(b) the commissioner makes a reassessment and
the original assessment was a default assessment under section 13(1) (a) or
(b) ; or
(c) the primary tax assessed on a reassessment, other than under a
reassessment mentioned in paragraph (b) , is more than the primary tax
assessed on the original assessment or an earlier reassessment.
(a) if subsection (1) (a)
applies—an amount equal to 75% of the primary tax assessed;
(b) if
subsection (1) (b) applies—an amount equal to 75% of the reassessed primary
tax;
(c) if subsection (1) (c) applies and the primary tax assessed on the
last reassessment is more than the primary tax assessed on the original
assessment—an amount equal to 75% of the difference between the 2 amounts;
(d) if subsection (1) (c) applies and the primary tax assessed on the last
reassessment is less than the primary tax assessed on the original assessment
but more than the primary tax assessed on an earlier reassessment—an amount
equal to 75% of the difference between the primary tax assessed on the last
reassessment and the lowest primary tax assessed on an earlier reassessment.
(3) The commissioner may increase the amount of the penalty tax by not more
than 20% of the penalty tax under subsection (2) if the commissioner is
satisfied the taxpayer—
(b) has
hindered or prevented the commissioner from becoming aware of the nature and
extent of the taxpayer’s liability for tax.
(4) A reference in this section
to an amount of primary tax does not include a reference to an amount of
royalty payable under the Mineral Resources Act 1989to a person other than
the State.