Taxation Administration Act 2001

Subject to sections 21 and 22, the commissioner may, at any time, make a reassessment of a taxpayer’s liability for tax.

However, the commissioner may make a reassessment of a taxpayer’s liability assessed under a compromise assessment only—

with the taxpayer’s written agreement; or

if the commissioner reasonably believes the compromise assessment was—

obtained by fraud; or

made on the basis of a false or misleading statement or there was a failure to give material information.

The commissioner may make a reassessment under subsection (1) even if any of the following has started but not yet been decided—

an objection against the assessment or a related royalty valuation decision;

an appeal against, or review of, the commissioner’s decision on an objection mentioned in paragraph (a).

The commissioner can not be compelled to make a reassessment under subsection (1) decreasing a taxpayer’s liability for tax.

The commissioner’s decision not to make a reassessment of a taxpayer’s liability for tax is a non-reviewable decision.