Document ID: chunk:federal_register_of_legislation:C2010C00604:clause:29_177ea:p2
Version: federal_register_of_legislation:C2010C00604
Segment Type: clause
Provision Reference: sch 29 cl 177EA (pt 2/6)
Character Range: 442076–444883

respect of each distribution made to the relevant taxpayer or that flows indirectly to the relevant taxpayer;
 (b) a determination that no imputation benefit is to arise in respect of a distribution or a specified part of a distribution that is made, or that flows indirectly, to the relevant taxpayer.
A determination does not form part of an assessment.

Notice of determination

 (6) If the Commissioner makes a determination under subsection (5), the Commissioner must:
 (a) in respect of a determination made under paragraph (5)(a)—serve notice in writing of the determination on the corporate tax entity; or
 (b) in respect of a determination made under paragraph (5)(b)—serve notice in writing of the determination on the relevant taxpayer.
The notice may be included in a notice of assessment.

Publication in national newspaper of determination in relation to listed public company denying imputation benefit

 (7) If the Commissioner makes a determination under paragraph (5)(b), in respect of a distribution made by a listed public company, the Commissioner is taken to have served notice in writing of the determination on the relevant taxpayer if the Commissioner causes the notice to be published in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory. The notice is taken to have been served on the day on which the publication takes place.

Evidence of determination

 (8) The production of:
 (a) a notice of a determination; or
 (b) a document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of a determination;
is conclusive evidence:
 (c) of the due making of the determination; and
 (d) except in proceedings under Part IVC of the Taxation Administration Act 1953 on an appeal or review relating to the determination, that the determination is correct.

Objections

 (9) If a taxpayer to whom a determination relates is dissatisfied with the determination, the taxpayer may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.

Effect of determination of franking debit or exempting debit

 (10) If the Commissioner makes a determination under paragraph (5)(a):
 (a) on the day on which notice in writing of the determination is served on the entity, a franking debit or exempting debit of the corporate tax entity arises in respect of the distribution; and
 (b) the amount of the franking debit or exempting debit is such amount as is stated in the Commissioner's determination, being an amount that:
 (i) the Commissioner considers reasonable in the circumstances; and
 (ii) does not exceed the amount of the franking debit or exempting debit of the entity arising under item 1 of the table in section 205‑30 of the Income