sec.59Commissioner may assess or reassess particular liabilities as if monthly returns or final returns required to be lodged

sec.59 Commissioner may assess or reassess particular liabilities as if monthly returns or final returns required to be lodged

This section applies if— under section 52 , a betting operator was exempt from lodging monthly returns during either or both of the following periods (each the exemption period )— all or part of a financial year; all or part of a final period; or in making an assessment or reassessment under section 58 (1) or (2) , the commissioner has treated a betting operator as if the betting operator was not required to lodge monthly returns or final returns during a period mentioned in section 58 (1) or (2) (also the exemption period ). In making an assessment or reassessment of a relevant liability of the betting operator, the commissioner may do 1 or more of the following— despite section 52 , treat the betting operator as if the betting operator had been required under section 50 to lodge a monthly return for 1 or more months during the exemption period; despite any previous treatment of the betting operator under section 58 (1) or (2) , treat the betting operator as if the betting operator had been required to lodge a monthly return for 1 or more months during the exemption period; despite any previous treatment of the betting operator under section 58 (1) or (2) , treat the betting operator as if the betting operator had been required to lodge a final return for 1 or more final periods during the exemption period. The commissioner may make an assessment or reassessment under subsection (2) (a) only if— the betting operator gave the commissioner false or misleading information in contravention of the Taxation Administration Act 2001 , section 122 or 123 ; and the commissioner relied on the information in granting the exemption under section 52 . If the commissioner makes an assessment or reassessment under subsection (2) — the betting operator must be treated for this Act and the Taxation Administration Act 2001 , other than the Taxation Administration Act 2001 , section 121 , as if the betting operator— had been required under section 50 to lodge, on the return date, a monthly return for each month for which the betting operator’s monthly liability is assessed or reassessed under subsection (2) ; or had been required under section 54 to lodge, on the return date, a final return for each final period for which the betting operator’s final liability is assessed or reassessed under subsection (2) ; and the commissioner is not prevented from making a subsequent reassessment of the betting operator’s annual liability or final liability under section 58 . In this section— relevant liability , of a betting operator, means— the betting operator’s monthly liability for a month during the exemption period; or the betting operator’s final liability for a final period during the exemption period; or the betting operator’s annual liability for the financial year in which the exemption period falls. (sec.59-ssec.1) This section applies if— under section 52 , a betting operator was exempt from lodging monthly returns during either or both of the following periods (each the exemption period )— all or part of a financial year; all or part of a final period; or in making an assessment or reassessment under section 58 (1) or (2) , the commissioner has treated a betting operator as if the betting operator was not required to lodge monthly returns or final returns during a period mentioned in section 58 (1) or (2) (also the exemption period ). (sec.59-ssec.2) In making an assessment or reassessment of a relevant liability of the betting operator, the commissioner may do 1 or more of the following— despite section 52 , treat the betting operator as if the betting operator had been required under section 50 to lodge a monthly return for 1 or more months during the exemption period; despite any previous treatment of the betting operator under section 58 (1) or (2) , treat the betting operator as if the betting operator had been required to lodge a monthly return for 1 or more months during the exemption period; despite any previous treatment of the betting operator under section 58 (1) or (2) , treat the betting operator as if the betting operator had been required to lodge a final return for 1 or more final periods during the exemption period. (sec.59-ssec.3) The commissioner may make an assessment or reassessment under subsection (2) (a) only if— the betting operator gave the commissioner false or misleading information in contravention of the Taxation Administration Act 2001 , section 122 or 123 ; and the commissioner relied on the information in granting the exemption under section 52 . (sec.59-ssec.4) If the commissioner makes an assessment or reassessment under subsection (2) — the betting operator must be treated for this Act and the Taxation Administration Act 2001 , other than the Taxation Administration Act 2001 , section 121 , as if the betting operator— had been required under section 50 to lodge, on the return date, a monthly return for each month for which the betting operator’s monthly liability is assessed or reassessed under subsection (2) ; or had been required under section 54 to lodge, on the return date, a final return for each final period for which the betting operator’s final liability is assessed or reassessed under subsection (2) ; and the commissioner is not prevented from making a subsequent reassessment of the betting operator’s annual liability or final liability under section 58 . (sec.59-ssec.5) In this section— relevant liability , of a betting operator, means— the betting operator’s monthly liability for a month during the exemption period; or the betting operator’s final liability for a final period during the exemption period; or the betting operator’s annual liability for the financial year in which the exemption period falls.