15 Oct 09 Decision Impact Statement - Weston
The ATO has issued a Decision Impact Statement in respect of the AAT's decision in Weston and FCT  AATA 869; 2008 ATC 10-052. The case concerned whether the taxpayer had a liability to Superannuation Guarantee Charge (SGC) and whether an additional Superannuation Guarantee Charge should be further remitted. The AAT held that the taxpayer was liable to SGC but that the penalty should be remitted in full.
The ATO accepts that the AAT's decision to remit the penalty in full was open to it on the facts as found. The AAT accepted that the taxpayer made honest mistakes in respect of his employer superannuation obligations. The AAT's decision recognises that issues involving the remission of penalty must be determined on the particular circumstances of each case.
For a copy of the Decision Impact Statement, go here