Western Australian Current Acts

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TAXATION ADMINISTRATION ACT 2003 - SECT 16A

16A .         Interim assessments

        (1)         The Commissioner may make an assessment (an interim assessment ) of a portion of the tax payable by a person when a taxation Act specifically authorises the Commissioner to do so.

        (2)         The Commissioner can make only one interim assessment of the tax payable.

        (3)         The interim assessment must be followed by a complete assessment, which the Commissioner must make when the Commissioner —

            (a)         has sufficient information to make such an assessment; or

            (b)         makes a compromise agreement.

        (4)         An interim assessment does not bind the Commissioner in relation to an assessment made following the interim assessment.

        (5)         The complete assessment following the interim assessment supersedes the interim assessment but does not affect any liability for —

            (a)         penalty tax arising out of the interim assessment; or

            (b)         interest payable under a tax payment arrangement.

        (6)         The complete assessment following the interim assessment is not a reassessment of the interim assessment.

        (7)         The Commissioner is not prevented from making or enforcing an interim assessment by —

            (a)         the Commissioner having already made an assessment that is not a complete assessment, that is, an assessment that a person is liable to pay tax or that an instrument, event or transaction is liable to tax; or

            (b)         a person making an objection or taking review proceedings in relation to an assessment referred to in paragraph (a).

        (8)         No action can be brought in any court or tribunal to compel the Commissioner to make an interim assessment.

        [Section 16A inserted: No. 10 of 2013 s. 12.]



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