The Commissioner:
- must make an assessment if the taxpayer has a tax liability which is not required or permitted to be accounted for by return
- may make an assessment where the assessment is required or permitted to be accounted for by return
- may make an assessment where the taxpayer's liability is nil.
The Commissioner will make an assessment on the basis of the relevant information available.
Compromise assessments - The Commissioner may enter into a written agreement with a taxpayer regarding tax liability if it is difficult or impractical to accurately determine tax liability. For example: In cases where the volume of transactions associated with a matter means an accurate determination of tax liability could take a long time given the amount of tax involved.
Default assessments - The Commissioner may issue a default assessment where:
- a taxpayer fails to comply with an information or lodgement requirement. For example: The taxpayer delays lodging information
- the Commissioner is not satisfied with the information or documents lodged
or
- the Commissioner does not have sufficient information to make an assessment.
The assessment shall be made for the amount the Commissioner reasonably believes to be the taxpayer's tax liability.