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19 Nov 07 Decision Impact Statement - De Angelis

The ATO has published a Decision Impact Statement in relation to Deputy Commissioner of Taxation v De Angelis (unreported). The case concerned, amongst other issues, whether GIC is payable on administrative overpayments where the ATO has not issued a notice to the taxpayer under s 8AAZN of the Taxation Administration Act 1953. The District Court of South Australia (Master Rice) found that because no s 8AAZN notice was given the Commissioner could not allocate GIC to the RBA debt.

The Decision Impact Statement states that "the ATO respectfully disagrees with the Master's conclusion in respect of the GIC issue and remains of the view that, when an AOP is posted to an RBA, the GIC provisions are engaged and GIC is payable on the RBA balance. Further, the Tax Office considers that the correct date from which GIC is able to be imposed is the date that the AOP was made and that the RBA deficit debt can be conclusively proved under section 105-100 of Schedule 1 to the TAA (formerly section 59 of the TAA) where the AOP is reflected in an assessment of the taxpayers net amount made by the Commissioner. Accordingly, the ATO has appealed to the District Court of South Australia."

For a copy of the Decision Impact Statement, go here

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