South Australian Consolidated Acts South Australian Consolidated Acts11—Instruments and returns to include all relevant information
(1) A taxpayer and any
tax agent of the taxpayer must ensure that there is included in an instrument
that is liable to tax, or in a statement that is produced to the Commissioner
together with the instrument prior to payment of tax, all information
necessary for a proper assessment of the tax liability of the taxpayer in
respect of the instrument.
Maximum penalty: $10 000.
(2) A taxpayer and any
tax agent of the taxpayer must ensure that there is included in a return
required to be lodged with the Commissioner under a taxation law, in addition
to the information required under that taxation law, any further information
necessary for a proper assessment of the tax liability of the taxpayer in
respect of the return or the matters to which the return relates.
Maximum penalty: $10 000.
(3) It is a defence to
a charge of an offence against this section if it is proved—
(a) that
the defendant, being a taxpayer, reasonably relied on—
(i)
another person who was liable or required with the
defendant to pay the tax or lodge the return; or
(ii)
a tax agent (whether engaged by the defendant or any such
other person),
to ensure that the requirements of this section are satisfied; or
(b) that
the defendant, being a tax agent, reasonably relied on information supplied by
the taxpayer or by another person who was liable or required with the taxpayer
to pay the tax or lodge the return.
(4) In this
section—
"tax agent", in relation to a taxpayer, means a person engaged by the taxpayer
for fee or reward (otherwise than as an employee) who prepares, or assists in
the final preparation of, the instrument, statement or return on behalf of the
taxpayer.