45CCommissioner’s power to make transfers of expenditure

#### 45C Commissioner’s power to make transfers of expenditure (1) This section applies if a person contravenes section 45A or 45B by failing to transfer expenditure as required by that section in relation to a financial year. (2) Subject to subsection (3), the Commissioner may transfer the expenditure that the person failed to transfer. (3) The transfer must: (a) be in writing; and (b) be such that, if it had been made by the person, it would have been a transfer of expenditure in relation to the financial year under section 45A or 45B, as the case requires. (4) For the purposes of this Act (other than this section), the transfer is taken to be a transfer by the person under section 45A or 45B, as the case requires. (5) The transfer may not be revoked or varied except: (a) under subsection (6); or (b) pursuant to a decision of the Tribunal or an order of a court; or (c) to correct an error. (6) If: (a) after the transfer, information becomes available to the Commissioner that was not available at the time of the transfer; and (b) the Commissioner would not have transferred the expenditure in the same way, or at all, if he or she had been aware of the information at the time of transferring the expenditure; the Commissioner may, in writing, revoke the transfer and, if appropriate, make another transfer of expenditure under this section. (7) If the Commissioner revokes the transfer, then, for the purposes of this Act, the transfer is taken never to have been made. (8) The Commissioner must, within 30 days after transferring the expenditure, or revoking the transfer of the expenditure, cause written notice setting out particulars of the transfer or revocation to be given to: (a) if the transfer has or had effect as a transfer under section 45A—the person who is taken to have transferred the expenditure; or (b) if the transfer has or had effect as a transfer under section 45B—the person who is taken to have transferred the expenditure and the company to which the expenditure is or was transferred. (9) If a person to whom a notice under subsection (8) is given is dissatisfied with the Commissioner’s decision to transfer the expenditure, or revoke the transfer, as the case may be, the person may object against the decision in the manner set out in Part IVC of the Taxation Administration Act 1953.