s. 31 (2A) The Commissioner may increase the amount of S. 30(2A) penalty tax payable in respect of a notification inserted by No. 83/2009 default to 75% of the additional amount of tax that s. 32(2). the taxpayer would have been assessed as liable to pay had the notification default not occurred if the Commissioner is satisfied that the notification default was caused wholly or partly by the intentional disregard by the taxpayer (or a person acting on behalf of the taxpayer) of section 46K or 104A of the Land Tax Act 2005 (as the case requires). (3) The Commissioner may determine that no penalty S. 30(3) amended by tax is payable in respect of a tax default or No. 83/2009 notification default if the Commissioner is s. 32(3)(a). satisfied that— (a) the taxpayer (or a person acting on behalf of the taxpayer) took reasonable care to comply with the taxation law; or (b) the default occurred solely because of S. 30(3)(b) amended by circumstances beyond the taxpayer's control No. 83/2009 (or, if a person acted on behalf of the s. 32(3)(b). taxpayer, because of circumstances beyond either the person's or the taxpayer's control) but not amounting to financial incapacity. 31 Reduction in penalty tax for disclosure before or during investigation (1) The amount of penalty tax determined under S. 31(1) amended by section 30 is to be reduced by 80% if, before the Nos 36/2005 Commissioner commences an investigation into a s. 36(1), 33/2007 known or suspected tax default or notification s. 9(1), default by the taxpayer, the taxpayer voluntarily 83/2009 s. 33(1). discloses to the Commissioner, in writing, sufficient information to enable the nature and extent of the default to be determined.
S. 30(2A) inserted by No. 83/2009 s. 32(2). (2A) The Commissioner may increase the amount of penalty tax payable in respect of a notification default to 75% of the additional amount of tax that the taxpayer would have been assessed as liable to pay had the notification default not occurred if the Commissioner is satisfied that the notification default was caused wholly or partly by the intentional disregard by the taxpayer (or a person acting on behalf of the taxpayer) of section 46K or 104A of the Land Tax Act 2005 (as the case requires). S. 30(3) amended by No. 83/2009 s. 32(3)(a). (3) The Commissioner may determine that no penalty tax is payable in respect of a tax default or notification default if the Commissioner is satisfied that— (a) the taxpayer (or a person acting on behalf of the taxpayer) took reasonable care to comply with the taxation law; or S. 30(3)(b) amended by No. 83/2009 s. 32(3)(b). (b) the default occurred solely because of circumstances beyond the taxpayer's control (or, if a person acted on behalf of the taxpayer, because of circumstances beyond either the person's or the taxpayer's control) but not amounting to financial incapacity. 31 Reduction in penalty tax for disclosure before or during investigation s. 31 S. 31(1) amended by Nos 36/2005 s. 36(1), 33/2007 s. 9(1), 83/2009 s. 33(1). (1) The amount of penalty tax determined under section 30 is to be reduced by 80% if, before the Commissioner commences an investigation into a known or suspected tax default or notification default by the taxpayer, the taxpayer voluntarily discloses to the Commissioner, in writing, sufficient information to enable the nature and extent of the default to be determined.