4Application of Assessment Act

4 Application of Assessment Act

(1) Unless the contrary intention appears in this Act, sections 6 (other than the definition of spouse in subsection (1)) and 7A, Part II, section 21, Part IV, Division 1 of Part VI, and Parts VII and VIII of the Assessment Act, and regulations made under that Act, apply for the purposes of the assessment and collection of recoupment tax, and the collection of late payment tax, in like manner, mutatis mutandis, as those provisions apply for the purposes of the assessment and collection of income tax under the Assessment Act. (2) A reference in this Act to a provision of the Assessment Act shall, unless the contrary intention appears, be read as a reference to that provision in its application, in accordance with subsection (1), for the purposes of this Act. (3) For the purposes of section 14 of the Assessment Act, this Act shall be deemed to be part of the Assessment Act. (4) Nothing in section 16 of the Assessment Act prevents:

(a) the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, liable to pay recoupment tax, of information relating to the affairs of another person where that information was, or in the opinion of the Commissioner is likely to be, taken into account in the assessment of the liability of the first‑mentioned person to pay recoupment tax; or

(b) the disclosure, to a person who is, or in the opinion of the Commissioner is likely to become, jointly and severally liable with other persons to pay promoters recoupment tax, of the identity of, and particulars of the liability of, any of the other persons liable to pay that promoters recoupment tax.

(5) Where:

(a) a person makes a request in writing to the Commissioner that the Commissioner disclose to the person information relating to an arrangement or transaction referred to in paragraph 5(1)(h) or (2)(h); and

(b) the arrangement or transaction was, or in the opinion of the Commissioner, is likely to be, taken into account in the assessment of the liability of the person to pay vendors recoupment tax;

the Commissioner shall, notwithstanding section 16 of the Assessment Act, disclose to the person all information (including the identities of the parties to the arrangement or transaction) known to the Commissioner that is relevant to that liability and relates to the arrangement or transaction. (6) Nothing in section 170 of the Assessment Act prevents the amendment, at any time, of an assessment for the purpose of giving effect to subsection 5(4), paragraph 5(9)(d), subsection 6(2), 6(18), 8(5), 8(6) or 8(7) or section 16 or 17 of this Act. (8) Proceedings shall not be instituted against a person under section 209 of the Assessment Act for the recovery of any promoters recoupment tax from the person unless:

(a) the notice of assessment in respect of that tax was served on the person; or