it as the Commissioner thinks
necessary.

(2) Subject to this section, the Commissioner may, after the end of 3 years
after the original assessment date in relation to an assessment, amend the
assessment by making such alterations or additions to it as the Commissioner
thinks necessary.

(3) Where-

   (a)  an employer does not make a full and true disclosure of all the
        material facts necessary for an assessment of the tax payable by the
        employer;

   (b)  the Commissioner makes an assessment; and

   (c)  there is an avoidance of tax, the Commissioner may-

   (d)  where the Commissioner is of the opinion that the avoidance of tax is
        due to fraud or evasion-at any time; and

   (e)  in any other case-within 6 years after the original assessment date in
        relation to the assessment, amend the assessment by making such
        alterations or additions to it as the Commissioner thinks necessary.

(4) No amendment effecting a reduction in the liability of an employer under
an assessment shall be made after the end of 3 years after the original
assessment date.

(5) Where an assessment has been amended under this section in any particular,
the Commissioner may, within 3 years after the date on which the amended
assessment is made, make, in or in respect of that particular, such further
amendment of the assessment as, in the Commissioner's opinion, is necessary to
effect such reduction in the liability of the employer liable to pay tax under
the assessment as is just.

(6) Where an employer-

   (a)  applies, within 3 years after the original assessment date in relation
        to an assessment, for an amendment of an assessment; and

   (b)  supplies to the Commissioner within that period all information needed
        by the Commissioner for the purposes of determining the application
        made by the employer, the Commissioner may amend the assessment,
        notwithstanding that that period has expired.

(7) Nothing in this section prevents the amendment of an assessment-

   (a)  in order to give effect to a decision on a review or appeal; or

   (b)  by way of reduction in any particular pursuant to an objection made
        under this Act or pending an appeal or review.

(8) The Commissioner may, at any time, amend an assessment of additional tax
under Part VIII.