Taxation Administration Regulations 2021

Taxation Administration Regulations 2021

22 November 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Taxation Administration Act 1997.

These regulations may be cited as the Taxation Administration Regulations 2021.

These regulations take effect on 15 December 2021.

In these regulations –

Act means the Taxation Administration Act 1997;

associated person has the same meaning as in the Duties Act 2001;

business assets means land, an interest in land, or goods, which are predominantly for – the business of wholesale or retail sale of goods or services; or the business of manufacturing; or a primary production business; or purposes that are ancillary to the running of a business;

dutiable property has the same meaning as in the Duties Act 2001;

dutiable transaction has the same meaning as in the Duties Act 2001;

dutiable value, in relation to dutiable property, has the same meaning as in the Duties Act 2001;

interest, in relation to land, has the same meaning as in the Duties Act 2001;

land has the same meaning as in the Duties Act 2001;

subsequent transaction has the same meaning as in section 36B(3) of the Duties Act 2001;

unencumbered value has the same meaning as in the Duties Act 2001.

In this regulation – specified means specified in a notice of approval, or subsequent notice, as referred to in section 51(1) of the Act.

If an approval is given to a taxpayer or agent under section 49 of the Act, the Commissioner may require, as a condition of that approval, the taxpayer or agent to comply with the specified conditions in relation to endorsing and submitting a return, or paying tax, in respect of a specified instrument.

The following persons are prescribed persons, for the purpose of section 77(1)(e)(x) of the Act, in respect of the disclosure of information under this section:

a person who is employed in the Department and provides advice on taxation policy;

an authorised officer as defined in the First Home Owner Grant Act 2000;

an authorised officer as defined in the HomeBuilder Grants Act 2020;

an authorised officer as defined in the Workers Rehabilitation and Compensation Act 1988;

the Valuer-General appointed under the Valuation of Land Act 2001;

the following persons if the disclosure is relevant to an investigation by the person of an alleged breach of Division 2B of Part VI of the Fire Service Act 1979:the Chief Officer as defined in that Act; an officer of the Fire Service as defined in that Act;

the Commissioner, Second Commissioner, or a Deputy Commissioner under a law of the Commonwealth relating to taxation, or a person authorised to receive information on behalf of that Commissioner, Second Commissioner, or Deputy Commissioner;

a body, council, committee, society, association or board that – is established under a law of the Commonwealth; and is responsible for regulating the conduct of members of that body, council, committee, society, association or board;

the Director of Consumer Affairs and Fair Trading, if the disclosure is relevant to his or her functions under the Motor Vehicle Traders Act 2011.

In this regulation – prescribed person means an agent who is approved by the Commissioner for the purposes of section 49(1)(b) of the Act; relevant instrument means an instrument that is prescribed in Schedule 1; relevant lodging, in relation to an instrument, means the lodging for assessment of a relevant instrument by a prescribed person.

For the purposes of section 118A of the Act, the prescribed fee in respect of a relevant lodging of an instrument is 25 fee units.

The legislation specified in Schedule 2 is rescinded.