Commonwealth Consolidated Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 74

  (1)   The Commissioner may, at any time within a period of 3 years after the original assessment date in relation to an assessment, amend the assessment by making such alterations or additions to it as the Commissioner thinks necessary.

  (2)   Subject to this section, the Commissioner may, after the end of 3 years after the original assessment date in relation to an assessment, amend the assessment by making such alterations or additions to it as the Commissioner thinks necessary.

  (3)   Where:

  (a)   an employer does not make a full and true disclosure of all the material facts necessary for an assessment of the tax payable by the employer;

  (b)   the Commissioner makes an assessment; and

  (c)   there is an avoidance of tax;

the Commissioner may:

  (d)   where the Commissioner is of the opinion that the avoidance of tax is due to fraud or evasion--at any time; and

  (e)   in any other case--within 6 years after the original assessment date in relation to the assessment;

amend the assessment by making such alterations or additions to it as the Commissioner thinks necessary.

  (4)   No amendment effecting a reduction in the liability of an employer under an assessment shall be made after the end of 3 years after the original assessment date.

  (5)   Where an assessment has been amended under this section in any particular, the Commissioner may, within 3 years after the date on which the amended assessment is made, make, in or in respect of that particular, such further amendment of the assessment as, in the Commissioner's opinion, is necessary to effect such reduction in the liability of the employer liable to pay tax under the assessment as is just.

  (6)   Where an employer:

  (a)   applies, within 3 years after the original assessment date in relation to an assessment, for an amendment of an assessment; and

  (b)   supplies to the Commissioner within that period all information needed by the Commissioner for the purposes of determining the application made by the employer;

the Commissioner may amend the assessment, notwithstanding that that period has expired.

  (6A)   An application for amendment must be in the approved form.

  (7)   Nothing in this section prevents the amendment of an assessment:

  (a)   in order to give effect to a decision on a review or appeal; or

  (b)   by way of reduction in any particular pursuant to an objection made under this Act or pending an appeal or review.