Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_2:p3
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/4)
Character Range: 9828–12404

documents you were required to provide; or
                (d) you do not follow a private ruling about a tax‑related matter.
      This Subdivision sets out when the penalties apply and how the amounts of the penalties are calculated.

Table of sections

Operative provisions

284‑75 Liability to penalty
284‑80 Shortfall amounts
284‑85 Amount of penalty
284‑90 Base penalty amount

[This is the end of the Guide.]

Operative provisions

284‑75  Liability to penalty

 (1) You are liable to an administrative penalty if:
 (a) you or your agent makes a statement to the Commissioner or to an entity that is exercising powers or performing functions under a *taxation law; and
 (b) the statement is false or misleading in a material particular, whether because of things in it or omitted from it; and
 (c) you have a *shortfall amount as a result of the statement.

 (2) You are liable to an administrative penalty if:
 (a) you or your agent makes a statement to the Commissioner or to an entity that is exercising powers or performing functions under an *income tax law; and
 (b) in the statement, you or your agent treated an *income tax law as applying to a matter or identical matters in a particular way that was not *reasonably arguable; and
 (c) you have a *shortfall amount as a result of the statement; and
 (d) item 4, 5 or 6 of the table in subsection 284‑90(1) applies to you.

 (3) You are liable to an administrative penalty if:
 (a) you fail to give a return, notice or other document to the Commissioner by the day it is required to be given; and
 (b) that document is necessary for the Commissioner to determine a *tax‑related liability of yours accurately; and
 (c) the Commissioner determines the tax‑related liability without the assistance of that document.

Note: You are also liable to an administrative penalty for failing to give the document on time: see Subdivision 286‑C.

 (4) You are liable to an administrative penalty if:
 (a) a *private ruling has been made about the way in which a *taxation law applies to you; and
 (b) after the ruling was made, you make a statement to the Commissioner treating that law as applying to you in a different way; and
 (c) you have a *shortfall amount as a result of the statement.

284‑80  Shortfall amounts

  You have a shortfall amount if an item in this table applies to you. That amount is the amount by which the relevant liability, or the payment or credit, is less than or more than it would otherwise have been.

Shortfall amounts
Item               You have a shortfall amount in this situation: