Document ID: chunk:federal_register_of_legislation:C2016C00974:clause:1_2:p4
Version: federal_register_of_legislation:C2016C00974
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 4/5)
Character Range: 20732–23553

opinion there has been fraud or evasion.

Special rules about amending amended assessments

155‑65  Amending amended assessments
  The Commissioner cannot amend an amended assessment of an *assessable amount under section 155‑35 if the *period of review for the assessment has ended.
Note: The Commissioner can amend amended assessments at any time under sections 155‑45 to 155‑60.

155‑70  Refreshed period of review
 (1) This section applies if the Commissioner has made one or more amendments of an assessment of an *assessable amount of yours under section 155‑35 about a particular.
 (2) Despite section 155‑65, the Commissioner may amend (the later amendment) the amended assessment after the end of the *period of review for the assessment, if:
 (a) the Commissioner makes the later amendment before the end of the period of 4 years starting on the day after the day on which the Commissioner gave notice of the last of the amendments mentioned in subsection (1) to you under section 155‑10; and
 (b) the later amendment is about the particular mentioned in subsection (1) of this section; and
 (c) the Commissioner has not previously amended the assessment under this section about that particular.

General rules

155‑75  Refunds of amounts overpaid
 (1) This section applies if:
 (a) an assessment of an *assessable amount of yours is amended; and
 (b) as a result of the amendment, a *tax‑related liability (the earlier liability) of yours is reduced.
 (2) For the purposes of any *taxation law that applies the *general interest charge, the amount by which the *tax‑related liability is reduced is taken never to have been payable.
Note 1: The general interest charge is worked out under Part IIA of this Act.
Note 2: Subsection 8AAB(4) of this Act lists the provisions that apply the charge.
 (3) The Commissioner must apply the amount of any *tax‑related liability overpaid in accordance with Divisions 3 and 3A of Part IIB of this Act (about running balance accounts and the application of payments and credits).
 (4) However, if:
 (a) a later amendment of an assessment of an *assessable amount is made; and
 (b) all or some of your earlier liability in relation to a particular is reinstated;
this section is taken not to have applied to the extent that the earlier liability is reinstated.

155‑80  Amended assessments are assessments
  An amended assessment of an *assessable amount is an assessment for all purposes of any *taxation law.
Note: The Commissioner must give notice of the amended assessment under section 155‑10. Under section 155‑40, an application for an amendment is treated as being a notice of the amendment in certain circumstances.

Subdivision 155‑C—Validity and review of assessments

Table of sections
155‑85 Validity of assessment
155‑90 Review of assessments

155‑85  Validity