Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_2:p2
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/4)
Character Range: 7368–10095

Statements by agents

  This Division applies to a statement made in an *approved form by your agent as if it had been made by you.

284‑30  Application of Division to trusts

  If you are a trustee of a trust and:
 (a) you make a statement to the Commissioner or to an officer who is exercising powers or performing functions under a *taxation law about the trust; and
 (b) the statement:
 (i) is false or misleading in a material particular, whether because of things in it or omitted from it; or
 (ii) treated an *income tax law as applying to a matter or identical matters in a particular way that was not *reasonably arguable; or
 (iii) treated a taxation law as applying in a particular way to a *scheme;
this Division applies to you as if any *shortfall amount or *scheme shortfall amount of a beneficiary of the trust as a result of the statement were your shortfall amount or scheme shortfall amount.

284‑35  Application of Division to partnerships

 (1) If you are a partner in a partnership and:
 (a) a statement about the partnership net income or partnership loss is made by a partner or the partnership's agent to the Commissioner or to an entity who is exercising powers or performing functions under a *taxation law about the partnership; and
 (b) the statement:
 (i) is false or misleading in a material particular, whether because of things in it or omitted from it; or
 (ii) treated an *income tax law as applying to a matter or identical matters in a particular way that was not *reasonably arguable;
this Division applies to you as if you had made the statement.

 (2) If you are a partner in a partnership and:
 (a) the partnership participated in a *scheme; and
 (b) the partnership net income would have been greater, or the partnership loss would have been smaller, apart from the scheme;
this Division applies to you as if the proportion of the *scheme benefit that is the same as your share of the partnership net income or partnership loss were your scheme benefit.

Subdivision 284‑B—Penalties relating to statements

Guide to Subdivision 284‑B

284‑70  What this Subdivision is about

      You are liable to an administrative penalty if:

                (a) you make a false or misleading statement about a tax‑related matter; or
                (b) you take a position that is not reasonably arguable about a tax‑related matter; or
                (c) the Commissioner determines a tax‑related liability of yours without 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