Victorian Current Acts

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TAXATION ADMINISTRATION ACT 1997 - SECT 12A

Deemed assessment

    (1)     The Commissioner is taken to have made an assessment of a tax liability of a taxpayer in respect of a dutiable transaction under the Duties Act 2000 if a person uses the on-line duty payment system to make an irrevocable commitment to

        (a)     pay the duty payable in respect of the dutiable transaction; or

        (b)     not pay any duty in respect of the dutiable transaction, if no duty is payable.

    (2)     A deemed assessment under subsection (1) is taken to have been made on the later of—

        (a)     the making of the irrevocable commitment to pay duty or to not pay duty (as the case requires); or

        (b)     the completion of the dutiable transaction.

    (3)     A deemed assessment of a tax liability may consist of or include a determination that there is not a particular tax liability.

    (4)     To avoid doubt, if a person has not made an irrevocable commitment to pay duty or to not pay duty in respect of a dutiable transaction under the Duties Act 2000 , any amount (including a nil amount) that the on-line duty payment system indicates is payable or not payable in respect of the transaction is—

        (a)     an estimate only; and

        (b)     not taken to be an assessment of the tax liability of a taxpayer.

S. 13 amended by No. 26/2007 s. 105(b).



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