sec.34Reassessment—employee absent from Australia longer than 5 years

sec.34 Reassessment—employee absent from Australia longer than 5 years

This section applies if— a taxpayer’s liability for land tax for a financial year is assessed on the basis that the taxpayer is not an absentee under section 31 (3) (b) ; and the taxpayer’s absence from Australia is longer than 5 years. The taxpayer must, within 28 days after the day on which the taxpayer has been absent from Australia for 5 years, give notice to the commissioner that this section applies. Under the Administration Act , the requirement under this subsection is a lodgement requirement for which a failure to comply is an offence under section 121 of that Act. The commissioner must reassess the taxpayer’s liability for land tax for the financial year on the basis that the taxpayer was an absentee. (sec.34-ssec.1) This section applies if— a taxpayer’s liability for land tax for a financial year is assessed on the basis that the taxpayer is not an absentee under section 31 (3) (b) ; and the taxpayer’s absence from Australia is longer than 5 years. (sec.34-ssec.2) The taxpayer must, within 28 days after the day on which the taxpayer has been absent from Australia for 5 years, give notice to the commissioner that this section applies. Under the Administration Act , the requirement under this subsection is a lodgement requirement for which a failure to comply is an offence under section 121 of that Act. (sec.34-ssec.3) The commissioner must reassess the taxpayer’s liability for land tax for the financial year on the basis that the taxpayer was an absentee.

• (a) a taxpayer’s liability for land tax for a financial year is assessed on the basis that the taxpayer is not an absentee under section 31 (3) (b) ; and
• (b) the taxpayer’s absence from Australia is longer than 5 years.