Tax Administration Act 1994

Remission, relief, and refunds

183AA: Remission for GST transitional taxable periods

You could also call this:

"No penalty for GST mistakes made during tax rate change"

Illustration for Tax Administration Act 1994

You have a GST transitional taxable period if you have a taxable period that includes 1 October 2010. The Commissioner must remit your penalty or interest if it is because of the change in the goods and services tax rate on 1 October 2010. This means the Commissioner will not charge you the penalty or interest. You can also have a GST transitional taxable period if you have a taxable period that includes 1 October 2010 and a later period that ends on or before 31 December 2010. The Commissioner will remit your penalty or interest for these periods if it is because of the tax rate change. This rule does not apply if you are liable for a shortfall penalty. A GST transitional taxable period can also be a period where you need to make a return with an adjustment because of the tax rate change, as stated in section 78B of the Goods and Services Tax Act 1985. The Commissioner will look at your situation and decide if you should get a remission. You can get a remission for a late filing penalty imposed under section 139AAA, a late payment penalty imposed under section 139B, or interest payable under Part 7.

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"When you don't have to pay tax on money from overseas investments"


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183A: Remission for reasonable cause, or

"No penalty if you have a good reason for being late"

Part 11Remission, relief, and refunds

183AARemission for GST transitional taxable periods

  1. This section applies to—

  2. a late filing penalty imposed under section 139AAA in respect of a GST return required to be furnished for a GST transitional taxable period:
    1. a late payment penalty imposed under section 139B in respect of unpaid tax for a GST transitional taxable period:
      1. interest payable under Part 7 in respect of unpaid tax for a GST transitional taxable period.
        1. The Commissioner must remit a taxpayer's penalty or interest to the extent to which, objectively, the penalty or interest are imposed because of the taxpayer's acts or omissions in respect of the change in the rate of goods and services tax on 1 October 2010.

        2. Subsection (2) does not apply if the taxpayer is liable for a shortfall penalty in respect of a GST transitional taxable period, if the liability is attributable wholly or in part to the taxpayer's acts or omissions in respect of the change in the rate of goods and services tax on 1 October 2010.

        3. In this section, GST transitional taxable period means, for a taxpayer,—

        4. a taxable period, as defined in the Goods and Services Tax Act 1985 (a GST taxable period), that includes 1 October 2010:
          1. a GST taxable period that includes 1 October 2010 and a later GST taxable period, if that later GST taxable period ends on or before 31 December 2010:
            1. a GST taxable period for which the taxpayer is required to make a return that includes an adjustment under section 78B of the Goods and Services Tax Act 1985 because of the change in the rate of goods and services tax on 1 October 2010.
              Notes
              • Section 183AA: inserted, on , by section 56 of the Taxation (Budget Measures) Act 2010 (2010 No 27).
              • Section 183AA(4)(b): further amended (with effect on 1 October 2010), on , by section 148(2) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34).
              • Section 183AA(4)(b): amended (with effect on 7 September 2010), on , by section 148(1) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34).
              • Section 183AA(4)(c): replaced (with effect on 1 October 2010), on , by section 148(2) of the Taxation (International Investment and Remedial Matters) Act 2012 (2012 No 34).