Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_8:p2
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/6)
Character Range: 21865–24580

(a) a *tax‑related liability of the entity for an accounting period is, or could reasonably be expected to be, less than it would be apart from the scheme or a part of the scheme; or
 (b) an amount that the Commissioner must pay or credit to the entity under a *taxation law for an accounting period is, or could reasonably be expected to be, more than it would be apart from the scheme or a part of the scheme.

 (2) The amount of the *scheme benefit that you would, apart from the adjustment provision, have got from the *scheme is called your scheme shortfall amount.

Note: Section 284‑215 may reduce or eliminate your scheme shortfall amount.

284‑155  Amount of penalty

 (1) Work out the *base penalty amount under section 284‑160. If the base penalty amount is not increased under section 284‑220 or reduced under section 284‑225, this is the amount of the penalty.

 (2) Otherwise, use this formula:
where:

BPA is the *base penalty amount.

increase % is the percentage increase (if any) under section 284‑220.

reduction % is the percentage reduction (if any) under section 284‑225.

284‑160  Base penalty amount: schemes

  The base penalty amount for a *scheme is:
 (a) for a scheme to which subsection 284‑145(1) applies:
 (i) 50% of your *scheme shortfall amount; or
 (ii) 25% of your scheme shortfall amount if it is *reasonably arguable that the adjustment provision does not apply; or
 (b) for a scheme to which subsection 284‑145(2) applies:
 (i) 25% of your *scheme shortfall amount; or
 (ii) 10% of your scheme shortfall amount if it is *reasonably arguable that the adjustment provision does not apply.

Note: Section 284‑215 may reduce or eliminate your scheme shortfall amount.

Subdivision 284‑D—Provisions common to Subdivisions 284‑B and 284‑C

Table of sections

284‑215 Exceptions
284‑220 Increase in base penalty amount
284‑225 Reduction of base penalty amount

284‑215  Exceptions

 (1) If, apart from this section, you would have a *shortfall amount or a *scheme shortfall amount for an accounting period and:
 (a) your shortfall amount or scheme shortfall amount, or part of it, was caused by you or your agent treating a *taxation law as applying in a particular way; and
 (b) that way agrees with:
 (i) advice given to you or your agent by or on behalf of the Commissioner; or
 (ii) general administrative practice under that law; or
 (iii) a statement in a publication approved in writing by the Commissioner;
your shortfall amount or scheme shortfall 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