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04 Dec 12 Decision Impact Statement - Yrorita

The ATO has issued a Decision Impact Statement in relation to the AAT decision in Yrorita and FCT [2012] AATA 716; 2012 ATC 10-278.

The decision concerned a taxpayer's illegal access to superannuation benefits but where, in the circumstances, the AAT ordered that the administrative penalty be remitted in full.

In relation to the application of an administrative penalty, the AAT determined that the discretion to impose the penalty was correctly exercised, but that it should be remitted in full. The AAT noted the circumstances surrounding the withdrawal of the funds and the fact that had the taxpayer followed the correct procedures he may well have been permitted to withdraw some of the benefit. The AAT also noted the taxpayer's present circumstances, being ill health and financial hardship.

The Decision Impact Statement states that the AAT's conclusion in regard to remission of the penalty was open to it on the facts of the case.


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