(1) The Commissioner
may make an assessment (an interim assessment ) of a portion of the duty
payable in respect of a relevant acquisition if —
(a) the
Commissioner is satisfied that duty is payable in respect of the relevant
acquisition; and
(b) one
of the following applies —
(i)
more than 6 months have elapsed since the day on which an
acquisition statement or agreement for the relevant acquisition was lodged or
an application was made under section 180 in relation to the relevant
acquisition;
(ii)
more than 6 months have elapsed since the day on which an
acquisition statement or agreement for the relevant acquisition ought to have
been lodged;
(iii)
the Commissioner is satisfied that it will not be
possible to obtain the information necessary to determine the value of the
landholder within the 6 months referred to in subparagraph (ii);
and
(c) the
Commissioner is satisfied that a portion of the value of the landholder can be
determined.
(2) For the purposes
of subsection (1)(b)(ii), the day on which an acquisition statement or
agreement ought to have been lodged is the last day of the period within which
the statement or agreement must be lodged under section 200, 201 or 202
(whichever is relevant).
(3) For the purpose of
being satisfied of the matter in subsection (1)(c), the Commissioner may have
regard to any information that the Commissioner considers relevant, including
the following —
(a) the
value, as agreed between the Commissioner and the taxpayer, of anything;
(b) the
consideration (if any) given for the relevant acquisition;
(c) any
evidence, whether provided by the taxpayer or obtained by the Commissioner, of
the value of anything;
(d) any
document or other record kept by or on behalf of a party to the relevant
acquisition;
(e) any
information held by a regulatory authority in the State, another Australian
jurisdiction or an overseas jurisdiction;
(f) any
information that is publicly available.
(4) For the purposes
of making an interim assessment, the duty payable is to be determined as if
the portion of the value of the landholder were the full value of the
landholder.
(5) The Commissioner
can make a determination of a portion of the value of a landholder for the
purposes of making an interim assessment even though the Commissioner has
ascertained —
(a) the
value of only some of the land assets or chattels to which section 186(1)
applies; or
(b) only
a portion of the value of particular land assets or chattels to which
section 186(1) applies.
[Section 195A inserted: No. 10 of 2013 s. 6;
amended: No. 12 of 2019 s. 89.]
[Heading inserted: No. 12 of 2019 s. 90.]