Commonwealth Consolidated Acts

MINERALS RESOURCE RENT TAX (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2012 - SCHEDULE 2

Part   1 -- Amendments

Taxation Administration Act 1953

1   After subsection   14ZW(1A)

Insert:

  (1AB)   The person cannot lodge a taxation objection against a private tax ruling that relates to an MRRT year and to a mining project interest or pre - mining project interest after the end of whichever of the following ends last:

  (a)   60 days after the ruling was made;

  (b)   4 years after the last day allowed to the person for lodging an MRRT return in relation to the MRRT year and the interest.

  (1AC)   Expressions used in subsection   ( 1AB) have the same meaning as in the Income Tax Assessment Act 1997 .

2   At the end of subs ection   155 - 5 (2) in Schedule   1

Add:

  ; (e)   a n amount of * MRRT payable for an * MRRT year in relation to a * taxable mining profit for the MRRT year .

3   Subsection   155 - 15 (1) in Schedule   1 (after table item   3 )

Insert:

4   At the end of section   155 - 30 in Schedule   1

A dd:

  (3)   This section does not apply if the * assessable amount is the * MRRT payable by you for an * MRRT year in relation to your * taxable mining profit for the MRRT year.

5   Section   155 - 55 in Schedule   1

Repeal the section, substitute:

155 - 55   Amendment to give effect to certain anti - avoidance declarations or determinations

    The Commissioner may amend an assessment of an * as sessable amount at any time, if:

  (a)   the Commissioner makes a declaration under subsection   165 - 45(3) of the * GST Act (about compensating adjustments for anti - avoidance declarations ); or

  (b)   the Commissioner makes a declaration under subsection   75 - 45(3) of the Fuel Tax Act 2006 (about compensating adjustments for anti - avoidance declarations ); or

  (c )   the Commissioner makes a determination under section   210 - 30 of the Minerals Resource Rent Tax Act 201 2 (about compensating adjustments for anti - avoidance determinations).

The Commissioner may amend the assessment to give effect to the declaration or determination .

155 - 57   Amendment to give effect to MRRT anti - profit shifting rules

    The Commissioner may amend an assessment of an * assessable amount of yours at any time for the purposes of giving effect to Division   205 (about anti - profit shifting) of the Minerals Resource Rent Tax Act 201 2 .

6   Section   155 - 9 0 in Schedule   1

Before " You " , insert " (1) " .

7   At the end of section   155 - 9 0 in Schedule   1

Add:

  (2)   You cannot object under subsection   ( 1) against an assessment ascertaining that:

  (a)   you have no * taxable mining profit for an * MRRT year; or

  (b)   you have a taxable mining profit and no * MRRT payable for an MRRT year;

unless you are seeking an increase in your liability.

8   Section   350 - 5 in Schedule   1

Repeal the section, substitute:

350 - 5   Application of Subdivision

    This Subdivision applies in relation to the following * taxation laws:

  (a)   * indirect tax laws;

  (b)   the * MRRT law.

9   Subsection   350 - 10(1) in Schedule   1 (table item   2)

Repeal the item, substitute:

Part   2 -- Alternat iv e amendments

Administrative Decisions (Judicial Review) Act 1977

10   Paragraph   ( e) of Schedule   1

After " Part   3 - 10 " , insert " , 3 - 15 or 4 - 1 " .

Income Tax Assessment Act 1997

11   Subsection   995 - 1 (1)

Insert:

"assessable amount" has the meaning given by subsection   155 - 5 (2) in Schedule   1 to the Taxation Administration Act 1953 .

12   Subsection   995 - 1 (1) (definition of assessment )

Repeal the definition (not including the note), substitute:

"assessment" :

  (a)   of an * assessable amount, means an ascertainment of the assessable amount; and

  (b)   of a * tax - related liability not covered by paragraph   ( a), has the meaning given by a * taxation law that provides for the assessment of the amount of the liability.

13   Subsection   995 - 1(1)

Insert:

"Deputy Commissioner" means a Deputy Commissioner of Taxation.

14   Subsection   995 - 1 (1)

Insert:

"original assessment" , of an * assessable amount, has the meaning given by section   155 - 35 in Schedule   1 to the Taxation Administration Act 1953 .

15   Subsection   995 - 1 (1)

Insert:

"period of review" , for an assessment of an * assessable amount, has the meaning given by section   155 - 35 in Schedule   1 to the Taxation Administration Act 1953 .

16   Subsection   995 - 1(1)

Insert:

"Second Commissioner" means a Second Commissioner of Taxation.

Taxation Administration Act 1953

17   Subsection   8AAZLG(2)

After " makes " , insert " or amends " .

