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TAXATION ADMINISTRATION ACT 2001 - SECT 59
Penalty tax not payable if proceeding for offence started
59 Penalty tax not payable if proceeding for offence started
(1) This section applies if a taxpayer is liable to pay penalty tax because of
an act or omission of the person.
(2) If a proceeding is started against the
taxpayer for an offence against a tax law that is constituted by the act or
omission and the penalty tax has not been paid to the commissioner, the
penalty tax is payable only if the commissioner withdraws the proceeding.
(3)
If the penalty tax has been paid to the commissioner, but a proceeding is
started against the person for an offence against a tax law that is
constituted by the act or omission, the commissioner must make a reassessment
remitting the amount of penalty tax to nil. Note— See section 18 (When
commissioner must make reassessment—general).
(4) Despite subsection (3)
, if the commissioner withdraws the proceeding for the offence, the
commissioner must make a reassessment to reinstate the penalty tax remitted
under the subsection.
(5) In this section—
"penalty tax" includes an amount declared under a revenue law to be a
penalty tax for this section.
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