Insert:

Table of Subdivisions

Guide to Division 155

155-A Making assessments

155-B Amending assessments

155-C Validity and review of assessments

155-D Miscellaneous

Guide to Division 155

This Division contains rules relating to assessments.

The rules in this Division deal with the following:

Table of sections

155-5 Commissioner may make assessment

155-10 Commissioner must give notice of assessment

155-15 Self-assessment

155-20 Assessment of indirect tax on importations and customs dealing

155-25 Special assessment

155-30 Delays in making assessments

Note 1: For amendment of assessments, see Subdivision 155-B.

Note 2: An assessment can be reviewed: see Subdivision 155-C.

Note: This section also applies to an amended assessment: see section 155-80.

For the purposes of making, under the Commissioner may treat part of the period as being the whole period.section 155-5, an assessment of an *assessable amount that relates to a period (e.g. a tax period),

Table of sections

When Commissioner may amend assessments

155-35 Amendment during period of review

155-40 Amendment during period of review—certain applications taken to be notices

155-45 Amendment on application

155-50 Amendment to give effect to private ruling

155-55 Amendment to give effect to certain anti-avoidance declarations

155-60 Amendment because of review, objection or fraud

Special rules about amending amended assessments

155-65 Amending amended assessments

155-70 Refreshed period of review

General rules

155-75 Refunds of amounts overpaid

155-80 Amended assessments are assessments

When Commissioner may amend assessments

Amendment

Note 1: An amendment of an assessment can be reviewed: see Subdivision 155-C.

Note 2: This section also applies to amended assessments: see section 155-80. However, there are limits on how amended assessments can be amended: see sections 155-65 and 155-70.

Meaning of period of review

Extensions

The Commissioner may amend an assessment of an *assessable amount of yours at any time, if you apply for an amendment in the *approved form during the *period of review for the assessment. The Commissioner may amend the assessment to give effect to his or her decision on the application.

Note: The Commissioner must give you notice of the amended assessment under section 155-10: see section 155-80.

The Commissioner may amend an assessment of an *assessable amount of yours at any time, if:

The Commissioner may amend the assessment to give effect to the ruling.

The Commissioner may amend an assessment of an *assessable amount at any time, if:

The Commissioner may amend the assessment to give effect to the declaration.

Despite anything in this Subdivision, the Commissioner may amend an assessment of an *assessable amount of yours at any time:

Special rules about amending amended assessments

The Commissioner cannot amend an amended assessment of an *assessable amount under section 155-35 if the *period of review for the assessment has ended.

Note: The Commissioner can amend amended assessments at any time under sections 155-45 to 155-60.

General rules

Note 1: The general interest charge is worked out under Part IIA of this Act.

Note 2: Subsection 8AAB(4) of this Act lists the provisions that apply the charge.

this section is taken not to have applied to the extent that the earlier liability is reinstated.

An amended assessment of an *assessable amount is an assessment for all purposes of any *taxation law.

Note: The Commissioner must give notice of the amended assessment under section 155-10. Under section 155-40, an application for an amendment is treated as being a notice of the amendment in certain circumstances.

Table of sections

155-85 Validity of assessment

155-90 Review of assessments

The validity of any assessment of an *assessable amount is not affected by non-compliance with the provisions of this Act or of any other *taxation law.

You may object, in the manner set out in Part IVC of this Act, against an assessment of an *assessable amount of yours if you are dissatisfied with the assessment.

Table of sections

155-95 Entities

This Division applies, in relation to an *assessable amount under a *taxation law, to an entity under that taxation law in the same way as the Division applies to an entity under the Income Tax Assessment Act 1997.

Add:

Table of Subdivisions

Guide to Division 350

350-A Evidence

Guide to Division 350

The rules in this Division deal with the evidentiary effect of official tax documents for the purposes of certain taxation laws.

Table of sections

350-5 Application of Subdivision

350-10 Evidence

350-15 Judicial notice of signature

This Subdivision applies in relation to *taxation laws that are *indirect tax laws.