18   After paragraph   14ZW(1)(be)

Insert:

  (b g )   if the taxation objection is made under Subdivision   155 - C in Schedule   1 to this Act-- 4 years after notice of the original assessment of the assessable amount (within the meaning of Schedule   1) concerned is given to the person; or

19   After subsection   14ZW(1A)

Insert:

  (1AB)   The person cannot lodge a taxation objection against a private tax ruling that relates to an MRRT year and to a mining project interest or pre - mining project interest after the end of whichever of the following ends last:

  (a)   60 days after the ruling was made;

  (b)   4 years after the last day allowed to the person for lodging an MRRT return in relation to the MRRT year and the interest.

  (1AC)   Expressions used in subsection   ( 1AB) have the same meaning as in the Income Tax Assessment Act 1997 .

20   Paragraph 14ZW(1B)(b)

Omit " or (bb) " , substitute " , (bb) or (b g ) " .

21   Chapter   4 in Schedule   1 (heading)

Repeal the heading, substitute:

Chapter   4 -- Generic assessment, collection and recovery rules

22   Before Part   4 - 15 in Schedule   1

Insert:

Part   4 - 1 -- Returns and assessments

Division   155 -- Assessments

Table of Subdivisions

  Guide to Division   155

155 - A   Making assessments

155 - B   Amending assessments

155 - C   Validity and review of assessments

Guide to Division   1 5 5

155 - 1   What this Division is about

Subdivision   155 - A -- Making assessments

Table of sections

155 - 5   Commissioner may make assessment

155 - 10   Commissioner must give notice of assessment

155 - 15   Self - assessment

155 - 25   Special assessment

155 - 5   Commissioner may make assessment

  (1)   The Commissioner may at any time make an assessment of an * assessable amount (including an assessment that the amount is nil).

Note 1:   For amendment of assessments: see Subdivision   155 - B.

Note 2:   An assessment can be reviewed: see Subdivision   155 - C.

  (2)   An amount of * MRRT payable for an * MRRT year in relation to a * taxable mining profit for the MRRT year is an assessable amount .

155 - 10   Commissioner must give notice of assessment

  (1)   The Commissioner must give you notice of an assessment of an * assessable amount of yours as soon as practicable after the assessment is made.

Note:   This section also applies to an amended assessment: see section   155 - 80 .

  ( 2 )   The Commissioner may give you the notice electronically if you are required to lodge, or have lodged, the return (if any) that relates to the * assessable amount electronically.

155 - 15   Self - assessment

  (1)   The Commissioner is treated as having made an assessment under section   155 - 5 of an * assessable amount mentioned in an item of the following table, if the document mentioned in the item is given to the recipient mentioned in the item:

  (2)   The assessment is treated as having been made on the day the document is given to the recipient mentioned in column 2.

  (3)   The amount assessed is:

  (a)   if the document is required to state the * assessable amount--the amount (including a nil amount) stated; or

  (b)   otherwise--the amount (including a nil amount) worked out in accordance with the information stated in the document.

  (4)   The document is treated as being a notice of the assessment:

  (a)   signed by the Commissioner; and

  (b)   given to you under section   155 - 10 on the day the document is given to the recipient.

  (5)   This section does not apply to an * assessable amount if the Commissioner has already assessed the assessable amount on or before the day mentioned in paragraph   ( 4)(b).

155 - 25   Special assessment

    For the purposes of making, under section   155 - 5 , an assessment of an * assessable amount that relates to a period (e.g. an * MRRT year), the Commissioner may treat part of the period as being the whole period.

Subdivision   155 - B -- Amending assessments

Table of sections

When Commissioner may amend assessments

155 - 35   Amendment during period of review

155 - 40   Amendment during period of review--certain applications taken to be notices

155 - 45   Amendment on application

155 - 50   Amendment to give effect to private ruling

155 - 55   Amendment to give effect to certain anti - avoidance determinations

155 - 57   Amendment to give effect to MRRT anti - profit shifting rules

155 - 60   Amendment because of review, objection or fraud

Special rules about amending amended assessments

155 - 65   Amending amended assessments

155 - 70   Refreshed period of review

General rules

155 - 75   Refunds of amounts overpaid

155 - 80   Amended assessments are assessments

When Commissioner may amend assessmen t s

155 - 35   Amendment during period of review

Amendment

  (1)   The Commissioner may amend an assessment of an * assessable amount within the * period of review for the assessment.

Note 1:   An amendment of an assessment can be reviewed: see Subdivision   155 - C.

Note 2:   This section also applies to amended assessments: see section   155 - 80 . However, there are limits on how amended assessments can be amended: see sections   155 - 65 and 155 - 70 .

