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The AAT has upheld penalties imposed by the Commissioner on the taxpayer, a tax agent, for incorrect activity statements for the quarters ended 30 September 2004 and 31 December 2004. The activity statements for the two quarters were revised by the Commissioner to reflect the exclusion of input tax credits claimed on personal acquisitions, on items where no input tax credit entitlement existed, on items not subject to GST and on items where no payment had been made and no tax invoices held in the relevant period and the claim for an input tax credit in relation to the purchase of a commercial property in the period prior to the date of settlement. After reviewing the facts, the AAT said:

"...this was not a failure to take reasonable care but a failure to take any care at all. Given the status of NOAC and the result of the prior audit it may well have been possible for the [Commissioner] to maintain a case of intentional disregard. However this level is not now sought and I am satisfied that the conduct of NOAC was reckless and the 50% penalty is appropriate."

For a copy of the decision, go here

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