South Australian Consolidated Acts

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TAXATION ADMINISTRATION ACT 1996 - SECT 10

10—Reassessment

        (1)         The Commissioner may make one or more reassessments of a tax liability of a taxpayer.

        (2)         A reassessment of a tax liability is to be made in accordance with the legal interpretations and assessment practices generally applied by the Commissioner in relation to matters of that kind at the time of the initial assessment of the liability except to the extent that any departure from those interpretations and practices is required by legislative change made after the initial assessment.

        (3)         Nothing prevents the Commissioner

            (a)         from making a reassessment of a tax liability of a taxpayer after an amount previously assessed as being payable by the taxpayer has been paid; or

            (b)         from making a reassessment of a tax liability under which the taxpayer is assessed as having liabilities that are additional to or greater than those under the previous assessment.

        (4)         Despite the other provisions of this section, the Commissioner cannot make a reassessment of a tax liability more than five years after the initial assessment of the liability except—

            (a)         with the agreement of the taxpayer; or

            (b)         where there has been a deliberate tax default.

        (5)         A decision not to make reassessment is a non-reviewable decision.



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