Conclusive evidence

Note: Fuel Tax Act 2006 are anti-avoidance provisions.Division 165 of the GST Act and Division 75 of the

Prima facie evidence

is prima facie evidence that:

Signed copies are evidence

is evidence of the matters set out in the document to the same extent as the original document would have been evidence of those matters.

All courts, and all persons having by law or consent of parties authority to hear, receive and examine evidence, must take judicial notice of the signature of every person who is or has been:

if the signature is attached or appended to an official document for the purposes of a *taxation law.

A New Tax System (Goods and Services Tax) Act 1999

Insert:

assessed GST, on:

means the GST *assessed on the taxable supply or taxable importation.

Insert:

assessed net amount, for a *tax period, means the *net amount *assessed for the tax period.

Insert:

assessment has the meaning given by the *ITAA 1997.

A New Tax System (Luxury Car Tax) Act 1999

Insert:

assessed luxury car tax, on a *taxable importation of a luxury car, means the luxury car tax *assessed on the taxable importation.

Insert:

assessment has the meaning given by the *ITAA 1997.

A New Tax System (Wine Equalisation Tax) Act 1999

Insert:

assessed wine tax, on a *customs dealing, means the wine tax *assessed on the customs dealing.

Insert:

assessment has the meaning given by the *ITAA 1997.

Customs Act 1901

Insert:

assessed GST has the meaning given by the GST Act.

Insert:

assessed luxury car tax has the meaning given by the Luxury Car Tax Act.

Insert:

assessed wine tax has the meaning given by the Wine Tax Act.

Insert:

taxable dealing has the meaning given by the Wine Tax Act.

Insert:

taxable importation has the meaning given by the GST Act.

Insert:

taxable importation of a luxury car has the meaning given by the Luxury Car Tax Act.

Fuel Tax Act 2006

Insert:

assessed net fuel amount, for a *tax period, or for a *fuel tax return period, means the *net fuel amount *assessed for the tax period or fuel tax return period.

Insert:

assessment has the meaning given by the Income Tax Assessment Act 1997.

Income Tax Assessment Act 1997

Insert:

assessable amount has the meaning given by subsection 155-5(2) in Schedule 1 to the Taxation Administration Act 1953.

Insert:

assessed GST has the meaning given by the *GST Act.

Insert:

assessed net amount has the meaning given by the *GST Act.

Insert:

assessed net fuel amount has the meaning given by the Fuel Tax Act 2006.

Repeal the definition (not including the note), substitute:

assessment:

Insert:

customs dealing has the meaning given by the *Wine Tax Act.

Insert:

fuel tax return means a return under the Fuel Tax Act 2006.

Insert:

import declaration has the meaning given by the Customs Act 1901.

Insert:

import declaration advice has the meaning given by the Customs Act 1901.

Insert:

period of review, for an assessment of an *assessable amount, has the meaning given by section 155-35 in Schedule 1 to the Taxation Administration Act 1953.

Insert:

self-assessed clearance declaration advice has the meaning given by the Customs Act 1901.

Taxation Administration Act 1953

Insert:

objection decision has the meaning given by subsection 14ZY(2).

Administrative Decisions (Judicial Review) Act 1977

Before “in Schedule 1 to that Act”, insert “or 4-1”.

A New Tax System (Goods and Services Tax) Act 1999

Omit “Parts 3-10, 4-15 and 5-5 in Schedule 1 to the Taxation Administration Act 1953 contain”, substitute “Schedule 1 to the Taxation Administration Act 1953 contains”.

Omit “*net amount”, substitute “amount *assessed as being the *net amount”.

Insert:

Note 1: For assessment of net amounts, see Taxation Administration Act 1953.Division 155 in Schedule 1 to the

Omit “Note”, substitute “Note 2”.

Repeal the section, substitute:

A net amount is worked out for each tax period that applies to you.

