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STATE TAXATION ACTS (GENERAL AMENDMENT) ACT 2005 (NO 36 OF 2005) - SECT 36

Penalty tax

    (1)     In section 31(1) and (2) of the Taxation Administration Act 1997 , for "informs the taxpayer that an investigation relating to the taxpayer is to be carried out" substitute "commences an investigation into a known or suspected tax default by the taxpayer".

    (2)     After section 31(2) of the Taxation Administration Act 1997 insert

    "(3)     Sub-section (1) or (2) (as the case requires) does not apply in respect of information disclosed by a taxpayer if—

        (a)     the information is disclosed after the Commissioner has issued an assessment in respect of the known or suspected tax default; and

        (b)     the tax default involved the failure to lodge a return; and

        (c)     the taxpayer was required to include the information in the return.".

    (3)     In section 32(1) of the Taxation Administration Act 1997 , for "has informed the taxpayer that an investigation is to be carried out" substitute "commences an investigation into a known or suspected tax default by the taxpayer".



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