28Taxable income—prescribed provisions and circumstances

28 Taxable income—prescribed provisions and circumstances

(1) For paragraphs 56(2)(b) and (c) of the applied Assessment Act, the following provisions and circumstances are prescribed: (a) sections 78A, 82KJ, 82KK, 82KL, 136AF and 177F of the Income Tax Assessment Act 1936 (the Tax Act); (b) the circumstances in which subsection 170(9B) of the Tax Act applies; (c) a provision that is a prescribed provision within the meaning of subsection 170(14) of the Tax Act. (2) The following circumstance is also prescribed for paragraph 56(2)(c) of the applied Assessment Act: (a) the Commissioner has written to a person (the taxpayer): (i) about an announcement by the Commissioner, on 14 February 2002, allowing taxpayers who were investors in schemes identified by the Commissioner as mass marketed tax effective schemes a deduction for certain actual cash outlays; and (ii) proposing to amend the tax assessment of the taxpayer to the effect that the taxable income of the taxpayer for a particular year of income is reduced, taking into account that kind of cash outlay; and (b) the taxpayer has responded, accepting the Commissioner’s proposal; and (c) the Commissioner has later amended the tax assessment of the taxpayer, making a reduction in the taxable income of the taxpayer for the year of income in accordance with the Commissioner’s proposal. (3) For paragraph 57(7)(a) of the applied Assessment Act the following circumstances are prescribed: (a) if a tax assessment in force under the Tax Act immediately before commencement of these Regulations could be amended to give effect to the provisions of the Tax Act; or (b) the circumstances prescribed in subregulation (1) or (2).