142ABNew due date for new and increased assessments

1. This section applies, subject to the particular commencement dates for different tax types described in subsection (5), when the Commissioner makes either of the following assessments for a taxpayer, other than an assessment (a default assessment) made in the absence of a return and to which section 106(1) applies:

2. an assessment (the new assessment) of tax for the taxpayer, if they have not been assessed earlier for the tax:
3. an amended assessment (the increased assessment)—
   1. of an amount of tax that is more than the amount for which the taxpayer is liable immediately before the increased assessment; and
   2. made less than 30 days before, or on or after, the due date for the tax for which the taxpayer is liable immediately before the increased assessment; and
   3. that is not an increased assessment to a default assessment.

4. The Commissioner must—

5. fix a date that is 30 or more days after the date of the notice of the assessment for the payment of—
   1. the tax under a new assessment:
   2. the increase of tax under an increased assessment; and
6. notify the taxpayer of the date in the notice of assessment.

7. Subsection (2) does not apply—

8. to an amount of provisional tax that remains unpaid on an instalment date; or
9. when the Commissioner has notified the taxpayer before the due date for the payment of the tax that subsection (2) will not apply to the tax as calculated by the taxpayer or to an amount of tax estimated by the taxpayer; or
10. when the Commissioner considers that setting a new due date may prejudice the Commissioner’s ability to recover the tax or increased tax.

11. In this section, tax does not include a civil penalty.

12. This section comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different tax types and for different purposes. To the extent to which it is not previously brought into force, this section comes into force on 1 April 2023.

13. For a tax type in relation to which an order is made under subsection (5), this section applies to a new assessment for the tax type or an increased assessment for the tax type and section 142A does not apply for that tax type.

14. An order under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).