Penalty for failure to keep or retain records
288-25 Penalty for failure to keep or retain records
You are liable to an administrative penalty of 20 penalty units if:
a provision of a *taxation law requires you to keep or retain a record; and
you do not keep or retain that record in the manner required by that law.
Subsection (1) does not apply to:
documents required to be retained under Part X of the Fringe Benefits Tax Assessment Act 1986 (about statutory evidentiary documents); or
documents required to be kept or retained under Division 900 of the Income Tax Assessment Act 1997 (about substantiation of expenses); or
if you are given a *tax‑records education direction—documents to which a record‑keeping failure specified in the direction relates, unless you have not complied with the direction.
For paragraph (c):
for tax‑records education directions, see section 384‑12; and
for whether you have complied with the direction, see subsection 384‑15(3).
See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
This Act’s bill:Second reading speech
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