Adjustments can be made to the net amount. Increasing adjustments increase your net amount, and decreasing adjustments decrease your net amount.

Note: GST on taxable importations is not included in the net amount. It is dealt with separately under section 33-15.

Insert:

Despite section 23-5, you are treated as not having been *required to be registered under this Act on a day if your *registration could not take effect from that day because of subsection 25-10(1A).

Note: Subsection 25-10(1A) provides that the date of effect of your registration must not be a day that occurred more than 4 years before the day of the Commissioner’s decision to register you, unless the Commissioner is of the opinion there has been fraud or evasion.

Insert:

Omit “(the amounts payable by you or to you)”.

Omit “GST”, substitute “assessed GST”.

Omit “states a *net amount that”.

After “Section 93-5”, insert “or 93-15”.

Omit “GST”, substitute “*assessed GST”.

Omit “GST” (first occurring), substitute “*assessed GST”.

Repeal the note.

Repeal the subsection, substitute:

Insert:

A *GST return purporting to be made or signed by or on behalf of an entity is treated as having been duly made by the entity or with the entity’s authority until the contrary is proved.

Omit “net amounts”, substitute “assessed net amounts”.

Insert:

Note 1A: For provisions about assessment (including self-assessment), see Taxation Administration Act 1953.Division 155 in Schedule 1 to the

Repeal the heading, substitute:

Omit “*net amount”, substitute “*assessed net amount”.

Omit “must pay the net amount”, substitute “must pay the assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Repeal the heading, substitute:

Omit “*net amount for”, substitute “*assessed net amount for”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “*net amount”, substitute “*assessed net amount”.

Repeal the heading, substitute:

Omit “any *net amounts”, substitute “any *assessed net amounts”.

Omit “a net amount”, substitute “an assessed net amount”.

Omit “*net amounts”, substitute “*assessed net amounts”.

Repeal the heading, substitute:

Omit “GST”, substitute “*assessed GST”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “GST”, substitute “*assessed GST”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “*net amount”, substitute “*assessed net amount”.

Repeal the subsection, substitute:

exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net amount always been the later assessed net amount;

the amount of the excess is to be treated as if:

Note: Treating the excess as if it were an assessed net amount has the effect of applying the collection and recovery rules in Taxation Administration Act 1953, such as a liability to pay the general interest charge under section 105-80 in that Schedule.Part 3-10 in Schedule 1 to the

Repeal the section, substitute:

Your entitlement to be paid an amount under the Commissioner gives you notice of the *assessment of your *net amount for the tax period.section 35-5 arises when

Note: In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your GST return (see Taxation Administration Act 1953).section 155-15 in Schedule 1 to the

Omit “net amounts”, substitute “assessed net amounts”.

Omit “the *net amount”, substitute “the *assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Omit “the *net amount”, substitute “the *assessed net amount”.

Omit “that net amount”, substitute “that assessed net amount”.

Omit “the *net amount”, substitute “the *assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Omit “the *net amount”, substitute “the *assessed net amount”.

Omit “that net amount”, substitute “that assessed net amount”.

Omit “GST”, substitute “*assessed GST”.

Omit “GST”, substitute “*assessed GST”.

Repeal the subsection, substitute:

Repeal the sections, substitute:

Your entitlements to input tax credits for creditable acquisitions cease unless they are included in your assessed net amounts within a limited period (generally 4 years).

However, this time limit does not apply in certain limited cases.

Note: Section 93-10 sets out circumstances in which your entitlement to the input tax credit does not cease under this section.

Note: You must hold a valid tax invoice relating to a creditable acquisition to be entitled to have an input tax credit for that acquisition taken into account in working out your assessed net amount for a tax period: see subsection 29-10(3).

Add:

Amendment of assessments in relation to supplies

Request to treat document as tax invoice

you do not cease under the Commissioner agreed to the request before the end of the 4-year period, you would not cease under that section to be entitled to the credit.section 93-5 to be entitled to the input tax credit to the extent that, had

Omit “Section 93-10 does not apply”, substitute “You are not entitled to an input tax credit for a *creditable acquisition”.

