20FPerson must disclose tax contextual information from tax advice document

1. An information holder who is required to disclose information relating to a person must disclose under subsection (2) a description of tax contextual information from a document that the person claims, under section 20D, to be a tax advice document for the person.

2. A disclosure under subsection (1) of a description of tax contextual information from a document must be made—

3. if the requirement to disclose information is under section 17 or under section 17 and 17C, by the date that is determined by the Commissioner:
4. if the requirement to disclose information is under section 17B or 17GB and the requirement is accompanied or followed by a requirement for disclosure of a description of tax contextual information, by the date that is the later of—
   1. the date that is given by the Commissioner in the requirement for disclosure of the description:
   2. the date that is 28 days after the date of the requirement by the Commissioner for disclosure of the description:
5. if the requirement to disclose information is under section 17H, 17J, or 17K, by the date on which the court requires the production of information:
6. if the requirement to disclose information is under section 17I, by the date on which the Commissioner requires the production of information:
7. if the requirement to disclose information is under a discovery obligation, by the date by which the discovery obligation requires the disclosure of information.

8. Tax contextual information for a tax advice document for a person is—

9. a fact or assumption relating to a transaction that has occurred or is postulated by the person creating the tax advice document:
10. a description of a step involved in the performance of a transaction that has occurred or is postulated by the person creating the tax advice document:
11. advice that does not concern the operation and effect on the person of tax laws:
12. advice that concerns the operation and effect on the person of tax laws relating to the collection by the Commissioner of debts payable to the Commissioner:
13. a fact or assumption relating to advice that is referred to in paragraph (c) or (d):
14. a fact or assumption from, or relating to the preparation of,—
    1. financial statements of the person:
    2. a document containing information that the person is required to provide to the Commissioner under an Inland Revenue Act.

15. A disclosure by a person or tax advisor of tax contextual information from a tax advice document for the person must be in a statutory declaration that—

16. is made by a tax advisor who has not been barred under subsection (5) from making statutory declarations under this subsection; and
17. states that the tax advisor is authorised to act on behalf of the person for the purposes of sections 20C to 20G; and
18. is in the prescribed form.

19. The Commissioner may apply to a District Court Judge, or to a court or Taxation Review Authority in relation to a tax advisor making a statutory declaration considered in proceedings before the court or Authority, that a tax advisor be barred from making statutory declarations under this section, if the tax advisor is convicted of an offence under—

20. section 111 of the Crimes Act 1961:
21. section 143(1)(b):
22. section 143A(1)(b) or (c):
23. section 143B(1)(b) or (c):
24. section 143H.

25. An application under subsection (5) may be made in the course of proceedings before a court or Taxation Review Authority.