sec.42Arrangements for avoidance may be disregarded

sec.42 Arrangements for avoidance may be disregarded

This section applies if a person enters into an agreement, transaction or arrangement, whether in writing or otherwise, that has the effect of reducing, postponing or avoiding the liability of any person to the assessment, imposition or payment of betting tax. The commissioner may— disregard the agreement, transaction or arrangement for 1 or more periods; and decide 1 or more of the matters mentioned in subsection (3) . The matters are the following— that the total wagering revenue of a betting operator for a particular period is to be taken to include an additional amount; that an amount included in the total eligible payments of a betting operator for a particular period is to be disregarded; that, because of a decision made under paragraph (a) or (b) , the taxable wagering revenue of a betting operator for a particular period is to be taken to include an additional amount; that a bet made with a betting operator— is to be taken to have been made by a person other than the person who purportedly made the bet or at a place other than the place where the bet was purportedly made; and if applicable, is a Queensland bet within the meaning of division 2 , subdivision 2 for working out the taxable wagering revenue of the betting operator for a particular period; that— a party to the agreement, transaction or arrangement is to be taken to be a betting operator; and a payment made in respect of the agreement, transaction or arrangement is to be taken to be taxable wagering revenue of the party for a particular period. If the commissioner makes a decision under subsection (3) about a betting operator or another party to the agreement, transaction or arrangement, the commissioner must give the betting operator or party a notice that states the decision and the reasons for the decision. (sec.42-ssec.1) This section applies if a person enters into an agreement, transaction or arrangement, whether in writing or otherwise, that has the effect of reducing, postponing or avoiding the liability of any person to the assessment, imposition or payment of betting tax. (sec.42-ssec.2) The commissioner may— disregard the agreement, transaction or arrangement for 1 or more periods; and decide 1 or more of the matters mentioned in subsection (3) . (sec.42-ssec.3) The matters are the following— that the total wagering revenue of a betting operator for a particular period is to be taken to include an additional amount; that an amount included in the total eligible payments of a betting operator for a particular period is to be disregarded; that, because of a decision made under paragraph (a) or (b) , the taxable wagering revenue of a betting operator for a particular period is to be taken to include an additional amount; that a bet made with a betting operator— is to be taken to have been made by a person other than the person who purportedly made the bet or at a place other than the place where the bet was purportedly made; and if applicable, is a Queensland bet within the meaning of division 2 , subdivision 2 for working out the taxable wagering revenue of the betting operator for a particular period; that— a party to the agreement, transaction or arrangement is to be taken to be a betting operator; and a payment made in respect of the agreement, transaction or arrangement is to be taken to be taxable wagering revenue of the party for a particular period. (sec.42-ssec.4) If the commissioner makes a decision under subsection (3) about a betting operator or another party to the agreement, transaction or arrangement, the commissioner must give the betting operator or party a notice that states the decision and the reasons for the decision.