Document ID: chunk:federal_register_of_legislation:C2025C00014:section:3:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 3 (pt 1/2)
Character Range: 1567980–1571219

3                                   All of the following apply:                                                                                                                                                                    The statement relates to the application of the taxation law (as hypothetically amended by the amendments) to events or circumstances:
                                    (a) the statement is made in a return of the taxpayer lodged after 14 December 2013;                                                                                                           (a) that happened or existed on or before 14 December 2013; or
                                    (b) the return was not required to be lodged on or before that date;                                                                                                                           (b) to the happening or existence of which the taxpayer had definitively committed on or before 14 December 2013.
                                    (c) just before the statement is made, no return has been given, and no assessment has been made, in relation to the taxpayer in respect of the year of income to which the statement relates

 (4) In determining, for the purpose of paragraph (3)(a), whether amendments would reasonably reflect an announcement, have regard to the following:
 (a) the terms of the announcement;
 (b) any related document published after the announcement on behalf of the Commonwealth Government, the Department of the Treasury or the Commissioner;
 (c) if the announcement proposes to apply to a particular kind of scheme or practice—that kind of scheme or practice;
 (d) existing provisions of the taxation law, if:
 (i) the announcement proposes to effect a particular result in relation to the operation of the taxation law; and
 (ii) those existing provisions effect that result, or a substantially similar result, in relation to another matter;
 (e) any other relevant matter.

Operation of section
 (5) Subsections (1) and (2) apply despite any other provision of the taxation law, apart from subsections (6) and (7), (which are about exceptions).

Exceptions
 (6) Subsection (1) does not prevent an amendment if:
 (a) the taxpayer applies for the amendment; or
 (b) the Commissioner may make the amendment in accordance with item 6 (objection, review or appeal) of the table in subsection 170(1).
 (7) Subsections (1) and (2) do not apply in relation to a particular ascertained on the basis of a taxpayer's anticipated amendments, in any year of income, if:
 (a) the taxpayer makes a statement (in a return of income or otherwise) for a later year of income that is not consistent with the taxpayer's anticipated amendments; and
 (b) if the assessment for the later year of income was to be made on the basis of the taxpayer's anticipated amendments, instead of on the basis of the statement, the result would be less favourable to the taxpayer in that year of income.
Note: An amendment of an assessment can be made at any time to give effect to this subsection (see item 27A of the table in subsection 170(10)).

Table of discontinued announcements
 (8) The following table lists the announcements to which this section