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TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL (No. 2)
2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 9 amended (What is dutiable property?)
6. Section 24 inserted
24. Certain transactions concerning leases of commercial
property
7. Section 54 inserted
54. Exemptions relating to special disability trusts
8. Section 61 amended (Land holdings of private corporations)
9. Section 225 amended (Intergenerational rural transfers)
10. Sections 259C and 259D inserted
259C. Transitional provisions consequent on repeal of
Revenue Legislation (Miscellaneous Amendments)
Act 2002
259D. Savings and transitional provisions consequent on
repeal of Revenue Measures Act 2005
[Bill 67]-XI
PART 3 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
11. Principal Act
12. Section 28 inserted
28. Limitation on review of decisions
PART 4 - LAND TAX ACT 2000 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
15. Section 6 amended (Principal residence land)
PART 5 - PAYROLL TAX ACT 2008 AMENDED
16. Principal Act
17. Section 3 amended (Definitions)
18. Section 18 amended (Inclusion of grant of shares and options as
wages)
19. Section 19 amended (Choice of relevant day)
20. Section 23 amended (Value of shares and options)
21. Section 24 amended (Inclusion of shares and options granted to
directors as wages)
22. Schedule 3 amended (Savings, transitional and other provisions)
PART 6 - TAXATION ADMINISTRATION ACT 1997 AMENDED
23. Principal Act
24. Section 28 amended (Application for refund)
25. Section 29 substituted
29. Refund
26. Section 80 amended (Objection)
27. Section 120A inserted
120A. Savings and transitional provisions consequent on
repeal of Revenue Measures Act 2005
PART 7 - TAXATION ADMINISTRATION ACT 1997 FURTHER
AMENDED
28. Principal Act
29. Section 19A inserted
19A. Effect on assessment of change in interpretation
2
30. Section 29AA inserted
29AA. Effect on refund of change in interpretation
PART 8 - LEGISLATION REPEALED
31. Legislation repealed
PART 9 - REPEAL OF ACT
32. Repeal of Act
SCHEDULE 1 - LEGISLATION REPEALED
3
4
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL (No. 2)
2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
15 November 2011
(Brought in by the Treasurer, the Honourable Larissa Tahireh
Giddings)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the Land Tax Act 2000, the Payroll
Tax Act 2008 and the Taxation Administration Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Taxation and
Related Legislation (Miscellaneous
Amendments) Act (No. 2) 2011.
[Bill 67] 5
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 5 commences on 1 July 2012.
(3) Part 7 is taken to have commenced on
25 October 2008.
6
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 3
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "medical
establishment":
"mineral tenement" has the meaning
it has in the Mineral Resources
Development Act 1995;
(b) by inserting the following definition after
the definition of "significant
relationship":
"special disability trust" has the
meaning it has in section 1209L
of the Social Security Act 1991 of
the Commonwealth;
*No. 15 of 2001
7
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 5 Part 2 - Duties Act 2001 Amended
5. Section 9 amended (What is dutiable property?)
Section 9(1)(b) of the Principal Act is amended
by omitting "within the meaning of the Mineral
Resources Development Act 1995".
6. Section 24 inserted
After section 23 of the Principal Act, the
following section is inserted in Part 2:
24. Certain transactions concerning leases of
commercial property
(1) The Commissioner, if satisfied that it
would not be just and reasonable in the
circumstances to charge duty on the
dutiable value of all the dutiable property
in a dutiable transaction, which
transaction -
(a) consists of a grant, surrender or
transfer of a lease of a
commercial property; and
(b) involves goods that are dutiable
property in accordance with
section 9(1)(j) -
may disregard the value of all or any of
the goods in determining the dutiable
value of the property.
(2) For the purposes of subsection (1), a
lease of a commercial property is a lease
8
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 7
in respect of real property that is to be
used for the purposes of a business,
whether or not there are premises on the
property that may be used in whole or in
part as a residence.
