108A Time bar for amending GST assessment

(1)

Subject to this section and section 108B, if a taxpayer provides a GST tax return for a GST return period and an assessment has been made, the Commissioner may not amend the assessment to increase the amount assessed if 4 years have passed from the end of the GST return period in which the tax return was provided.

(2)

[Repealed]

(3)

The Commissioner may, at any time, amend an assessment to increase the amount of the assessment if the Commissioner considers that the person assessed has knowingly or fraudulently failed to disclose to the Commissioner all of the material facts that are necessary for determining the amount of GST payable for a GST return period.

(3B)

A period equal to the number of days in the period described in this subsection is added to the 4 years under subsection (1), if a taxpayer successfully challenges a Commissioner’s refusal under section 89K(4). The relevant period—

(a)

starts on the day of the refusal:

(b)

finishes on the day on which that challenge is finally judged successful by the relevant Taxation Review Authority or court, or the day on which the Commissioner concedes.

(4)

This section overrides every other provision of this Act, and any other rule or law, that limits the Commissioner’s right to amend GST assessments.

Section 108A: inserted, on 1 October 1996, by section 29 of the Tax Administration Amendment Act (No 2) 1996 (1996 No 56).

Section 108A heading: replaced, on 1 April 2005 (applying for GST return periods beginning on or after 1 April 2005), by section 115(1) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).

Section 108A(1): replaced, on 1 April 2005 (applying for GST return periods beginning on or after 1 April 2005), by section 115(2) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).

Section 108A(2): repealed, on 1 April 2005 (applying for GST return periods beginning on or after 1 April 2005), by section 115(3) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).

Section 108A(3): replaced, on 1 April 2005 (applying for GST return periods beginning on or after 1 April 2005), by section 115(4) of the Taxation (Venture Capital and Miscellaneous Provisions) Act 2004 (2004 No 111).

Section 108A(3B): inserted, on 29 August 2011, by section 176 of the Taxation (Tax Administration and Remedial Matters) Act 2011 (2011 No 63).