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A NEW TAX SYSTEM (TAX ADMINISTRATION) ACT (NO. 2) 2000 - SCHEDULE 5

Consequential amendment of Chapter 6 (the Dictionary) of the Income Tax Assessment Act 1997

 

1   Subsection 995 - 1(1) (definition of approved form )

Repeal the definition, substitute:

"approved form" has the meaning given by section   388 - 50 in Schedule   1 to the Taxation Administration Act 1953 .

1A   Subsection 995 - 1(1) (after paragraph   (d) of the definition of BAS provisions )

Insert:

  ; and (e)   sales tax law as defined in section   5 of the Sales Tax Assessment Act 1992 .

2   Subsection 995 - 1(1)

Insert:

"base penalty amount" : the base penalty amount for calculating the amount of an administrative penalty is worked out under the relevant provision in this table:

 

Base penalty amount

Item

For a penalty for this:

See:

1

False or misleading statement

Position not reasonably arguable

Section   284 - 90 in Schedule   1 to the Taxation Administration Act 1953

2

* Schemes

Section   284 - 160 in that Schedule

3

Failure to lodge returns etc.

Section   286 - 80 in that Schedule

3   Subsection 995 - 1(1)

Insert:

"current annual turnover" has the meaning given by section   195 - 1 of the * GST Act.

4   Subsection 995 - 1(1) (definition of electronic signature )

Repeal the definition, substitute:

"electronic signature" of an entity means a unique identification of the entity in electronic form that is approved by the Commissioner.

5   Subsection 995 - 1(1)

Insert:

"fringe benefits taxable amount" has the meaning given by section   5B of the Fringe Benefits Tax Assessment Act 1986 .

6   Subsection 995 - 1(1)

Insert:

"government entity" has the meaning given by section   41 of the A New Tax System (Australian Business Number) Act 1999 .

6A   Subsection 995 - 1(1)

Insert:

"input taxed" has the meaning given by section   195 - 1 of the * GST Act.

7   Subsection 995 - 1(1)

Insert:

"non-profit sub" -entity has the meaning given by section   195 - 1 of the * GST Act.

8   Subsection 995 - 1(1) (definition of PAYE earner )

Repeal the definition.

9   Subsection 995 - 1(1) (definition of PAYE earnings )

Repeal the definition.

10   Subsection 995 - 1(1)

Insert:

"reasonably arguable" has the meaning given by section   284 - 15 in Schedule   1 to the Taxation Administration Act 1953 .

10A   Subsection 995 - 1(1) (paragraphs   (b) and (c) of the definition of recognised tax adviser )

Repeal the paragraphs, substitute:

  (b)   a legal practitioner.

11   Subsection 995 - 1(1)

Insert:

"scheme benefit" has the meaning given by section   284 - 150 in Schedule   1 to the Taxation Administration Act 1953 .

12   Subsection 995 - 1(1)

Insert:

"scheme shortfall amount" has the meaning given by section   284 - 150 in Schedule   1 to the Taxation Administration Act 1953 .

13   Subsection 995 - 1(1)

Insert:

"shortfall amount" has the meaning give by section   284 - 80 in Schedule   1 to the Taxation Administration Act 1953 .

14   Subsection 995 - 1(1) (definition of tax audit )

Repeal the definition, substitute:

"tax audit" means an examination by the Commissioner of an entity's financial affairs for the purposes of a * taxation law.

15   Subsection 995 - 1(1)

Insert:

"taxable importation" has the meaning given by section   195 - 1 of the * GST Act.

16   Subsection 995 - 1(1)

Insert:

"telephone signature" of an entity is a unique identification of the entity that can be given by telephone and that is approved by the Commissioner.

 

 

 



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