(3) The Commissioner may only exercise the
discretion referred to in subsection (1) if
satisfied that the dutiable transaction was
not structured for the purpose of reducing
or avoiding the payment of duty.
7. Section 54 inserted
After section 53 of the Principal Act, the
following section is inserted in Part 6:
54. Exemptions relating to special disability
trusts
Duty is not chargeable under this Chapter
on -
(a) a declaration of trust over
property that is to be held by the
trustee in the trustee's capacity as
trustee for a special disability
trust; or
(b) a transfer of dutiable property to
the trustee of a special disability
trust for the purpose of the trust -
if the Commissioner is satisfied that -
9
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 8 Part 2 - Duties Act 2001 Amended
(c) the property is land on which is
situated a dwelling that is to be
used by the beneficiary of the
trust as his or her main place of
residence; or
(d) the property is goods that are
situated on land referred to in
paragraph (c) or that are to be
used on such land by the
beneficiary of the trust.
8. Section 61 amended (Land holdings of private
corporations)
Section 61 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) For the purposes of this Part -
(a) an interest in a mineral
tenement is taken to be an
interest in land; and
(b) an interest in a pipeline,
within the meaning of the
Gas Pipelines Act 2000, is
taken to be an interest in
land.
(b) by inserting the following subsections
after subsection (4):
10
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 8
(5) If a private corporation has an
entitlement to, or interest in, land,
anything that is part of the land as
a fixture is to be taken into
account in determining the extent
of the private corporation's
interest in land for the purposes
of this Chapter even if the fixture
is, or purports to be, the subject
of an entitlement or interest
separate from the ownership of
the rest of the land.
(6) A fixture is not to be taken into
account for the purposes of
subsection (5) if the
Commissioner is satisfied that it
would not be just and reasonable
to take the fixture into account in
the circumstances.
(7) If -
(a) a private corporation has
an entitlement to, or
interest in, something that
is part of land as a fixture;
and
(b) that entitlement or interest
is, or purports to be,
separate from the
ownership of the rest of
the land -
11
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 9 Part 2 - Duties Act 2001 Amended
the private corporation is to be
regarded as having an interest in
land for the purposes of this
Chapter to the extent of its
entitlement to, or interest in, the
fixture.
(8) For the purposes of
subsections (5), (6) and (7),
anything that -
(a) under the authority
(whether direct or
indirect) of a mineral
tenement is fixed to land
that is the subject of that
mineral tenement; and
(b) would be part of that land
as a fixture if the mineral
tenement were a freehold
estate in the land -
is to be taken to be part of land as
a fixture.
9. Section 225 amended (Intergenerational rural
transfers)
Section 225 of the Principal Act is amended as
follows:
12
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 9
(a) by inserting the following subparagraph
after subparagraph (iii) in subsection
(1)(c):
(iiia) a company (other than as a
trustee) to another company
(other than as trustee) of which
all the shareholders are relatives
of all the shareholders of the first-
mentioned company; or
(b) by inserting in subsection (1)(c)(v)
"named" after "those";
(c) by omitting from subsection (1)(c)(v)
"named" second occurring;
(d) by omitting subsection (2) and
substituting the following subsection:
(2) Duty is not chargeable under
Chapter 3 on a relevant
acquisition, within the meaning
of section 67, of an interest in a
farming company to the extent of
the unencumbered value of the
company's farming property, if
the interest is transferred from a
person specified in a
subparagraph of subsection (1)(c)
to a person specified in the same
subparagraph.
(e) by inserting the following subsection
after subsection (3):
13
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 10 Part 2 - Duties Act 2001 Amended
(4) For the purposes of this section, a
reference to a relative of a person
is to be taken to include a
reference to the person himself or
herself.
