Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 436

436 Assessments because of duty benefit from scheme

(1) If a duty benefit has been obtained, or would apart from this chapter be obtained, by the avoider from a scheme, the commissioner may decide that the amount of the duty benefit is payable as duty as decided by the commissioner.

(2) The commissioner must—

(a) give notice of the decision, and the reasons for the decision, to the avoider; and

(b) make an assessment of duty on the basis of the decision.

Note—

For objections and appeals against assessments, see the Administration Act, part 6 .

(3) Subsection (4) applies if the commissioner—

(a) has made an assessment under subsection (2) ; and

(b) is satisfied—

(i) a person, other than the avoider is liable to duty that would not have been assessed if the scheme had not been entered into or carried out; and

(ii) it would be fair and reasonable that the amount or part of the amount of duty should not have been assessed.

(4) Despite the limitation period under the Administration Act for reassessments, the commissioner must, for the other person, make a reassessment on the basis that the amount or part of the amount of duty is not payable.

Note—

See the Administration Act , part 3 (Assessments of tax), division 3 (Reassessments).

(5) For the reassessment, the other person must lodge the instruments required for the original assessment.