Document ID: chunk:federal_register_of_legislation:C2025C00014:section:170b
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 170B
Character Range: 1564555–1566836

170B  Protection for anticipation of certain discontinued announcements

Limit on amending assessments
 (1) The Commissioner cannot amend an assessment of a taxpayer about a particular in a way that would produce a less favourable result for the taxpayer if:
 (a) the taxpayer has anticipated amendments (see subsection (3)); and
 (b) in making the assessment, the particular was ascertained on the basis of the taxpayer's anticipated amendments having been made; and
 (c) that way of amending the assessment would instead ascertain the particular on the basis of the anticipated amendments not having been made.

Anticipation not to give rise to administrative overpayment
 (2) If ascertaining that particular on the basis of the taxpayer's anticipated amendments not having been made:
 (a) would not result in an amendment of the assessment; but
 (b) would, apart from this subsection, result in an amount the Commissioner paid to the taxpayer on the basis of the assessment being an administrative overpayment (within the meaning of section 8AAZN of the Taxation Administration Act 1953);
the amount of the administrative overpayment is taken, for the purposes of the taxation law, to be an amount to which the taxpayer is entitled.

Meaning of anticipated amendments
 (3) One or more hypothetical amendments of the taxation law, taken together, are anticipated amendments a taxpayer has if:
 (a) the amendments, if made, would reasonably reflect an announcement mentioned in the table in subsection (8); and
 (b) a statement made by or on behalf of the taxpayer:
 (i) is consistent with the amendments having been made; and
 (ii) is made in good faith; and
 (iii) meets the timing requirement in column 2 of an applicable item of the following table.

Timing requirements for statements
Item                                Column 1                                                                                                                                                                                       Column 2
                                    In this case:                                                                                                                                                                                  The timing requirement is: