226BBusiness group amnesties

1. The Commissioner may declare an amnesty (a business group amnesty) under this section in relation to a group of persons, each of whom carries on a type of activity as the person's main business (the affected business), if the Commissioner considers that declaring the amnesty is consistent with—

2. protection of the integrity of the tax system; and
3. collection over time of the highest net revenue that is practicable within the law.

4. The Commissioner, when declaring a business group amnesty, must announce the days that begin and end the period for which the business group amnesty is available.

5. The Commissioner may change a day that begins or ends the period for which a business group amnesty is available by an announcement made on or before the day.

6. A person is eligible to benefit from a business group amnesty if the person—

7. is carrying on the affected business when the amnesty becomes available; and
8. has carried on the affected business throughout the period of 3 income years ending before the income year in which the amnesty becomes available; and
9. has not previously benefited from a business group amnesty; and
10. has not been notified of a pending tax audit or investigation before the amnesty becomes available.

11. During the period for which a business group amnesty is available, a person may give a notice to the Commissioner in a form prescribed by the Commissioner—

12. stating that the person wishes to benefit from the amnesty; and
13. stating that the person is carrying on the affected business; and
14. stating the period for which, and the place at which, the person has carried on the affected business as a business; and
15. providing a statement of assets and liabilities for the income year ending before the income year in which the business group amnesty becomes available; and
16. giving details of actions and omissions relating to the business that the person considers might give rise to an assessment, amended assessment, or prosecution if the person did not benefit from the amnesty; and
17. providing any other information required by the Commissioner.

18. A person who is eligible under subsection (4) and gives a notice under subsection (5) is a person (an affected person) who benefits from the amnesty.

19. The Commissioner may, as if the business group amnesty were not declared,—

20. investigate the financial affairs of an affected person for the period of—
    1. the income year ending before the income year in which the Commissioner declares the amnesty; and
    2. the income year in which the Commissioner declares the amnesty; and
21. make an assessment or amended assessment of the affected person for the income years referred to in paragraph (a).

22. After an affected person gives a notice under subsection (5), the Commissioner must not, in relation to income years before the income years referred to in subsection (7)(a),—

23. begin an investigation of the income and deductions of the affected person relating to the affected business:
24. make an assessment or amended assessment of the affected person based on figures for income and deductions relating to the affected business that differ from the figures for income and deductions relating to the affected business included by the affected person in a return of income provided before the date of the notice under subsection (5), except if subsection (10) applies.

25. After an affected person gives a notice under subsection (5), the Commissioner must not begin under this or another Act a prosecution of the affected person for an action or omission before or in giving the notice if—

26. the affected person provides information relating to the action or omission to the Commissioner; and
27. subsection (10) does not apply.

28. The Commissioner may make an assessment, make an amended assessment, or bring a prosecution, that would otherwise be contrary to subsection (8) or (9), if the assessment or prosecution arises from an investigation of which the person is given notice, and that the Commissioner begins, before the affected person gives the notice under subsection (5).

29. The Commissioner must notify the Minister by providing a report on the results of a business group amnesty in a report accompanying a report under section 141L.

30. The Minister must lay a copy of the report before the House of Representatives at the same time as the report under section 141L.