sec.69Assessments because of tax benefit from scheme

sec.69 Assessments because of tax benefit from scheme

If the commissioner is satisfied that the avoider has obtained, or would apart from this part obtain, a tax benefit from a scheme, the commissioner may— disregard the scheme; and decide the amount of land tax or windfall tax that would have been payable by the avoider had the scheme not been entered into or carried out; and make an assessment of the avoider’s liability for land tax or windfall tax to give effect to that decision. For objections and appeals against assessments, see the Administration Act , part 6 . If the commissioner makes an assessment under subsection (1) , the assessment notice given to the avoider must be accompanied by notice of the reasons for making the assessment. Subsection (4) applies if the commissioner— makes an assessment under subsection (1) ; and is satisfied— a person, other than the avoider, is liable for land tax or windfall tax who would not have been assessed if the scheme had not been entered into or carried out; and it would be fair and reasonable that all or part of the amount of land tax or windfall tax should not have been assessed. Despite the limitation period under the Administration Act for reassessments, the commissioner must, for the other person, make a reassessment on the basis that all or part of the amount of land tax or windfall tax is not payable. s 69 amd 2025 No. 15 s 19 (sec.69-ssec.1) If the commissioner is satisfied that the avoider has obtained, or would apart from this part obtain, a tax benefit from a scheme, the commissioner may— disregard the scheme; and decide the amount of land tax or windfall tax that would have been payable by the avoider had the scheme not been entered into or carried out; and make an assessment of the avoider’s liability for land tax or windfall tax to give effect to that decision. For objections and appeals against assessments, see the Administration Act , part 6 . (sec.69-ssec.2) If the commissioner makes an assessment under subsection (1) , the assessment notice given to the avoider must be accompanied by notice of the reasons for making the assessment. (sec.69-ssec.3) Subsection (4) applies if the commissioner— makes an assessment under subsection (1) ; and is satisfied— a person, other than the avoider, is liable for land tax or windfall tax who would not have been assessed if the scheme had not been entered into or carried out; and it would be fair and reasonable that all or part of the amount of land tax or windfall tax should not have been assessed. (sec.69-ssec.4) Despite the limitation period under the Administration Act for reassessments, the commissioner must, for the other person, make a reassessment on the basis that all or part of the amount of land tax or windfall tax is not payable.

• (a) disregard the scheme; and
• (b) decide the amount of land tax or windfall tax that would have been payable by the avoider had the scheme not been entered into or carried out; and