10. Sections 259C and 259D inserted
After section 259B of the Principal Act, the
following sections are inserted in Part 3:
259C. Transitional provisions consequent on repeal
of Revenue Legislation (Miscellaneous
Amendments) Act 2002
(1) Any word or expression used in this
section has the same meaning as in this
Act, as in force immediately before the
commencement of the Revenue
Legislation (Miscellaneous Amendments)
Act 2002.
(2) A reference in this section to a provision
of this Act is to be taken to be a reference
to the provision as in force immediately
before the commencement of the
Revenue Legislation (Miscellaneous
Amendments) Act 2002.
(3) After 1 July 2002 -
(a) a lessor is not required to produce
to the Commissioner a lease
instrument for periodic
14
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 10
assessment at any estimate date
determined by the Commissioner
under section 108 of this Act; and
(b) any additional duty that would
have been payable if the periodic
assessment had been made is not
payable; and
(c) any refund of duty that would
have been payable if the periodic
assessment had been made is not
payable.
(4) If duty has been paid or a liability to duty
exists on a lease before 1 July 2002 and
an application for a reassessment of duty
paid on a lease instrument has been made
under section 112 of this Act on or after
23 May 2002, the Commissioner may
refuse to grant a refund of any duty that
would have been refundable if this
subsection, or section 32(3) of the
Revenue Legislation (Miscellaneous
Amendments) Act 2002, had not been
enacted, if satisfied that, at any time after
the termination of the lease, the lessee or
an associated person has occupied the
leased property, or substantially the same
property, with the agreement, express or
implied, of the lessor other than as a
result of the sale of the property to the
lessee or associated person.
15
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 10 Part 2 - Duties Act 2001 Amended
(5) A refund of duty is not payable on an
application for a reassessment of duty
paid on a lease instrument that is lodged
under section 113 of this Act on or after
23 May 2002.
259D. Savings and transitional provisions
consequent on repeal of Revenue Measures
Act 2005
(1) Notwithstanding the repeal of Chapter 6
of this Act by the Revenue Measures Act
2005, the Commissioner may recover
from a mortgagor any mortgage duty that
relates to a mortgage executed, or an
advance or further advance made, before
1 July 2007 and that was unpaid at that
day.
(2) For the purposes of subsection (1), the
Taxation Administration Act 1997 is to
be read as if Chapter 6 of this Act had
not been repealed.
(3) Notwithstanding the amendments to this
Act effected by Part 6 of the Revenue
Measures Act 2005, the Commissioner
may recover any duty that relates to a
transaction entered into before
1 July 2008 involving the dutiable
property referred to in section 9(1)(g), (h)
or (i) of this Act (as in force immediately
before that day) and that was unpaid at
that day.
16
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 10
(4) For the purposes of subsection (3), the
Taxation Administration Act 1997 is to
be read as if the amendments to this Act
effected by Part 6 of the Revenue
Measures Act 2005 had not been made.
17
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 11 Part 3 - First Home Owner Grant Act 2000 Amended
PART 3 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
11. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
12. Section 28 inserted
After section 27 of the Principal Act, the
following section is inserted in Division 6:
28. Limitation on review of decisions
A court or administrative review body,
including the Magistrates Court
(Administrative Appeals Division), does
not have jurisdiction or power to
consider any question concerning a
decision of the Commissioner except as
provided in this Division.
*No. 19 of 2000
18
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 4 - Land Tax Act 2000 Amended s. 13
PART 4 - LAND TAX ACT 2000 AMENDED
13. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of "shareholder" the
following definition:
"special disability trust" has the meaning it
has in section 1209L of the Social
Security Act 1991 of the Commonwealth;
15. Section 6 amended (Principal residence land)
Section 6(3)(a) of the Principal Act is amended
by inserting after subparagraph (ii) the following
subparagraph:
(iia) the trustee of a special disability trust; or
*No. 74 of 2000
19
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 16 Part 5 - Payroll Tax Act 2008 Amended
PART 5 - PAYROLL TAX ACT 2008 AMENDED
16. Principal Act
In this Part, the Payroll Tax Act 2008* is
referred to as the Principal Act.
