Western Australian Numbered Acts Western Australian Numbered Acts (1) The amendments in
this section are to the Taxation Administration Act 2003 *.
[* Act No. 1 of 2003.
]
(2) After
section 18 the following section is inserted —
“
18A. Withdrawal of assessment
(1) The Commissioner
may, within 5 years after the issue of a notice of assessment, withdraw
the assessment.
(2) An assessment may
not be withdrawn if any amount of tax has been paid on the assessment.
(3) The Commissioner
must give a written notice of withdrawal to the taxpayer.
(4) If an assessment
in respect of an event or transaction is withdrawn, the assessment is taken
never to have been made and, subject to this Act, the Commissioner may make an
assessment in respect of the event or transaction at any time after the
first-mentioned assessment is withdrawn.
”.
(3) Section 20(3)
is amended as follows:
(a) by
deleting “prepared and”;
(b) by
deleting “prepared or, if prepared, has not been”;
(c) by
deleting “treat it as if the memorandum were the instrument” and
inserting instead —
“
for the purposes of the taxation Act and this Act the
memorandum is taken to be the instrument lodged by the person required to
lodge it under the taxation Act
”.
(4)
Section 26(1)(a) is deleted.
(5) The Glossary is
amended as follows:
(a) in
the definition of “instrument”, in paragraph (a), by deleting
“bill of exchange, promissory note,”;
(b) in
the definition of “penalty tax”, in paragraph (c), by
deleting “or 76J(2)(b)” and inserting instead —
“ , 76J(2)(b) or 112NA(2) ”.