Meaning of period of review and original assessment

  (2)   The period of review , for an assessment of an * assessable amount of yours, is:

  (a)   the period:

  (i)   starting on the day on which the Commissioner gives notice of the * original assessment of the assessable amount to you under section   155 - 10 ; and

  (ii)   ending on the last day of the period of 4 years starting the day after that day; or

  (b)   if the period of review is extended under subsection   ( 4) or (5) of this section--the period as so extended.

  (3)   The original assessment , of the * assessable amount, i s the assessment as it was first made .

Extensions

  (4)   The Federal Court of Australia may order an extension of the * period of review for an assessment of an * assessable amount of yours for a specified period, if:

  (a)   the Commissioner has started to examine your affairs in relation to the assessment; and

  (b)   the Commissioner has not completed the examination within the period of review for the assessment; and

  (c)   the Commissioner, during the period of review, applies to the Federal Court of Australia for an order extending the period; and

  (d)   the Court is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the period of review, because of:

  (i)   any action taken by you; or

  (ii)   any failure by you to take action that it would have been reasonable for you to take.

  (5)   You may, by written notice given to the Commissioner, consent to the extension of the * period of review for an assessment of an * assessable amount of yours for a specified period, if:

  (a)   the Commissioner has started to examine your affairs in relation to the assessment; and

  (b)   the Commissioner has not completed the examination within the period of review for the assessment; and

  (c)   the Commissioner, during the period of review, requests you to consent to extending the period of review.

  (6)   An order may be made under subsection   ( 4), or consent given under subsection   ( 5), in relation to an assessment of an * assessable amount more than once.

155 - 40   Amendment during period of review--certain applications taken to be notices

  (1)   An application made by you for an amendment of an assessment of an * assessable amount of yours is treated as being a notice of the amended assessment given to you by the Commissioner under section   155 - 10 , if:

  (a)   the application is in the * approved form; and

  (b)   the Commissioner makes the amendment:

  (i)   to give effect to the decision on the application; and

  (ii)   during the * period of review for the assessment; and

  (c)   the amendment the Commissioner makes is the entire amendment for which you applied, and nothing else.

  (2)   The notice is treated as having been given to you on the first day the Commissioner adjusts the balance of an * RBA of yours as a result of the amendment.

155 - 45   Amendment on application

    The Commissioner may amend an assessment of an * assessable amount of yours at any time, if you apply for an amendment in the * approved form during the * period of review for the assessment. The Commissioner may amend the assessment to give effect to his or her decision on the application.

Note:   The Commissioner must give you notice of the amended assessment under section   155 - 10 : see section   155 - 80 .

155 - 5 0   Amendment to give effect to private ruling

    The Commissioner may amend an assessment of an * assessable amount of yours at any time, if:

  (a)   you apply for a * private ruling during the * period of review for the assessment; and

  (b)   the Commissioner makes a private ruling because of the application.

T he Commissioner may amend the assessment to give effect to the ruling.

155 - 55   Amendment to give effect to certain anti - avoidance determinations

    The Commissioner may amend an assessment of an * assessable amount at any time to give effect to a determination under section   210 - 30 of the Minerals Resource Rent Tax Act 201 2 (about compensating adjustments for anti - avoidance determinations).

155 - 57   Amendment to give effect to MRRT anti - profit shifting rules

    The Commissioner may amend an assessment of an * assessab le amount of yours at any time to giv e effect to Division   205 of the Minerals Resource Rent Tax Act 201 2 (about anti - profit shifting).

155 - 60   Amendment because of review, objection or fraud

    Despite anything in this Subdivision, the Commissioner may amend an assessment of an * assessable amount of yours at any time:

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

  (b)   as a result of an objection made by you, or pending a review or appeal; or

  (c)   if he or she is of the opinion there has been fraud or evasion.

Special rules about amending amended assessmen t s

155 - 65   Amending amended assessments

    The Commissioner cannot amend an amended assessment of an * assessable amount under section   155 - 35 if the * period of review for the assessment has ended.

Note:   The Commissioner can amend amended assessments at any time under sections   155 - 45 to 155 - 60 .

155 - 70   Refreshed period of review

  (1)   This section applies if the Commissioner has made one or more amendments of an assessment of an * assessable amount of yours under section   155 - 35 about a particular.

  (2)   Despite section   155 - 65 , the Commissioner may amend (the later amendment ) the amended assessment after the end of the * period of review for the assessment, if:

  (a)   the Commissioner makes the later amendment before the end of the period of 4 years starting on the day after the day on which the Commissioner gave notice of the last of the amendments mentioned in subsection   ( 1) to you under section   155 - 10 ; and

  (b)   the later amendment is about the particular mentioned in subsection   ( 1) of this section ; and

  (c)   the Commissioner has not previously amended the assessment under this section about that particular.

General rul e s

155 - 75   Refunds of amounts overpaid

  (1)   This section applies if:

  (a)   an assessment of an * assessable amount of yours is amended; and

  (b)   as a result of the amendment, a * tax - related liability (the earlier liability ) of yours is reduced.