17. Section 3 amended (Definitions)
Section 3(1) of the Principal Act is amended by
omitting "within the meaning of section
139GCD of the Income Tax Assessment Act
1936 of the Commonwealth" from the definition
of "share".
18. Section 18 amended (Inclusion of grant of shares
and options as wages)
Section 18 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) For the purposes of this Act, "wages"
include the grant of a share or option to
an employee by an employer in respect
of services performed by the employee if
the share or option is an ESS interest
(within the meaning of section 83A-10 of
the Income Tax Assessment Act 1997 of
the Commonwealth) and is granted to the
*No. 16 of 2008
20
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 5 - Payroll Tax Act 2008 Amended s. 19
employee under an employee share
scheme (within the meaning of that
section).
Note: A grant of a share or an option to an employee by an employer
that is not an ESS interest will be taxable as a fringe benefit under
Division 2 of this Part.
19. Section 19 amended (Choice of relevant day)
Section 19 of the Principal Act is amended by
omitting subsections (2), (3) and (4) and
substituting the following subsections:
(2) A share or option is "granted" to a
person if -
(a) another person transfers the share
or option to that person (other
than, in the case of a share, by
issuing the share to that person);
or
(b) in the case of a share - another
person allots the share to that
person; or
(c) in the case of an option - another
person confers the option on, or
otherwise creates the option in,
that person; or
(d) the person otherwise acquires a
legal interest in the share or
option from another person; or
21
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 19 Part 5 - Payroll Tax Act 2008 Amended
(e) the person acquires a beneficial
interest in the share or option
from another person.
(2A) To avoid doubt, if an employee acquires
a right to be granted a share or an option,
or some other material benefit, at the
election of the employer, the share or
option is not granted until the employer
elects to grant the share or option.
(3) The "vesting date" in respect of a share
is one of the following dates (whichever
happens first):
(a) the date on which the share vests
in the employee (that is, when
any conditons applying to the
grant of the share have been met
and the employee's legal or
beneficial interest in the share
cannot be rescinded);
(b) the date at the end of the period
of 7 years from the date on which
the share is granted to the
employee.
(4) The "vesting date" in respect of an
option is one of the following dates
(whichever happens first):
(a) the date on which the share to
which the option relates is
granted to the employee;
22
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 5 - Payroll Tax Act 2008 Amended s. 20
(b) the date on which the employee
exercises a right under the option
to have the share the subject of
the option transferred to, allotted
to or vested in him or her;
(c) the date at the end of the period
of 7 years from the date on which
the option is granted to the
employee.
20. Section 23 amended (Value of shares and options)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"market";
(b) by omitting subsections (2), (3), (4) and
(5) and substituting the following
subsections:
(2) The value of a share or an option
is -
(a) the market value; or
(b) the amount determined as
provided for by the
Commonwealth income
tax provisions.
(3) The employer may elect the
method by which the value of a
23
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 20 Part 5 - Payroll Tax Act 2008 Amended
share or an option is determined
in any return lodged under this
Act.
(4) However, the Commissioner may
determine the method by which
the value of a share or an option
is determined if the grant of the
share or option is not included as
wages in a return lodged by an
employer as required by this Act.
(5) In working out the market value
of a share or option, anything that
would prevent or restrict
conversion of the share or option
to money is to be disregarded.
(6) The Commonwealth income tax
provisions apply with the
following modifications, and any
other necessary modifications:
(a) the value of an option is
to be determined as if it
were a right to acquire a
beneficial interest in a
share;
(b) a reference to the
acquisition of a beneficial
interest in a share or right
is to be read as a reference
to the grant of a share or
an option.
24
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 5 - Payroll Tax Act 2008 Amended s. 21
(7) In this section -
"Commonwealth income tax
provisions" means
section 83A-315 of the
Income Tax Assessment
Act 1997 of the
Commonwealth and the
regulations made for the
purpose of that section.
