Checking entitlement to endorsement
426-40 Checking entitlement to endorsement
The Commissioner may require an entity that is endorsed to give the Commissioner information or a document that is relevant to the entity’s entitlement to endorsement. The entity must comply with the requirement.
The conditions for an entity to be entitled to be endorsed are set out in:
subsections 176‑1(2) of the GST Act; and
subsections 123C(2), 123D(2) and 123E(2) of the Fringe Benefits Tax Assessment Act 1986; and
sections 30‑120 and 50‑105 of the Income Tax Assessment Act 1997.
Failure to comply with this subsection is an offence against section 8C. Also, the Commissioner may revoke the endorsement of the entity under section 426‑55 if it fails to comply with this subsection.
Section 426‑50 modifies the way this subsection operates in relation to partnerships and unincorporated bodies.
The requirement:
is to be made by notice in writing to the entity; and
may ask the entity to give the information in writing; and
must specify:
the information or document the entity is to give; and
the period within which the entity is to give the information or document.
The period specified under subparagraph (c)(ii) must end at least 28 days after the notice is given.
The Commissioner may give the notice by way of electronic transmission. This does not limit the ways in which the Commissioner may give the notice.
If the requirement is for the entity to give information in writing, the document setting out the information:
must be given to the Commissioner; and
may be *lodged electronically; and
must be signed for the entity, or include the entity’s *electronic signature if the document is lodged electronically.
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