Payment by trustee before 1 July 2011—limit on amendment of assessment
276-755 Payment by trustee before 1 July 2011—limit on amendment of assessment
This section applies if:
a trust becomes an AMIT for an income year; and
the trustee of the trust made a payment to an entity at a time before 1 July 2011.
The Commissioner cannot amend the entity’s assessment for the income year in which the payment was made in a particular way if:
the effect of the amendment would be to increase the entity’s assessable income for that income year; and
the Commissioner could not amend the assessment in that way if the following provisions were in operation at the time the payment was made:
sections 104‑107F, 104‑107G and 104‑107H of the Income Tax Assessment Act 1997;
any other provision of that Act, to the extent that it relates to the operation of the provisions mentioned in subparagraph (i); and
the entity has not requested the Commissioner to amend the assessment in that way.
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