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Taxation Determination

TD 94/68


Income tax: who is responsible for lodgment of a company income tax return if both a receiver/manager and a liquidator have been appointed ?

Attention Please note that the PDF version is the authorised version of this ruling.

FOI status: may be released

This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953 , is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, this Determination applies to years commencing both before and after its date of issue. However, this Determination does not apply to taxpayers to the extent that it conflicts with the terms of a settlement of a dispute agreed to before the date of issue of the Determination (see paragraphs 21 and 22 of Taxation Ruling TR 92/20).

1. A receiver/manager and a liquidator each satisfies the definition of 'trustee' in subsection 6(1) of the Income Tax Assessment Act 1936 . Therefore, each is legally responsible for lodging the return under the provisions of paragraphs 254(1)(a) and (b).

2. However, the Commissioner acknowledges that under certain appointments, the receiver/manager does not have control of the financial records. In these cases, the Commissioner would look to the liquidator for lodgment.

3. In other cases, the receiver/manager and the liquidator have equal control of the financial records. In these cases, the Commissioner accepts the usual commercial practice that the liquidator lodges the return.

Commissioner of Taxation

4/8/94

Previously issued as Draft TD 92/D192



References

ATO references:
NO  SYD/DTD/92/25

ISSN 1038 - 8982

Subject references:
lodgment requirements;
liquidators;
official receivers;
tax returns;
trustees

Legislative references:
ITAA 6(1);
ITAA 254(1)(a) and (b)

 


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