Income Tax Assessment Act 1936
Sections and provisions with full text and the judgments that cite each one.
Section 171A — Limited period to make assessments for nil liability returns for the 2003-04 year of income or earlier
(1) If the circumstances set out in column 2 of the following table apply to a taxpayer in relation to the 2003-04 year of income (a nil year) or an earlier year of income (also a nil year), the…
Section 172 — Refunds of amounts overpaid
(1) Where, by reason of an amendment of an assessment, a person’s liability to tax (the earlier liability) is reduced: (a) the amount by which the tax is so reduced is taken never to have been…
Section 172A — Consequences of amendment of assessments of tax offset refunds
Amendment increases total of tax offset refunds (1) If, by reason of an amendment of an assessment, the total of a person’s tax offset refunds is increased, the Commissioner must apply the amount of…
Section 173 — Amended assessment to be an assessment
Except as otherwise provided every amended assessment shall be an assessment for all the purposes of this Act.
Section 174 — Notice of assessment
(1) As soon as conveniently may be after any assessment is made, the Commissioner shall serve notice thereof in writing by post or otherwise upon the person liable to pay the tax. (3) In subsection…
Section 175 — Validity of assessment
The validity of any assessment shall not be affected by reason that any of the provisions of this Act have not been complied with.
Section 175A — Objections against assessments
(1) A taxpayer who is dissatisfied with an assessment made in relation to the taxpayer may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953. (2) A taxpayer…
Section 177A — Interpretation
(1) In this Part, unless the contrary intention appears: associate has the same meaning as in Part X. Australian customer, of a foreign entity, means another entity who: (a) is in Australia, or is an…
Section 177DA — Schemes that limit a taxable presence in Australia
Scheme for a purpose including obtaining a tax benefit etc. (1) Without limiting section 177D, this Part also applies to a scheme if: (a) under, or in connection with, the scheme: (i) a foreign…
Section 177EA — Creation of franking debit or cancellation of franking credits
(1) In this section, unless the contrary intention appears: relevant circumstances has a meaning affected by subsection (17). relevant taxpayer has the meaning given by subsection (3). scheme for a…
Section 177B — Operation of Part
(1) Nothing in the following limit the operation of this Part: (a) the provisions of this Act (other than this Part); (b) the International Tax Agreements Act 1953. (2) This Part does not affect the…
Section 177CB — The bases for identifying tax benefits
(1) This section applies to deciding, under section 177C, whether any of the following (tax effects) would have occurred, or might reasonably be expected to have occurred, if a scheme had not been…
Section 177EB — Cancellation of franking credits—consolidated groups
Expressions to have same meanings as in section 177EA and Income Tax Assessment Act 1997 (1) Unless the contrary intention appears, expressions used in this section: (a) if those expressions are…
Section 177C — Tax benefits
(1) Subject to this section, a reference in this Part to the obtaining by a taxpayer of a tax benefit in connection with a scheme shall be read as a reference to: (a) an amount not being included in…
Section 177D — Schemes to which this Part applies
Scheme for purpose of obtaining a tax benefit (1) This Part applies to a scheme if it would be concluded (having regard to the matters in subsection (2)) that the person, or one of the persons, who…
Section 177E — Stripping of company profits
(1) Where: (a) as a result of a scheme that is, in relation to a company: (i) a scheme by way of or in the nature of dividend stripping; or (ii) a scheme having substantially the effect of a scheme…
Section 177F — Cancellation of tax benefits etc.
(1) Where this Part applies to a scheme in connection with which a tax benefit has been obtained, or would but for this section be obtained, the Commissioner may: (a) in the case of a tax benefit…
Section 177G — Amendment of assessments
Nothing in section 170 prevents the amendment of an assessment at any time if the amendment is for the purpose of giving effect to subsection 177F(3).
