Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_8:p3
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 3/6)
Character Range: 24357–26915

amount is reduced to the extent that it was caused by that treatment.

 (2) For the purposes of determining whether you are liable to an administrative penalty, you do not have a *shortfall amount as a result of a statement that is false or misleading in a material particular to the extent that you and your agent (if any) took reasonable care in making the statement.

 (3) You do not have a *shortfall amount as a result of a statement referred to in subsection 284‑75(4) to the extent that an order of a court or a decision of the *AAT supports the way you treated the *taxation law as applying.

Note: Subsection 284‑75(4) deals with statements contrary to private rulings.

284‑220  Increase in base penalty amount

 (1) The *base penalty amount for your *shortfall amount, or for part of it, for an accounting period is increased by 20% if:
 (a) you took steps to prevent or obstruct the Commissioner from finding out about the shortfall amount; or
 (b) you became aware of the shortfall amount or part after a statement had been made to the Commissioner about the relevant *tax‑related liability and you did not tell the Commissioner about it within a reasonable time; or
 (c) the base penalty amount was worked out using item 1, 2 or 3 of the table in subsection 284‑90(1) and a base penalty amount for you was worked out under one of those items for a previous accounting period; or
 (d) the base penalty amount was worked out using item 4, 5, 6 or 8 of that table and a base penalty amount for you was worked out under that item for a previous accounting period; or
 (e) your liability to a penalty arises under subsection 284‑75(3) and you were liable to a penalty under that subsection for a previous accounting period.

 (2) The *base penalty amount for your *scheme shortfall amount, or for part of it, for an accounting period is increased by 20% if:
 (a) you took steps to prevent or obstruct the Commissioner from finding out about the scheme shortfall amount or the part; or
 (b) a base penalty amount for you was worked out under section 284‑160 for a previous accounting period.

284‑225  Reduction of base penalty amount

 (1) The *base penalty amount for your *shortfall amount or *scheme shortfall amount, or for part of it, for an accounting period is reduced by 20% if:
 (a) the Commissioner tells you that a *tax audit is to be conducted of your financial affairs for that period or a period that includes that period; and
 (b) after that time, you voluntarily tell the Commissioner, in the *approved form, about the shortfall or