Omit “*creditable acquisition for which you would be entitled to an input tax credit but for this section”, substitute “creditable acquisition”.

Repeal the subsection, substitute:

Repeal the section, substitute:

any *assessed GST payable on the importation is to be paid when the security is forfeited.

Repeal the section, substitute:

any *assessed GST payable on the importation is to be paid when the information was provided/on or before the granting of the authorisation.

Repeal the heading, substitute:

Omit “GST”, substitute “*assessed GST”.

Omit “GST payable”, substitute “assessed GST payable”.

After “Section 93-5”, insert “or 93-15”.

Omit “GST”, substitute “*assessed GST”.

Omit “GST”, substitute “*assessed GST”.

Repeal the heading, substitute:

Omit “*net amount for”, substitute “*assessed net amount for”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “*net amount for”, substitute “*assessed net amount for”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “*net amounts”, substitute “*assessed net amounts”.

Omit “*net amount for”, substitute “*assessed net amount for”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “*net amount for”, substitute “*assessed net amount for”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “net amounts”, substitute “assessed net amounts”.

Repeal the heading, substitute:

Omit “*net amount”, substitute “*assessed net amount”.

Omit “net amount to”, substitute “assessed net amount to”.

Omit “net amounts”, substitute “assessed net amounts”.

Omit “your *net amounts”, substitute “your *assessed net amounts”.

Omit “*net amount”, substitute “*assessed net amount”.

Omit “*net amount”, substitute “*assessed net amount”.

Repeal the heading, substitute:

Before “For the purpose”, insert “(1)”.

Repeal the note.

Add:

Omit “section 165-40”, substitute “subsection 165-40(1)”.

Repeal the note.

Repeal the note.

Repeal the section, substitute:

For the purpose of making an *assessment, a statement in a declaration under this Subdivision has effect according to its terms, despite the provisions of this Act outside of this Division.

Omit “GST”, substitute “assessed GST”.

Omit “GST”, substitute “*assessed GST”.

Omit “GST and luxury car tax”, substitute “assessed GST and assessed luxury car tax”.

Omit “GST”, substitute “*assessed GST”.

Omit “GST and luxury car tax”, substitute “assessed GST and assessed luxury car tax”.

Omit “GST”, substitute “assessed GST”.

After “93-5”, insert “, 93-15”.

A New Tax System (Luxury Car Tax) Act 1999

Omit “luxury car tax on importations”, substitute “assessed luxury car tax on importations”.

After “Parts 3-10”, insert “, 4-1”.

Repeal the heading, substitute:

Repeal the heading, substitute:

Omit “Luxury car tax”, substitute “*Assessed luxury car tax”.

Omit “net amounts”, substitute “assessed net amounts”.

Insert:

Note 1A: For provisions about assessment of luxury car tax on taxable importations of luxury cars, see Taxation Administration Act 1953.Division 155 in Schedule 1 to the

Omit “luxury car tax”, substitute “assessed luxury car tax”.

Omit “luxury car tax”, substitute “*assessed luxury car tax”.

Omit “luxury car tax”, substitute “*assessed luxury car tax”.

Omit “GST and luxury car tax”, substitute “assessed GST and assessed luxury car tax”.

Omit “luxury car tax”, substitute “*assessed luxury car tax”.

Omit “GST and luxury car tax”, substitute “assessed GST and assessed luxury car tax”.

A New Tax System (Wine Equalisation Tax) Act 1999

Omit “wine tax” (last occurring), substitute “assessed wine tax”.

After “Parts 3-10”, insert “, 4-1”.

Omit “Part 3-10”, substitute “Parts 3-10 and 4-1”.

Omit “GST”, substitute “assessed GST”.

Omit “wine tax”, substitute “*assessed wine tax”.

Omit “net amounts”, substitute “assessed net amounts”.

