Commentary on Part IV of ITAA 1936: returns and assessments

Dabner, Justin (2009) Commentary on Part IV of ITAA 1936: returns and assessments. In: Murray-Jones, Ian, (ed.) Australian Tax Practice. Thomson Legal and Regulatory, Pyrmont, NSW, Australia, - .

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Abstract

[Extract] To facilitate the determination of a person's liability to taxation it is required that taxpayers provide the ATO with certain information in a return so that the ATO may calculate the amount refundable or payable, and issue a notice of that assessment (in the absence of a deemed assessment). Subsequently there is a confirmation of that assessment by the ATO from sources external to the return. Where discrepancies occur, the assessment is varied by amendment action in accordance with the provisions of s 170 and a penalty may be imposed.

Section 161(1) contains the authority for the ATO to require that a return be lodged. It permits the requirement to be publicised by way of a notice in the Government Gazette. Section 161(1A) authorises the ATO to, within the notice, exempt from the obligation to furnish returns classes of persons not liable to pay income tax. Section 161(2) makes it clear that if a person is absent from Australia or otherwise unable to lodge a return as required by the notice, due to a physical or mental infirmity, they may satisfy their lodgment obligations by authorising another person (such as a tax agent) to lodge on their behalf.

Item ID: 8871
Item Type: Book Chapter (Research - B1)
Keywords: taxation law, taxation
ISBN: 978-0-86460-011-0
Date Deposited: 31 Aug 2010 00:44
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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