Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p21
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 21/29)
Character Range: 60185–63160

an *excess contributions tax assessment or a notice of an excess contributions tax assessment, as required.

Subdivision 292‑F—Amending excess contributions tax assessments

Guide to Subdivision 292‑F

292‑300  What this Subdivision is about

      The Commissioner may amend excess contributions tax assessments within certain time limits.

Table of sections

Operative provisions

292‑305 Amendments within 4 years of the original assessment
292‑310 Amended assessments are treated as excess contributions tax assessments
292‑315 Later amendments—on request
292‑320 Later amendments—fraud or evasion
292‑325 Further amendment of an amended particular
292‑330 Amendment on review etc.

Operative provisions

292‑305  Amendments within 4 years of the original assessment

 (1) The Commissioner may amend an *excess contributions tax assessment for a person for a *financial year at any time during the period of 4 years after the *original excess contributions tax assessment day for the person for that year.

 (2) The original excess contributions tax assessment day for a person for a *financial year is the day on which the Commissioner gives the first *excess contributions tax assessment to the person for the financial year.

292‑310  Amended assessments are treated as excess contributions tax assessments

 (1) Once an amended *excess contributions tax assessment for a person for a *financial year is made, it is taken to be an excess contributions tax assessment for the person for the year.

 (2) If the Commissioner amends a person's *excess contributions tax assessment, the Commissioner must give the person notice in writing of the amendment as soon as practicable after making the amendment.

 (3) The notice may be included in a notice of any other assessment under this Act.

292‑315  Later amendments—on request

  The Commissioner may amend an *excess contributions tax assessment for a person for a *financial year after the end of the period of 4 years after the *original excess contributions tax assessment day for the person for the year if, within that 4 year period:
 (a) the person applies for the amendment in the *approved form; and
 (b) the person gives the Commissioner all the information necessary for making the amendment.

292‑320  Later amendments—fraud or evasion

 (1) If:
 (a) a person (or a *superannuation provider covered under subsection (2)) does not make a full and true disclosure to the Commissioner of the information necessary for an *excess contributions tax assessment for the person for a *financial year; and
 (b) in making the assessment, the Commissioner makes an under‑assessment; and
 (c) the Commissioner is of the opinion that the under‑assessment is due to fraud or evasion;
the Commissioner may amend the assessment at any time.

 (2) A *superannuation provider is covered under this subsection if any of the following conditions are satisfied:
 (a) contributions have been made to a *superannuation plan