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A NEW TAX SYSTEM (BONUSES FOR OLDER AUSTRALIANS) ACT 1999 - SECT 47

Review after an amendment of assessment

Re-calculation of bonus payment entitlement if assessment amended

(1)
If:

(a)
the Commissioner makes a determination under section 43 or 44 (the original determination ) in relation to an ATO client; and

(b)
the Commissioner amends the ATO client's assessment for a qualifying year specified in the ATO client's claim;

the Commissioner must work out under this Part the amount (if any) of the bonus payment the ATO client would be entitled to as a result of the assessment being amended.

Circumstances when original bonus payment determination is varied or revoked

(2)
If:

(a)
the Commissioner amended the assessment no later than 13 weeks after notice of the original determination was given to the ATO client (the qualifying period ); or

(b)
the Commissioner amended the assessment after the qualifying period as a result of the ATO client applying for an amendment of the assessment within that period; or

(c)
the Commissioner amended the assessment after the qualifying period (without the ATO client having applied for an amendment of the assessment within that period) and as a result of the amendment the ATO client would be entitled to a lesser bonus payment than under the original determination or would not be entitled to any bonus payment;

the Commissioner must:

(d)
if the original determination was made under section 43 and as a result of the assessment being amended the ATO client would be entitled to a different bonus payment than under the determination—vary the determination to reflect the correct entitlement; or

(e)
if the original determination was made under section 43 and as a result of the assessment being amended the ATO client would not be entitled to any bonus payment—revoke the determination and make a determination under section 44 in relation to the ATO client; or

(f)
if the original determination was made under section 44 and as a result of the assessment being amended the ATO client would be entitled to a bonus payment—revoke the determination and make a determination under section 43 in relation to the ATO client.

Note 1: Any part of a bonus payment to which the ATO client is not entitled is recoverable as a debt due to the Commonwealth: see section 51.

Note 2: Any additional bonus payment to which the ATO client is entitled is payable by the Commissioner to the client under section 46.

Circumstances when original bonus payment determination is not varied or revoked

(3)
If the Commissioner amended the assessment in any other circumstance, the Commissioner must not vary or revoke the original determination, or make any new determination in relation to the ATO client, as a result of the amendment.

Notice of variation

(4)
If, under this section, the Commissioner varies a determination under section 43, the Commissioner must give written notice of the variation to the ATO client. The notice must:

(a)
state the amount of the bonus payment to which he or she is now entitled; and

(b)
state the reasons for the Commissioner varying the determination; and

(c)
state that he or she may object against the variation in the manner set out in Part IVC of the Taxation Administration Act 1953 .

Note: If, under this section, the Commissioner revokes the original determination and makes a new determination, the Commissioner must give notice of the new determination: see sections 43 and 44.


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