Admin penalties of 75{256a07afe6cf75b7e23500f37551d0affdf8bab65b8226b57f0b6b9aa6c8fc70} for failing to lodge FBT returns

The AAT has confirmed that 75{256a07afe6cf75b7e23500f37551d0affdf8bab65b8226b57f0b6b9aa6c8fc70} administrative penalties werenrightfully imposed on several companies for their failure to lodge FBT returnsnover a four-year period. The AAT found that the Commissioner of Taxation wasnobliged to impose a 75{256a07afe6cf75b7e23500f37551d0affdf8bab65b8226b57f0b6b9aa6c8fc70} administrative penalty because the FBT returns were notnlodged, and that the “safe harbour” provisions did not apply to such annadministrative penalty.


The AAT also found that it was not appropriate to exercise itsndiscretion to remit the penalties in part or whole under the circumstances. ThenAAT relied on the criteria in Practice Statement Law Administration PS LAn2014/4 in arriving at its decision.

Important: Clients should not act solely on the basis of the material contained in Update. Items herein are general comments only and do not constitute or convey advice per se. Also, changes in legislation may occur quickly. We therefore recommend that our formal advice be sought before acting in any of the areas. This update is issued as a helpful guide to clients and for their private information.

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