Document ID: chunk:federal_register_of_legislation:C2017A00027:clause:1_44:p1
Version: federal_register_of_legislation:C2017A00027
Segment Type: clause
Provision Reference: sch 1 cl 44 (pt 1/4)
Character Range: 28131–30848

44  At the end of Chapter 3 in Schedule 1
Add:

Part 3‑30—Diverted profits tax

Division 145—Assessments of diverted profits tax

Guide to Division 145

145‑1  What this Division is about
      The Commissioner can make an assessment of diverted profits tax. The entity that is the subject of the assessment can appeal to the Federal Court against the Commissioner's decision to make the assessment. Such an appeal can be made generally no earlier than 12 months after the day on which the Commissioner first gives notice of the assessment to the entity.

Table of sections
145‑5 DPT assessments—modified application of Division 155
145‑10 When DPT assessments can be made
145‑15 Period of review of DPT assessments
145‑20 Review of assessments
145‑25 Restricted DPT evidence

145‑5  DPT assessments—modified application of Division 155
  In applying Division 155 in relation to an amount of *diverted profits tax:
 (a) apply the provisions of that Division with the modifications set out in sections 145‑10 to 145‑25; and
 (b) disregard sections 155‑15, 155‑20, 155‑25, 155‑30, 155‑40, 155‑45, 155‑50, 155‑55 and 155‑70.

145‑10  When DPT assessments can be made
  Despite subsection 155‑5(1), the Commissioner can make an assessment (the DPT assessment) of the amount of *diverted profits tax only at a time in the period:
 (a) starting on the day on which the Commissioner first gives the entity that is the subject of the assessment a notice of assessment under Part IV of the Income Tax Assessment Act 1936 for the income year mentioned in paragraph 177J(1)(a) of the Income Tax Assessment Act 1936 (as that paragraph applies in relation to the amount of diverted profits tax); and
 (b) ending on the last day of the period of 7 years starting the day after that day.

145‑15  Period of review of DPT assessments
 (1) Despite subsection 155‑35(2), the period of review, for the *DPT assessment, is:
 (a) the period:
 (i) starting on the day on which the Commissioner first gives notice of the assessment to the entity that is the subject of the assessment under section 155‑10; and
 (ii) ending on the last day of the period of 12 months starting the day after that day; or
 (b) if:
 (i) the entity, by written notice given to the Commissioner, specifies a shorter period in accordance with subsection (2); and
 (ii) the Federal Court of Australia has not made an order under subsection (3) in respect of the written notice;
  that shorter period; or
 (c) if the period of review is extended under subsection 155‑35(3) or (4)—the period as so extended.
 (2) For the purposes of subparagraph (1)(b)(i), the shorter period must:
 (a) start on the day mentioned in subparagraph (1)(a)(i); and
 (b) end on a day that