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STATE TAXATION ACTS FURTHER AMENDMENT ACT 2009 (NO. 83 OF 2009) - SECT 32

Amount of penalty tax for notification default

    (1)     After section 30(1) of the Taxation Administration Act 1997 insert

    "(1A)     The amount of penalty tax payable in respect of a notification default is 25% of the additional amount of tax that the taxpayer would have been assessed as liable to pay had the notification default not occurred, subject to this Division.".

    (2)     After section 30(2) of the Taxation Administration Act 1997 insert

    "(2A)     The Commissioner may increase the amount of penalty tax payable in respect of a notification default to 75% of the additional amount of tax that the taxpayer would have been assessed as liable to pay had the notification default not occurred if the Commissioner is satisfied that the notification default was caused wholly or partly by the intentional disregard by the taxpayer (or a person acting on behalf of the taxpayer) of section 46K or 104A of the Land Tax Act 2005 (as the case requires).".

    (3)     In section 30(3) of the Taxation Administration Act 1997

        (a)     after "tax default" (where first occurring) insert "or notification default";

        (b)     in paragraph (b) for "tax default" substitute "default".



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