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CRIMES (TAXATION OFFENCES) ACT 1980 - SECT 15

Application of Part I and Part II in relation to petroleum resource rent tax

  (1)   Without prejudice to their effect apart from this section, subsection   3(3), paragraph   3(4)(e) and the provisions of Part   II (other than section   8 and subsection   10(3)) also have the effect they would have if:

  (a)   a reference in any of those provisions to income tax were a reference to petroleum resource rent tax;

  (b)   a reference in any of those provisions to future income tax were a reference to future petroleum resource rent tax;

  (c)   a reference in any of those provisions to the Income Tax Assessment Act were a reference to the Petroleum Resource Rent Tax Assessment Act; and

  (d)   a reference in any of those provisions, in relation to a company or trustee, to income tax moneys were a reference to petroleum resource rent tax moneys.

  (2)   For the purposes of the application of the provisions of Part   II (other than section   8 and subsection   10(3)) in accordance with subsection   (1) of this section:

  (a)   a reference in any of those provisions to the petroleum resource rent tax payable by a company or trustee, in relation to the intention of a person entering into, or the knowledge or belief of a person concerning, an arrangement or transaction shall be read as a reference to some or all of the petroleum resource rent tax due and payable by the company or the trustee at the time when the arrangement or transaction was entered into;

  (b)   a reference in any of those provisions to future petroleum resource rent tax payable by a company or trustee, in relation to the intention of a person entering into, or the knowledge or belief of a person concerning, an arrangement or transaction shall be read as a reference to some or all of the petroleum resource rent tax that may reasonably be expected by that person to become payable by the company or trustee after the arrangement or transaction is entered into;

  (c)   a reference in any of those provisions, other than subsections   10(1) and (2), in relation to a company or trustee, to petroleum resource rent tax moneys shall be read as a reference to:

  (i)   petroleum resource rent tax payable by the company or trustee; and

  (ii)   costs ordered by a court against a company or trustee in a proceeding for the recovery of petroleum resource rent tax; and

  (d)   a reference in subsections   10(1) and (2) to petroleum resource rent tax moneys shall be read as a reference to petroleum resource rent tax that has been assessed under the Petroleum Resource Rent Tax Assessment Act.

  (3)   For the purposes of the application of subsection   10(2), section   11 and section   12 in accordance with the preceding provisions of this section, the liability of a company or trustee in respect of petroleum resource rent tax moneys that have been assessed shall not be taken not to be finally determined by reason only of the possibility of the Commissioner amending the assessment (otherwise than as a result of an objection being allowed or to give effect to a decision of the Administrative Review Tribunal or a court).

 



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