Insert:

Note 1A: For provisions about assessment of wine tax on customs dealings, see Taxation Administration Act 1953.Division 155 in Schedule 1 to the

Omit “wine tax”, substitute “assessed wine tax”.

Omit “wine tax”, substitute “*assessed wine tax”.

Customs Act 1901

Omit “GST payable on the taxable importation (as defined in the GST Act)”, substitute “assessed GST payable on the taxable importation”.

Omit “(as defined in the Luxury Car Tax Act) is associated with the import of the goods—the luxury car tax”, substitute “is associated with the import of the goods—the assessed luxury car tax”.

Omit “(as defined in the Wine Tax Act) is associated with the import of the goods—the wine tax”, substitute “is associated with the import of the goods—the assessed wine tax”.

Omit “unpaid GST, luxury car tax or wine tax”, substitute “unpaid assessed GST, assessed luxury car tax or assessed wine tax”.

Omit “GST, luxury car tax, wine tax”, substitute “assessed GST, assessed luxury car tax, assessed wine tax”.

Omit “GST payable on the taxable importation (as defined in the GST Act)”, substitute “assessed GST payable on the taxable importation”.

Omit “(as defined in the Luxury Car Tax Act) is associated with the import of the goods—the luxury car tax”, substitute “is associated with the import of the goods—the assessed luxury car tax”.

Omit “(as defined in the Wine Tax Act) is associated with the import of the goods—the wine tax”, substitute “is associated with the import of the goods—the assessed wine tax”.

Omit “unpaid GST, luxury car tax or wine tax”, substitute “unpaid assessed GST, assessed luxury car tax or assessed wine tax”.

Omit “of GST”, substitute “of assessed GST”.

Omit “GST payable on the taxable importation (as defined in the GST Act)”, substitute “assessed GST payable on the taxable importation”.

Omit “(as defined in the Luxury Car Tax Act) is associated with the import of those goods—the luxury car tax”, substitute “is associated with the import of those goods—the assessed luxury car tax”.

Omit “GST that may become payable on the taxable importation (as defined in the GST Act)”, substitute “assessed GST that may become payable on the taxable importation”.

Omit “(as defined in the Luxury Car Tax Act) is associated with the import of the goods—the luxury car tax”, substitute “is associated with the import of the goods—the assessed luxury car tax”.

Fuel Tax Act 2006

Omit “net fuel amount determines”, substitute “assessed net fuel amount determines”.

Repeal the section, substitute:

Your entitlements to fuel tax credits cease unless they are included in your assessed net fuel amounts within a limited period (generally 4 years).

However, this time limit does not apply in certain limited cases.

Repeal the section, substitute:

Note: Section 47-10 sets out circumstances in which your entitlement to the fuel tax credit does not cease under this section.

Add:

Request to treat document as tax invoice

you do not cease under subsection 47-5(1) to be entitled to a fuel tax credit for the fuel to the extent that, had the Commissioner agreed to the request before the end of the 4-year period, you would not cease under that subsection to be entitled to the credit.

Omit “You work out your net fuel amount”, substitute “Your net fuel amount is worked out”.

Omit:

If your return includes a positive net fuel amount, you must pay the Commissioner that amount. If your return includes a negative net fuel amount, the Commissioner must pay you that amount.

substitute:

If the Commissioner assesses you as having a positive net fuel amount, you must pay the Commissioner that amount. If the Commissioner assesses you as having a negative net fuel amount, the Commissioner must pay you that amount.

