106KAAdditional penalties for tax avoidance schemes

#### 106KA Additional penalties for tax avoidance schemes 106KA Additional penalties for tax avoidance schemes > > (1) The Chief Commissioner may impose a penalty on a taxpayer if the Chief Commissioner— > > > > > (a) issues a notice of assessment, or reassessment, of tax liability to the taxpayer, and > > > > > (b) issues the notice on the basis that a scheme is a tax avoidance scheme. > > > (2) The penalty— > > > > > (a) may be imposed by written notice to the taxpayer, and > > > > > (b) must not be more than the amount of tax avoided by the taxpayer. > > > (3) In deciding whether to impose a penalty and the amount of the penalty, the Chief Commissioner must consider the following— > > > > > (a) the amount of tax avoided, > > > > > (b) the length of the period during which the person was involved in the tax avoidance scheme, > > > > > (c) the deterrent effect the penalty may have, > > > > > (d) another matter the Chief Commissioner considers relevant. > > > (4) The liability to pay the penalty is in addition to the following— > > > > > (a) a liability under this division to pay the amount of tax avoided, > > > > > (b) a liability under Part 5 to pay interest in relation to the amount of tax avoided, > > > > > (c) a liability under Part 5 to pay penalty tax in relation to the amount of tax avoided. > > **s 106KA:** Ins 2024 No 90, Sch 8\[8\].