Taxation Administration Act 1953 (Cth) s286-75: s 286-75 Liability to penalty for failing to lodge documents on time

An entity is liable to an administrative penalty if it is required under a taxation law to give a return, notice, statement or other document to the Commissioner in the approved form by a particular day and does not do so by that day (s 286-75(1)). The entity is not liable if it engaged a registered tax agent or BAS agent, gave that agent all relevant information in time, and the agent's failure to lodge did not result from the agent's intentional disregard of or recklessness about a taxation law, the entity bearing the evidential burden on the agent's engagement (s 286-75(1A), (1B)). A separate liability applies to a statement required to be given to another entity (not the Commissioner) under Division 390 by its due day (s 286-75(2A)).