Add:

Note: For the assessment of the net fuel amount (including self-assessment), see Taxation Administration Act 1953.Division 155 in Schedule 1 to the

Repeal the sections, substitute:

Note 1: See Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division 3 of Part IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.Division 3A of Part IIB of the

Note 2: Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in paying the amount.

exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;

you must pay the excess to the Commissioner as if:

Note: Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Taxation Administration Act 1953, such as a liability to pay the general interest charge under section 105-80 in that Schedule.Part 3-10 in Schedule 1 to the

Your entitlement to be paid an *amount under the Commissioner gives you notice of the *assessment of your *net fuel amount for the *tax period or *fuel tax return period.section 61-5 arises when

Note: In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your return (see Taxation Administration Act 1953).section 155-15 in Schedule 1 to the

You must pay your *assessed net fuel amount for a *tax period to the Commissioner by the day on which you are required under section 46-5 or 61-15 to give to the Commissioner your return for the tax period, if your assessed net fuel amount is greater than zero.

Insert:

Insert:

A return purporting to be made or signed by or on behalf of an entity is treated as having been duly made by the entity or with the entity’s authority until the contrary is proved.

Omit “states a *net fuel amount that”.

After “*net fuel amount”, insert “, *assessed net fuel amount”.

After “*net amount”, insert “, assessed net amount”.

Omit “net fuel amounts”, substitute “assessed net fuel amounts”.

Repeal the heading, substitute:

Repeal the note.

Insert:

Omit “section 75-40”, substitute “subsection 75-40(1)”.

Repeal the note.

Repeal the section, substitute:

For the purpose of making an *assessment, a statement in a declaration under this Subdivision has effect according to its terms, despite the provisions of this Act outside of this Division.

Income Tax Assessment Act 1997

Omit “the payment of *GST”, substitute “the payment of *assessed GST”.

Omit “that payment of GST”, substitute “that payment of assessed GST”.

Product Grants and Benefits Administration Act 2000

Omit “that includes a net fuel amount”.

Repeal the definition.

Taxation Administration Act 1953

After “makes”, insert “or amends”.

Omit “a net amount”, substitute “an assessed net amount”.

Repeal the definition.

Insert:

Insert:

(1AAC) The person cannot lodge a taxation objection against a private indirect tax ruling (to which subsection (1AAB) does not apply) after the end of whichever of the following ends last:

Omit “or (bb)”, substitute “, (bb), (bf) or (bg)”.

Repeal the subsection, substitute:

After “subsection”, insert “155-30(2) or”.

Omit “subsection 359-50(3) in Schedule 1 against the Commissioner’s failure to make a private ruling”, substitute “subsection 155-30(2) or 359-50(3) in Schedule 1”.

Add:

Note 1: Subsection 155-30(2) provides for objections against the Commissioner’s failure to make an assessment of an assessable amount.

Note 2: Subsection 359-50(3) provides for objections against the Commissioner’s failure to make a private ruling.

Omit:

Note: Administration rules relevant to particular indirect tax laws are in Divisions 110, 111 and 112.

substitute:

Note 1: Administration rules relevant to particular indirect tax laws are in Divisions 110, 111 and 112.

Note 2: For assessment of assessable amounts under indirect tax laws, see Division 155.

Omit:

Omit “*net amount”, substitute “*assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Omit “net amount”, substitute “assessed net amount”.

Repeal the paragraphs, substitute:

Repeal the Subdivision.

Repeal the note.

Repeal the cell, substitute:

Repeal the note.

Repeal the note.

Repeal the cell, substitute:

Repeal the heading, substitute:

Repeal the item, substitute:

Omit “GST”, substitute “assessed GST”.

Repeal the items, substitute:

Omit “luxury car tax”, substitute “assessed luxury car tax”.

Omit “wine tax”, substitute “assessed wine tax”.

Omit “net fuel amount”, substitute “assessed net fuel amount”.

Omit “61-5(3),”, substitute “61-5(2)”.

Omit “a *net amount”, substitute “an *assessed net amount”.

Repeal the paragraphs, substitute:

Repeal the paragraph, substitute:

A New Tax System (Goods and Services Tax) Act 1999

Add:

Note 3: Sections 105-50 and 105-55 in Schedule 1 to the Taxation Administration Act 1953 only apply in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Add:

Note 3: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Add:

Note 3: Section 105-55 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods starting before 1 July 2012.