Section 177H — Diverted profits tax—objects
(1) The primary objects of the DPT provisions are: (a) to ensure that the Australian tax payable by significant global entities properly reflects the economic substance of the activities that those…
Section 177J — Diverted profits tax—application
Scheme for a purpose including obtaining a tax benefit etc. (1) This Part also applies to a scheme, in relation to a tax benefit (the DPT tax benefit) if: (a) a taxpayer (a relevant taxpayer) has…
Section 177K — Diverted profits tax—$25 million income test
(1) This section applies in relation to the relevant taxpayer, in relation to the DPT tax benefit, if the sum of the following does not exceed $25 million: (a) the assessable income of the relevant…
Section 177L — Diverted profits tax—sufficient foreign tax test
(1) This section applies in relation to the relevant taxpayer, in relation to the DPT tax benefit, if the amount worked out under subsection (2) (foreign tax liability) equals or exceeds 80% of the…
Section 177M — Diverted profits tax—sufficient economic substance test
(1) This section applies in relation to the relevant taxpayer, in relation to the DPT tax benefit, if the profit made as a result of the scheme by each entity covered by subsection (2) reasonably…
Section 177N — Diverted profits tax—consequences
If this Part applies to a scheme because of section 177J: (a) section 177P applies to the relevant taxpayer mentioned in section 177J; and (b) the Commissioner cannot make a determination under…
Section 177P — Diverted profits tax—liability
(1) The relevant taxpayer is liable to pay tax at the rate declared by the Parliament on: (a) if this Part applies to a scheme in respect of the relevant taxpayer for the year of income mentioned in…
Section 177Q — Diverted profits tax—general interest charge on unpaid diverted profits tax or shortfall interest charge
If an amount of diverted profits tax or shortfall interest charge that an entity is liable to pay remains unpaid after the time by which it is due to be paid, the entity is liable to pay the general…
Section 177R — Diverted profits tax—when shortfall interest charge is payable
An amount of shortfall interest charge that an entity is liable to pay under section 280-102C in Schedule 1 to the Taxation Administration Act 1953 is due and payable 21 days after the day on which…
Section 202 — Objects of this Part
The objects of this Part are, by means of the establishment of a system of tax file numbers: (a) to increase the effectiveness and efficiency of the matching of information contained in reports given…
Section 202A — Interpretation
In this Part, unless the contrary intention appears: alienated personal services payment has the meaning given by section 13-10 in Schedule 1 to the Taxation Administration Act 1953. applicant, in…
Section 202AA — Definition of eligible PAYG payment
In applying the definition of eligible PAYG payment in section 202A: (a) a requirement to withhold a nil amount is treated as a requirement to withhold an amount; and (b) a requirement to pay a nil…
Section 202BA — Issuing of tax file numbers
(1) Subject to subsection (3), if, on an application for a tax file number, the Commissioner is satisfied that the applicant’s identity has been established, the Commissioner shall issue a tax file…
Section 202CA — Operation of TFN declaration
(1) Subject to this Division, a TFN declaration commences to have effect when it is made. Note: Under section 202CB, a TFN declaration is not effective unless the tax file number of the recipient is…
Section 202CEA — Validation notices
(1) The Commissioner may give a payer a notice under subsection (2) if: (a) the payer gives the Commissioner information that the payer believes to be: (i) the full name, tax file number and date of…
Section 202DHA — Tax file number quoted for Division 3 purposes taken to have been quoted for superannuation purposes
If: (a) a person has on or after 1 July 2007 made a TFN declaration in relation to a payer; and (b) the person is a beneficiary of an eligible superannuation entity or of a regulated exempt public…
Section 202EA — Persons receiving certain pensions etc.—employment
(1) Nothing in this Part shall be taken to provide for a person who is a recipient because the person receives, or expects to receive, a pension or benefit referred to in subsection (5) to make a TFN…
Section 202FA — Statements to accompany notification of decisions
(1) Where a decision of a kind referred to in section 202F is made and notice in writing of the decision is given to a person whose interests are affected by the decision, that notice shall include a…
Section 202AB — Declaration that an arrangement is, or is not, a unit trust
The Minister may, by legislative instrument, declare that an arrangement is, or is not, a unit trust for the purposes of the definition of that term in section 202A.
Section 202B — Application for tax file number
(1) A person may apply to the Commissioner for the issue of a tax file number. (2) An application must be in the approved form. The approved form may require the application to include documentary…
Section 202BB — Current tax file number
On the issue of a tax file number to a person, any tax file number previously issued to the person and not already cancelled or withdrawn ceases to have effect.
Section 202CB — Quotation of tax file number in TFN declaration
(1) Subject to subsections (2) and (4) and subsection 202CE(2), a TFN declaration is not effective for the purposes of this Part unless the tax file number of the recipient is stated in the…
Section 202DB — Quotation of tax file numbers in connection with investments
(1) A person who is an investor in relation to an investment to which this Part applies may quote the person’s tax file number to the investment body in connection with the investment. (2) Where: (a)…
Section 202DDB — Quotation of tax file number in connection with indirectly held investment
(1) If, apart from this section: (a) either of the following subparagraphs applies: (i) both of the following conditions are satisfied: (A) a body corporate (in this section called the interposed…
Section 202EB — Persons receiving certain pensions etc.—investments
(1) For the purposes of this Part, a person to whom this section applies shall be taken to have quoted his or her tax file number under Division 4 in connection with the investment if the investment…
Section 202BC — Deemed refusal by Commissioner
(1) If the Commissioner has not decided an application for a tax file number within 28 days after the application is made, the applicant may, at any time, give to the Commissioner written notice that…
Section 202C — TFN declarations by recipients of eligible PAYG payments
(1) A person who is a recipient of a payer, or expects to become a recipient of a payer, may make a TFN declaration in relation to the payer. (2) To be effective, the declaration must be made to the…
Section 202CC — Making a replacement TFN declaration in place of an ineffective declaration
Nothing in this Division prevents a recipient making a new TFN declaration in place of a TFN declaration that is ineffective under subsection 202CB(1).
Section 202DC — Method of quoting tax file number
(1) A person quotes a tax file number to an investment body by informing the body of the number in a manner approved by the Commissioner. (2) The investment body may be so informed by the person or…
Section 202EC — Entities not required to lodge income tax returns
(1) For the purposes of this Part, where: (a) an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income is, at any time during that year,…
Section 202BD — Interim notices
(1) Where an application for a tax file number states the name and address of a payer of the applicant, the Commissioner may give to the payer a notice under this section in relation to the…
Section 202CD — Sending of TFN declaration to Commissioner
(1) Where a recipient gives a payer a TFN declaration, the payer shall: (a) countersign the original of the declaration; (b) within 14 days after the declaration is made, send the original to the…