Note: See Division 83A of the Income Tax Assessment Regulations
1997 of the Commonwealth for the relevant regulations
21. Section 24 amended (Inclusion of shares and
options granted to directors as wages)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) For the purposes of this Act,
"wages" include the grant of a
share or an option by a company
to a director of the company who
is not an employee of the
company by way of remuneration
for the appointment or services of
the director.
(b) by inserting the following subsection
after subsection (3):
25
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 22 Part 5 - Payroll Tax Act 2008 Amended
(4) However, if wages referred to in
this section are fringe benefits,
the value of the wages is to be
determined in accordance with
Division 2 of this Part (and not
this Division).
Note: Section 13 provides that a reference to an employee in this Act
includes a reference to any person to whom any amount that is
treated as wages under this Act is paid or payable. See also section
11, which deems the wages to be paid or payable for services
performed.
22. Schedule 3 amended (Savings, transitional and
other provisions)
Schedule 3 to the Principal Act is amended by
inserting after clause 11 in Part 3 the following
Part:
PART 4 - PROVISIONS CONSEQUENT ON ENACTMENT OF
TAXATION AND RELATED LEGISLATION (MISCELLANEOUS
AMENDMENTS) ACT (NO. 2) 2011
12. Assessment and payment of payroll tax in
relation to employee shares and options
Anything done or omitted to be done by
an employer in connection with the
assessment and payment of payroll tax,
in respect of a month occurring after June
2009 and before July 2012, that would
have been validly done or omitted to be
done had the amendments made to this
Act by the Taxation and Related
26
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 5 - Payroll Tax Act 2008 Amended s. 22
Legislation (Miscellaneous Amendments)
Act (No.2) 2011 been in force, is taken to
have been validly done or omitted.
Note: This provision validates a decision by an employer to treat the
grant of a share or an option to an employee that is not an ESS
interest as a fringe benefit under Division 2 of Part 3 of this Act and
to determine the value of those fringe benefits in accordance with
those provisions, rather than by reference to Division 4 of Part 3 of
this Act.
13. Determination of vesting date and value of
employee shares and options
(1) Division 4 of Part 3 of this Act continues
to apply in respect of a share or an option
granted before 1 July 2012 that
constitutes wages under old section 18,
whether or not the grant of the share or
option would constitute wages under new
section 18, if the relevant day in relation
to the grant of the share or option is not a
day occurring before 1 July 2012.
Note: For example, a share granted before 1 July 2012 that is not an
ESS interest continues to be treated as wages under Division 4 of
Part 3 of this Act if the vesting date for the share did not occur
before 1 July 2012 and the employer did not elect to treat the date of
the grant as the relevant day.
(2) The assessment amendments apply in
respect of any such share or option.
(3) Accordingly, the vesting date and the
value of the share or option are to be
27
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 22 Part 5 - Payroll Tax Act 2008 Amended
determined in accordance with the
assessment amendments.
(4) This clause does not apply in respect of a
share or option granted before
1 July 2012 if the liability for payroll tax
in respect of the grant is determined in
accordance with Division 2 of Part 3, as
permitted by clause 12.
(5) In this clause -
"assessment amendments" means the
amendments made to this Act by
the Taxation and Related
Legislation (Miscellaneous
Amendments) Act (No.2) 2011;
"new section 18" means section 18 as
amended by the Taxation and
Related Legislation
(Miscellaneous Amendments) Act
(No.2) 2011;
"old section 18" means section 18 as
in force immediately before the
day on which it is amended by
the Taxation and Related
Legislation (Miscellaneous
Amendments) Act (No.2) 2011;
"relevant day" - see section 18(3).
28
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 6 - Taxation Administration Act 1997 Amended s. 23
PART 6 - TAXATION ADMINISTRATION ACT 1997
AMENDED
23. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
24. Section 28 amended (Application for refund)
Section 28 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) ", and is
not entitled to," after "for";
(b) by inserting the following subsection
after subsection (2):
(2A) Subsection (2) does not apply in
relation to a refund of tax paid
under the Land Tax Act 2000.
