(1) The Commissioner
may make an assessment (an interim assessment ) of a portion of the duty
payable on a dutiable transaction if —
(a) the
Commissioner is satisfied that duty is payable on the transaction; and
(b) one
of the following applies —
(i)
more than 6 months have elapsed since the day on which a
transaction record was lodged under section 23;
(ii)
more than 6 months have elapsed since the day on which a
transaction record ought to have been lodged under section 23;
(iii)
the Commissioner is satisfied that it will not be
possible to obtain the information necessary to determine the dutiable value
of the transaction within the 6 months referred to in subparagraph (ii);
and
(c) the
Commissioner is satisfied that a portion of the dutiable value of the
transaction can be determined.
(2) For the purposes
of subsection (1)(b)(ii), the day on which a transaction record ought to have
been lodged is the last day of the 2-month period referred to in
section 23(1).
(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 dutiable transaction;
(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 dutiable
transaction;
(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 dutiable value of the dutiable transaction were the full
dutiable value of the transaction.
(5) Section 37 may
apply, when relevant, for the purposes of this section, and when so applying,
the reference in section 37(6)(a) to the dutiable value for a transaction
includes a reference to a portion of the dutiable value for a transaction.
[Section 44A inserted: No. 10 of 2013 s. 5.]