Document ID: chunk:federal_register_of_legislation:C2011C00698:clause:3_8:p2
Version: federal_register_of_legislation:C2011C00698
Segment Type: clause
Provision Reference: sch 3 cl 8 (pt 2/2)
Character Range: 45520–46538

year.

 (2) The Commissioner cannot amend the previous assessment on the basis that:
 (a) if subparagraph (1)(e)(i) applies—the CGT asset should not have been treated as a revenue asset; or
 (b) if subparagraph (1)(e)(ii) applies—the CGT asset should have been treated as a revenue asset.

 (3) Subsection (2) applies despite any other provision of this Act (apart from subsection (4) of this section), the Income Tax Assessment Act 1997 and the Income Tax Assessment Act 1936.

 (4) Subsection (2) does not apply in any of these cases:
 (a) if the entity for which the assessment was made gives the Commissioner a written consent to the amendment;
 (b) if the Commissioner may amend the assessment in accordance with item 5 (fraud or evasion) or 6 (review or appeal) of the table in subsection 170(1) of the Income Tax Assessment Act 1936;
 (c) if the amendment is made for the purpose of giving effect to a provision specified in the regulations for the purposes of this paragraph.

Taxation Administration Act 1953