New South Wales Consolidated Acts

TAXATION ADMINISTRATION ACT 1996 - SECT 12

12 Compromise assessment

(1) If it is difficult or impracticable for the Chief Commissioner to determine a person’s tax liability under a taxation law without undue delay or expense because of the complexity or uncertainty of the case or for any other reason, the Chief Commissioner may make an assessment in accordance with this section.

(2) The Chief Commissioner may, with the agreement of the taxpayer, assess liability in an amount specified in, or determined in accordance with, the agreement.

(3) Despite section 9, the Chief Commissioner cannot make a reassessment of a tax liability assessed in accordance with this section:

(a) except with the agreement of the taxpayer, or

(b) unless the assessment under this section was procured by fraud or there was a deliberate failure to disclose material information.

(5) This section does not limit the power of the Chief Commissioner to make an assessment by way of estimate under section 11.