sec.58Commissioner may disregard particular liabilities in assessing or reassessing annual liability or final liability

sec.58 Commissioner may disregard particular liabilities in assessing or reassessing annual liability or final liability

In making an assessment or reassessment of a betting operator’s annual liability for a financial year, the commissioner may treat the betting operator as if the betting operator— had not been required under section 50 to lodge any monthly returns during all or part of the financial year; or had not been required under section 54 to lodge any final returns during all or part of the financial year. In making an assessment or reassessment of a betting operator’s final liability for a final period during a financial year, the commissioner may treat the betting operator as if the betting operator— had not been required under section 50 to lodge any monthly returns during all or part of the final period; or had not been required under section 54 to lodge any final returns for any previous final periods during the final period. If, under subsection (1) or (2) , the commissioner treats the betting operator as if the betting operator had not been required to lodge a monthly return for 1 or more months (each a relevant month ), or a final return for 1 or more final periods (each a relevant final period ), during the financial year or the final period— the betting operator must be treated for this Act and the Taxation Administration Act 2001 as if the betting operator— did not have a monthly liability, and had not been required to lodge a monthly return, for each relevant month; or did not have a final liability, and had not been required to lodge a final return, for each relevant final period; and any assessment of the betting operator’s monthly liability for a relevant month, or final liability for a relevant final period, is taken not to have been made; and the commissioner may apply as payment for a relevant betting tax liability of the betting operator, in the order required under the Taxation Administration Act 2001 , section 42 , either or both of the following amounts— the whole or part of an amount paid, or that would apart from paragraph (a) (i) be payable, by the betting operator for monthly liability for a relevant month; the whole or part of an amount paid, or that would apart from paragraph (a) (ii) be payable, by the betting operator for final liability for a relevant final period; and the commissioner is not prevented from making a subsequent reassessment of the betting operator’s monthly liability, final liability or annual liability under section 59 . For this section, the circumstances in which a betting operator was required under section 50 to lodge a monthly return, or was required under section 54 to lodge a final return, during all or part of a financial year or during a final period include the commissioner exercising power under section 59 (2) for the month or final period to which the return relates. In this section— relevant betting tax liability means a liability for any of the following— betting tax; unpaid tax interest in relation to an assessment of liability for betting tax; penalty tax in relation to an assessment of liability for betting tax; any other amount payable under this Act or the Taxation Administration Act 2001 , or a liability to pay costs ordered by a court or QCAT, in relation to betting tax. unpaid tax interest see the Taxation Administration Act 2001 , schedule 2 . (sec.58-ssec.1) In making an assessment or reassessment of a betting operator’s annual liability for a financial year, the commissioner may treat the betting operator as if the betting operator— had not been required under section 50 to lodge any monthly returns during all or part of the financial year; or had not been required under section 54 to lodge any final returns during all or part of the financial year. (sec.58-ssec.2) In making an assessment or reassessment of a betting operator’s final liability for a final period during a financial year, the commissioner may treat the betting operator as if the betting operator— had not been required under section 50 to lodge any monthly returns during all or part of the final period; or had not been required under section 54 to lodge any final returns for any previous final periods during the final period. (sec.58-ssec.3) If, under subsection (1) or (2) , the commissioner treats the betting operator as if the betting operator had not been required to lodge a monthly return for 1 or more months (each a relevant month ), or a final return for 1 or more final periods (each a relevant final period ), during the financial year or the final period— the betting operator must be treated for this Act and the Taxation Administration Act 2001 as if the betting operator— did not have a monthly liability, and had not been required to lodge a monthly return, for each relevant month; or did not have a final liability, and had not been required to lodge a final return, for each relevant final period; and any assessment of the betting operator’s monthly liability for a relevant month, or final liability for a relevant final period, is taken not to have been made; and the commissioner may apply as payment for a relevant betting tax liability of the betting operator, in the order required under the Taxation Administration Act 2001 , section 42 , either or both of the following amounts— the whole or part of an amount paid, or that would apart from paragraph (a) (i) be payable, by the betting operator for monthly liability for a relevant month; the whole or part of an amount paid, or that would apart from paragraph (a) (ii) be payable, by the betting operator for final liability for a relevant final period; and the commissioner is not prevented from making a subsequent reassessment of the betting operator’s monthly liability, final liability or annual liability under section 59 . (sec.58-ssec.4) For this section, the circumstances in which a betting operator was required under section 50 to lodge a monthly return, or was required under section 54 to lodge a final return, during all or part of a financial year or during a final period include the commissioner exercising power under section 59 (2) for the month or final period to which the return relates. (sec.58-ssec.5) In this section— relevant betting tax liability means a liability for any of the following— betting tax; unpaid tax interest in relation to an assessment of liability for betting tax; penalty tax in relation to an assessment of liability for betting tax; any other amount payable under this Act or the Taxation Administration Act 2001 , or a liability to pay costs ordered by a court or QCAT, in relation to betting tax. unpaid tax interest see the Taxation Administration Act 2001 , schedule 2 .