A return is to be in a form approved by the Chief Commissioner.
A return is taken to have been lodged by a person at the time the return is served on the Chief Commissioner.
36 Extending time or period for lodgment
The Chief Commissioner may extend the time or period for lodgment of a return by a person.
Division 2 Approval of special tax return arrangements
37 Approval of special tax return arrangements
(1) Despite the provisions of another taxation law, the Chief Commissioner may, by written notice, give approval for a special arrangement for the lodging of returns and payment of tax under the taxation law to:(a) a specified taxpayer, or(b) a specified agent or other person on behalf of a specified taxpayer or taxpayers of a specified class.(2) An approval, among other things:(a) may provide an exemption for the taxpayer or taxpayers from specified provisions of the taxation law to which it applies, and(b) may authorise the lodging of returns and payments of tax by electronic means.(3) An approval may be given on the initiative of the Chief Commissioner or on application.(4) The calculation of tax by a person other than the Chief Commissioner in accordance with a special arrangement approved under this section is not an assessment.
(1) An application for an approval under this Division must be made to the Chief Commissioner in a form approved by the Chief Commissioner.(2) The Chief Commissioner may grant or refuse an application for an approval under this Division.
(1) An approval under this Division is subject to conditions specified by the Chief Commissioner in the notice of approval or by subsequent written notice.(2) The conditions of an approval may include:(a) conditions limiting the approval to tax liabilities of a specified class, and(b) conditions limiting the approval to transactions effected by instruments of a specified class, and(c) conditions requiring the lodging of returns at specified times and conditions as to the contents of the returns, and(d) conditions requiring payments of tax at specified times, and(e) conditions as to the means by which returns are to be lodged or payments of tax are to be made, and(f) if the approval provides an exemption from a requirement for the stamping of instruments, conditions as to the endorsement of the instruments, and(g) conditions requiring the taxpayer or agent to whom the approval was given to keep specified records.
40 Variation and cancellation of approvals
The Chief Commissioner may vary or cancel an approval under this Division by written notice served on the taxpayer or agent to whom the approval was given.
(1) If an approval is given under this Division to a specified taxpayer, the conditions of the approval are binding on the taxpayer and the taxpayer is guilty of an offence if any of the conditions is contravened.Maximum penalty: 100 penalty units.
(2) If:(a) an approval is given under this Division to a specified agent on behalf of a specified taxpayer or taxpayers of a specified class, and(b) the agent acts on behalf of that taxpayer or a taxpayer of that class in relation to a tax liability to which the approval applies,the conditions of the approval are binding on the agent and the taxpayer and the agent and the taxpayer are each guilty of an offence if any of the conditions is contravened in relation to that tax liability.Maximum penalty: 100 penalty units.
(3) However, if the provisions of a taxation law from which a taxpayer is exempted by an approval under this Division are complied with in relation to a tax liability, subsections (1) and (2) do not apply to the taxpayer or an agent of the taxpayer in relation to that tax liability.Note. An offence against subsection (1) or (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 121.
(1) If:(a) an approval under this Division provides for an exemption from a requirement for the stamping of an instrument, and(b) the instrument is endorsed in accordance with the conditions of the approval,the instrument is taken to be duly stamped but without affecting liability for the payment of tax in relation to the instrument under the relevant taxation law.(2) A person who endorses an instrument otherwise than under and in accordance with an approval under this Division so as to suggest or imply that the instrument is properly so endorsed and as a result is taken to be duly stamped is guilty of an offence.Maximum penalty: 100 penalty units.
Note. An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 121.(3) Despite subsection (1), the endorsing of an instrument as referred to in subsection (1) (b) is not evidence of an assessment of the duty payable under the Duties Act 1997 in respect of the instrument.