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Taxation Administration Act 2001

The Taxation Administration Act 2001 (TAA) deals with the administration of the Duties Act 2001, Payroll Tax Act 1971, Land Tax Act 1915 and the Community Ambulance Cover Act 2003.

History

Tax administration laws were introduced into Queensland within the provisions of the Stamp Act 1894

Each State developed separate administrative provisions for their revenue Acts. The Revenue Laws (Reciprocal Powers) Act 1988 also contained additional administrative provisions. This resulted in duplication and inconsistencies in the way each Act was applied.

'The how, why and when of the mechanical process of the payment of duties'

The TAA was designed to replace the existing provisions with a simpler, more consistent, administrative framework. Benefits of the TAA included streamlined tax administration, greater certainty in how the law was applied and reduced compliance costs to Queensland taxpayers. It was intended to support the operation of the existing revenue laws.

The main provisions of the TAA deal with:

  • assessments (including self assessments and reassessments)
  • review of tax decisions
  • payments, refunds and collection of tax
  • interest and penalty tax
  • investigations and information disclosure
  • record keeping
  • enforcement and legal proceedings.

The TAA was described by Mr Horan (then leader of the Opposition) in 2001 as 'the how, why and when of the mechanical process of the payment of duties.'

Second Reading speech

The following are extracts from the Second Reading speech by the Deputy Premier, Treasurer and Minister for Sport, Terence M Mackenroth, who introduced the Taxation Administration Bill into the Legislative Assembly on 17 October 2001.

'Simplicity and certainty, efficiency and equity are the hallmarks of a good tax. The Taxation Administration Bill 2001 supports delivery on these criteria as it modernises Queensland's tax administration legislation and provides a platform for further improvements in tax administration into the future. This is a significant step forward for tax administration in Queensland.

A lot has changed since the Stamp Act 1894 was passed over 107 years ago. Gone are the days of dies, adhesive stamps, and of physical lodgement of voluminous tomes of legal documentation with the Commissioner of Stamp Duties. Gone, too, are the days of uncertainty, of complex legislation, and of the associated compliance costs. 'Simplicity and certainty, efficiency and equity are the hallmarks of a good tax'

Increasingly, technology, particularly the Internet, is playing an important role in simplifying and streamlining business processes and commercial transactions. The Bill recognises this and provides flexibility for the future.

The Taxation Administration Bill 2001 establishes for the first time a robust and effective regime for the making of self assessments. The Bill also provides clear, consistent and effective rights of review of assessment decisions through an objection and improved appeal process.

'This is a significant step forward for tax administration in Queensland'

Taxpayers will also be pleased to see that the Bill adopts a compensatory, rather than punitive, model for the imposition of unpaid tax interest. This encourages taxpayers to pay their tax liabilities on time and compensates the revenue for any period that tax has not been paid.

The Taxation Administration Bill 2001 adopts a consistent approach to standard features of tax administration, facilitating self-assessment and the use of electronic business options across all tax streams. The adoption of a consistent, integrated approach is expected to deliver significant benefits to both taxpayers and Government by providing a basis for ongoing improvements in tax administration, as well as clear guidelines for taxpayers in meeting their obligations.'