Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p12
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 12/17)
Character Range: 1281311–1284269

remit all or a part of an amount of *shortfall interest charge you are liable to pay if the Commissioner considers it fair and reasonable to do so.
 (2) Without limiting subsection (1), in deciding whether to remit, the Commissioner must have regard to:
 (a) the principle that remission should not occur just because the benefit you received from the temporary use of the shortfall amount is less than the *shortfall interest charge; and
 (b) the principle that remission should occur where the circumstances justify the Commonwealth bearing part or all of the cost of delayed payments.

280‑165  Commissioner must give reasons for not remitting in certain cases
  The Commissioner must give you a written statement of the reasons for a decision not to remit an amount of *shortfall interest charge you are liable to pay if you requested the Commissioner, in the *approved form, to remit the amount.
Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

280‑170  Objecting against remission decision
  You may object, in the manner set out in Part IVC, against a decision of the Commissioner not to remit an amount of *shortfall interest charge you are liable to pay on an additional amount of income tax, *petroleum resource rent tax, *excess non‑concessional contributions tax or *Division 293 tax, if the amount of the charge that was not remitted is more than 20% of the additional amount.

Division 284—Administrative penalties for statements, unarguable positions and schemes

Table of Subdivisions
 Guide to Division 284
284‑A General provisions
284‑B Penalties relating to statements
284‑C Penalties relating to schemes
284‑D Provisions common to Subdivisions 284‑B and 284‑C
284‑E Special rules about unarguable positions for cross‑border transfer pricing

Guide to Division 284

284‑5  What this Division is about
      This Division sets out the circumstances in which administrative penalties apply for:

                (a) making false or misleading statements; and
                (b) taking a position that is not reasonably arguable; and
                (c) entering into schemes.
      It also sets out the amounts of those penalties.

Subdivision 284‑A—General provisions

Table of sections
284‑10 Object of Division
284‑15 When a matter is reasonably arguable
284‑20 Which statements this Division applies to
284‑25 Statements by agents
284‑27 GloBE Information Returns, Australian IIR/UTPR tax returns and Australian DMT tax returns lodged on your behalf
284‑30 Application of Division to trusts
284‑35 Application of Division to partnerships

284‑10  Object of Division
  The object of this Division is to provide a uniform administrative penalty regime for all *taxation laws to enable administrative penalties to apply to entities that fail to meet their obligations under those laws in relation to:
 (a) making false or misleading statements; and
 (b) taking a position