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The ATO has published a Decision Impact Statement in relation to the AAT's decision in Nitram Consulting Pty Ltd and FCT [2008] AATA 1119, 2008 ATC 10-063. The case concerned whether an administrative penalty relating to GST should be remitted fully or in part. The AAT decided that the penalty should be remitted from 25% to 20% of the shortfall. The ATO accepts that the decision to make the small remission of the penalty was open to the AAT in the circumstances of this case. However, the ATO cautions taxpayers against lodging activity statements on a speculative basis with a view to discussing matters with the ATO at a later time, as was the situation in this case.

For a copy of the Decision Impact Statement, go here.

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