25. Section 29 substituted
Section 29 of the Principal Act is repealed and
the following section is substituted:
*No. 74 of 1997
29
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 25 Part 6 - Taxation Administration Act 1997 Amended
29. Refund
(1) The Commissioner, if satisfied that a
person has overpaid an amount, is to -
(a) refund the overpaid amount; or
(b) apply the overpaid amount
against any liability of the person
under a taxation law, or another
Act of which the Commissioner
has the general administration,
and refund any part of the
overpayment that is not so
applied.
(2) The Commissioner may only take an
action under subsection (1) in relation to
an amount that a person has overpaid,
if -
(a) the person has lodged an
application under section 28 in
relation to the overpayment; or
(b) the overpayment has been
identified during an investigation
conducted in accordance with
Part 9 or Part 9A.
(3) A person is not, after 3 years from the
date on which the person has overpaid an
amount, entitled to a refund of the
amount or to have such an amount
applied against any liability referred to in
subsection (1)(b), unless an application is
30
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 6 - Taxation Administration Act 1997 Amended s. 26
lodged under section 28 in relation to the
amount before 3 years from the date on
which the person has overpaid the
amount.
26. Section 80 amended (Objection)
Section 80(1)(a) of the Principal Act is amended
by inserting "or an assessment that gives effect
to the determination of an objection made under
section 84" after "compromise assessment".
27. Section 120A inserted
After section 120 of the Principal Act, the
following section is inserted in Division 4:
120A. Savings and transitional provisions
consequent on repeal of Revenue Measures
Act 2005
(1) Notwithstanding the repeal of the Debits
Duties Act 2001 by the Revenue
Measures Act 2005, the Commissioner
may recover from an account holder,
financial institution, credit card holder or
credit card provider, each within the
meaning of the Debits Duties Act 2001 as
in force immediately before the repeal,
any duty that relates to a transaction
made before 1 July 2005 and that was
unpaid at that day.
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Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 27 Part 6 - Taxation Administration Act 1997 Amended
(2) For the purposes of subsection (1), this
Act is to be read as if the Debits Duties
Act 2001 had not been repealed.
32
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 7 - Taxation Administration Act 1997 Further Amended s. 28
PART 7 - TAXATION ADMINISTRATION ACT 1997
FURTHER AMENDED
28. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
29. Section 19A inserted
After section 19 of the Principal Act, the
following section is inserted in Part 3:
19A. Effect on assessment of change in
interpretation
If an assessment is based on a particular
interpretation of the applicable law or a
particular practice of the Commissioner
that was generally applied to assessments
of that kind when the assessment was
made, the Commissioner cannot make a
reassessment based on an interpretation
or practice that applied after the
assessment was made, other than to give
effect to a change in interpretation or
practice brought about by a legislative
change.
*No. 74 of 1997
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Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 30 Part 7 - Taxation Administration Act 1997 Further Amended
30. Section 29AA inserted
After section 29 of the Principal Act, the
following section is inserted in Part 4:
29AA. Effect on refund of change in interpretation
If a person has paid, or purportedly paid,
an amount of tax, the Commissioner
cannot refund all or part of the amount
based on a particular interpretation of the
applicable law or a particular practice of
the Commissioner that applied after the
time at which it was paid, other than to
give effect to a change in interpretation
or practice brought about by a legislative
change.
34
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
Part 8 - Legislation repealed s. 31
PART 8 - LEGISLATION REPEALED
31. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
35
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
s. 32 Part 9 - Repeal of Act
PART 9 - REPEAL OF ACT
32. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
36
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2011
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 31
Revenue Legislation (Miscellaneous Amendments) Act 2002
(No. 24 of 2002)
Revenue Measures Act 2005 (No. 22 of 2005)
Government Printer, Tasmania 37