Note 4: This subsection will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Fuel Tax Act 2006

Repeal the note, substitute:

Note 1: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts, and section 105-55 in Schedule 1 to that Act deals with the time limit within which you can claim amounts relating to indirect tax.

Note 2: Sections 105-50 and 105-55 in Schedule 1 to the Taxation Administration Act 1953 only apply in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Indirect Tax Laws Amendment (Assessment) Act 2012).Part 2 of Schedule 1 to the

Repeal the note, substitute:

Note 1: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 deals with the time limit within which the Commissioner can recover indirect tax amounts.

Note 2: Section 105-50 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Indirect Tax Laws Amendment (Assessment) Act 2012).Part 2 of Schedule 1 to the

After “Note”, insert “1”.

Add:

Note 2: Section 105-55 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 3: This subsection will be repealed on 1 January 2017 (see Indirect Tax Laws Amendment (Assessment) Act 2012).Part 2 of Schedule 1 to the

Taxation Administration Act 1953

Add:

Note 1: Section 105-40 in Schedule 1 to the Taxation Administration Act 1953 only applies in relation to tax periods and fuel tax return periods starting before 1 July 2012.

Note 2: This subsection will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Insert:

(1AABA) Subsection (1AAB) applies in relation to:

Note: Subsection (1AAB) and this subsection will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Insert:

This Subdivision applies to:

Note: This Subdivision will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Add:

Note: This Subdivision will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Add:

Sunsetting provision

Note: This section will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Add:

Sunsetting provision

Note: This section will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Repeal the cell, substitute:

Repeal the item, substitute:

Despite item 239, item 2 of the table in subsection 350-10(1) in Schedule 1 to the Taxation Administration Act 1953 applies, in relation to declarations under the A New Tax System (Goods and Services Tax) Act 1999 or the Fuel Tax Act 2006, as mentioned in subsection 350-10(2) in that Schedule.

has effect, from that commencement, as if it had been made for the purposes of paragraph 78-90(1A)(b) of that Act as in force after that commencement.

has effect, from that commencement, as if it had been made for the purposes of paragraph 105-20(1A)(b) of that Act as in force after that commencement.

A New Tax System (Goods and Services Tax) Act 1999

Repeal the subsection, substitute:

Omit “if the earlier tax period started on or after 1 July 2012—”.

Omit:

However, this time limit does not apply in certain limited cases.

Repeal the subsections.

A New Tax System (Goods and Services Tax Transition) Act 1999

Repeal the section.

Fuel Tax Act 2006

Omit:

However, this time limit does not apply in certain limited cases.

Repeal the subsections.

Repeal the heading.

Omit “(4)”.

Repeal the subsection, substitute:

Omit “if the earlier tax period started on or after 1 July 2012—”.

Omit “if the earlier fuel tax return period started on or after 1 July 2012—”.

Income Tax Assessment Act 1997

Repeal the definition.

Taxation Administration Act 1953

Repeal the subsections.

Omit “(to which subsection (1AAB) does not apply)”.

Omit:

Repeal the Subdivisions.

Repeal the sections.

Repeal the item.

Repeal the item.

Repeal the item, substitute:

Repeal the subsection.

Before “Schedule 1”, insert “Part 1 of”.

Omit “However, the provision(s) do not commence at all if that Act does not receive the Royal Assent before 1 July 2012.”.

Before “Schedule 1”, insert “Part 1 of”.

Omit “However, the provision(s) do not commence at all if that Act does not receive the Royal Assent before 1 July 2012.”.

Repeal the Part.

Repeal the note.

Repeal the subsection, substitute:

Note: Paragraph (2)(b) will be repealed on 1 January 2017: see Indirect Tax Laws Amendment (Assessment) Act 2012.Part 2 of Schedule 1 to the

Insert:

period of review, for an *assessment, has the meaning given by section 155-35 in Schedule 1 to the Taxation Administration Act 1953.