  (2)   For the purposes of any * taxation law that applies the * general interest charge, the amount by which the * tax - related liability is reduced is taken never to have been payable.

Note 1:   The general interest charge is worked out under Part   IIA of this Act.

Note 2:   Subsection   8AAB(4) of this Act lists the provisions that apply the charge.

  (3)   The Commissioner must apply the amount of any * tax - related liability overpaid in accordance with Divisions   3 and 3A of Part   IIB of this Act (about running balance accounts and the application of payments and credits).

  (4)   However, if:

  (a)   a later amendment of an assessment of an * assessable amount is made; and

  (b)   all or some of your earlier liability in relation to a particular is reinstated;

this section is taken not to have applied to the extent that the earlier liability is reinstated.

155 - 80   Amended assessments are assessments

    An amended assessment of an * assessable amount is an assessment for all purposes of any * taxation law.

Note:   The Commissioner must give notice of the amended assessment under section   155 - 10. Under section   155 - 40, an application for an amendment is treated as being a notice of the amendment in certain circumstances.

Subdivision   155 - C -- Validity and review of assessments

Table of sections

155 - 85   Validity of assessment

155 - 90   Review of assessments

155 - 85   Validity of assessment

    The validity of any assessment of an * assessable amount is not affected by non - compliance with the provisions of this Act or of any other * taxation law.

155 - 9 0   Review of assessments

  (1)   You may object, in the manner set out in Part   IVC of this Act, against an assessment of an * assessable amount of yours if you are dissatisfied with the assessment.

  (2)   You cannot object under subsection   ( 1) against an assessment ascertaining that:

  (a)   you have no * taxable mining profit for an * MRRT year; or

  (b)   you have a taxable mining profit and no * MRRT payable for an MRRT year;

unless you are seeking an increase in your liability.

23   Subsection   255 - 5(2) in Schedule   1

Omit " Second Commissioner or a Deputy Commissioner " , substitute " * Second Commissioner or a * Deputy Commissioner " .

24   Paragraph 255 - 45(1)(b) in Schedule   1

Omit " Second Commissioner or a Deputy Commissioner " , substitute " * Second Commissioner or a * Deputy Commissioner " .

25   At the end of Chapter   4 in Schedule   1

Add:

Part   4 - 90 -- Evidence

Division   350 -- Evidence

Table of Subdivisions

  Guide to Division   350

350 - A   Evidence

Guide to Division   3 5 0

350 - 1   What this Division is about

The rules in this Division deal with the evidentiary e ffect of official tax documents for the purposes of certain taxation laws.

Subdivision   350 - A -- Evidence

Table of sections

350 - 5   Application of Subdivision

350 - 10   Evidence

350 - 15   Judicial notice of signature

350 - 5   Application of Subdivision

    This Subdivision applies in relation to * taxation laws that are * MRRT laws.

350 - 10   Evidence

Conclusive evidence

  (1)   The following table has effect:

Prima facie evidence

  (2)   The production of a certificate that:

  (a)   is signed by the Commissioner, a * Second Commissioner, a * Deputy Commissioner or a delegate of the Commissioner; and

  (b)   states that, from the time specified in the certificate, an amount was payable under a * taxation law (whether to or by the Commissioner);

is prima facie evidence that:

  (c)   the amount is payable from that time; and

  (d)   the particulars stated in the certificate are correct.

Signed copies are evidence

  (3)   The production of a document that:

  (a)   appears to be a copy of, or extract from, any document (the original document ) made or given by or to an entity for the purposes of a * taxation law; and

  (b)   is signed by the Commissioner, a * Second Commissioner, a * Deputy Commissioner or a delegate of the Commissioner;

is evidence of the matters set out in the document to the same extent as the original document would have been evidence of those matters.

350 - 15   Judicial notice of signature

    All courts, and all persons having by law or consent of parties authority to hear, receive and examine evidence, must take judicial notice of the signature of every person who is or has been:

  (a)   the Commissioner; or

  (b)   a * Second Commissioner; or

  (c)   a * Deputy Commissioner; or

  (d)   a delegate of the Commissioner;

if the signature is attached or appended to an official document for the purposes of a * taxation law .

26   Paragraph 355 - 30(2)(a) in Schedule   1

Omit " Second Commissioner of Taxation " , substitute " * Second Commissioner " .

27   Paragraphs 355 - 55(1)(c) and 355 - 70(1)(c) in Schedule   1

Omit " Second Commissioner " (first occurring), substitute " * Second Commissioner " .

28   Paragraph 357 - 100(b) in Schedule   1

Omit " Second Commissioner or a Deputy Commissioner " , substitute " * Second Commissioner or a * Deputy Commissioner " .