Commonwealth Consolidated Regulations

CHILD SUPPORT (ASSESSMENT) REGULATIONS 1989 - REG 7

         (1)   For paragraphs 56 (2) (b) and (c) of the Act, the following provisions and circumstances are prescribed:

                (a)    sections 78A, 82KJ, 82KK, 82KL, 136AF and 177F of the Tax Act;

               (b)    a provision that is a prescribed provision within the meaning of subsection 170 (14) of the Tax Act;

                (c)    the circumstances in which subsection 170 (9B) of the Tax Act applies.

         (2)   The following circumstance is also prescribed for paragraph
56 (2) (c) of the Act:

                (a)    the Commissioner has written to a person (the taxpayer ):

                          (i)    about an announcement by the Commissioner, on
14 February 2002, allowing taxpayers who were investors in schemes identified by the Commissioner as mass marketed tax effective schemes a deduction for certain actual cash outlays; and

                         (ii)    proposing to amend the tax assessment of the taxpayer to the effect that the taxable income of the taxpayer for a particular year of income is reduced, taking into account that kind of cash outlay; and

               (b)    the taxpayer has responded, accepting the Commissioner's proposal; and

                (c)    the Commissioner has later amended the tax assessment of the taxpayer, making a reduction in the taxable income of the taxpayer for the year of income in accordance with the Commissioner's proposal.

         (3)   For paragraph 57 (7) (a) of the Act, the following circumstances are prescribed:

                (a)    the circumstance in which a tax assessment under the Tax Act could be amended to give effect to the provisions of the Tax Act; or

               (b)    the circumstances mentioned in paragraph (1) (c) or subregulation (2).