Fuel Tax Act 2006

Add:

Note: Paragraph (2)(b) will be repealed on 1 January 2017 (see Indirect Tax Laws Amendment (Assessment) Act 2012).Part 2 of Schedule 1 to the

Insert:

period of review, for an *assessment, has the meaning given by section 155-35 in Schedule 1 to the Taxation Administration Act 1953.

Repeal the subsection, substitute:

Note 1: Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax increase the net amount, and amounts of wine tax credits reduce the net amount.

Note 2: Under Subdivision 13-A of the A New Tax System (Luxury Car Tax) Act 1999, amounts of luxury car tax increase the net amount, and luxury car tax adjustments alter the net amount.

Omit “net amount”, substitute “net amount”.

Omit “method” (last occurring), substitute “simplified accounting method”.

Insert:

Note 1: Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax increase the net amount, and amounts of wine tax credits reduce the net amount.

Note 2: Under Subdivision 13-A of the A New Tax System (Luxury Car Tax) Act 1999, amounts of luxury car tax increase the net amount, and luxury car tax adjustments alter the net amount.

Repeal the subsection (including the note), substitute:

Note 1: See Part 2-4 for the basic rules on adjustments.

Note 2: Under Subdivision 21-A of the Wine Tax Act, amounts of wine tax increase the net amount, and amounts of wine tax credits reduce the net amount.

Note 3: Under Subdivision 13-A of the A New Tax System (Luxury Car Tax) Act 1999, amounts of luxury car tax increase the net amount, and luxury car tax adjustments alter the net amount.

After “17-5”, insert “, 123-15”.

Repeal the definition, substitute:

net amount, for a tax period, has the meaning given by section 17-5. However:

Note: Subdivision 21-A of the Wine Tax Act and Subdivision 13-A of the A New Tax System (Luxury Car Tax) Act 1999 can affect the net amount.

A New Tax System (Luxury Car Tax) Act 1999

Repeal the heading, substitute:

Omit “adding”.

A New Tax System (Wine Equalisation Tax) Act 1999

Repeal the heading, substitute:

Omit “adding”.

Repeal the heading, substitute:

Omit “subtracting”.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “*Wine Tax Act”.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “Wine Tax Act”.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “Wine Tax Act”.

Repeal the heading, substitute:

Omit “this Act”, substitute “the *GST law”.

Repeal the subsection.

Note: This item repeals a subsection made redundant by the repeal of A New Tax System (Goods and Services Tax Transition) Act 1999 by the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.section 16 of the

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “Wine Tax Act”.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “*Wine Tax Act”.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “*Wine Tax Act”.

Repeal the definition, substitute:

tax period means a tax period applying to you under:

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “*Wine Tax Act”.

Insert:

Wine Tax Act means the A New Tax System (Wine Equalisation Tax) Act 1999.

Omit “A New Tax System (Wine Equalisation Tax) Act 1999”, substitute “*Wine Tax Act”.

Fuel Tax Act 2006

Omit “amount”, substitute “*amount”.

Omit “tax period”, substitute “*tax period, or *fuel tax return period,”.

The amendments made by item 15 of this Schedule apply, and are taken to have applied, in relation to acquisitions, manufacturing, importations and adjustments that are taken into account in:

Income Tax Assessment Act 1997

Insert:

Deputy Commissioner means a Deputy Commissioner of Taxation.

Insert:

Second Commissioner means a Second Commissioner of Taxation.

Taxation Administration Act 1953

Insert:

Omit “Second Commissioner or a Deputy Commissioner”, substitute “*Second Commissioner or a *Deputy Commissioner”.

Omit “Second Commissioner or a Deputy Commissioner”, substitute “*Second Commissioner or a *Deputy Commissioner”.

Omit “Second Commissioner of Taxation”, substitute “*Second Commissioner”.

Omit “Second Commissioner” (first occurring), substitute “*Second Commissioner”.

Omit “Second Commissioner or a Deputy Commissioner”, substitute “*Second Commissioner or a *Deputy Commissioner”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history