Private ruling: Document lodgment
Published: October 2014
Ruling period: Year ended 30 June 2009 | Year ended 30 June 2010 | Year ended 30 June 2011 | Year ended 30 June 2012 | Year ended 30 June 2013 | Year ended 30 June 2014
Date scheme commenced: 1 July 2007

Ruling: Q1: Is the director of a deregistered trustee company authorised to sign tax documents? | A1: No. | Q2: Can a person sign tax documents of a deregistered company? | A2: No.

Relevant facts and circumstances: The trustee company was involuntarily deregistered by the Australian Securities and Investments Commission (ASIC).

Relevant legislative provisions: Income Tax Assessment Act 1936 section 161 | The Corporations Act 2001 section 601AA | The Corporations Act 2001 section 601AB | The Corporations Act 2001 section 601AD

Reasons for decision: Summary: Section 601AD of the Corporations Act 2001 determines that when a company is deregistered it ceases to exist. Subsection 161(1) Income Tax Assessment Act 1936 states that every person must, if required by the Commissioner by notice in the Gazette , lodge a return. The notice in the Gazette takes the form of a Legislative Instrument and within this instrument the Commissioner details every type of persons required to lodge a return. A deregistered company is not one of those listed in the Legislative Instrument and therefore is not required to lodge. Furthermore as the company does not exist it cannot lodge tax documents.