Western Australian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMONWEALTH PLACES (MIRROR TAXES ADMINISTRATION) REGULATIONS 2007 - REG 4

4 .         Modification of State taxing laws

        (1)         For the purposes of section 7(2) of the Act, each State taxing law is taken to be modified to the extent necessary to give effect to subregulation (2).

        (2)         If —

            (a)         a State taxing law applies, or could apply, to any extent, to or in relation to an event, state of affairs or transaction, and the corresponding applied law also applies, or could apply, to any extent, to or in relation to the same event, state of affairs or transaction; and

            (b)         a person is required or permitted, or could be required or permitted, to take an action under both the State taxing law and the corresponding applied law in relation to the event, state of affairs or transaction; and

            (c)         the person has taken the action in accordance with the corresponding applied law; and

            (d)         the Commissioner of State Revenue has sufficient information about the event, state of affairs or transaction to carry out his or her functions in relation to it under the State taxing law or the corresponding applied law or both, as the case requires,

                then —

            (e)         the person is not required to take the action under the State taxing law; and

            (f)         the Commissioner may carry out his or her functions in relation to the event, state of affairs or transaction as if the person had taken whatever action is required or permitted under the State taxing law in relation to the event, state of affairs or transaction.

        (3)         The particular modifications set out in these regulations of certain State taxing laws have effect for the purposes of section 7(2) of the Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback