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20 June 2021

If you are subject to an audit, for let's say 8 years, from 2009 to 2016, and you have a year right smack bang in the middle that the Commissoner finds himself unable to object to, for arguments sake let's pretend it's 2013, how does the Commissioner view this year?

Because 2013 finds itself in a sort of 'Commissioner's No Mans Land' is it automatically assumed that the return that you lodged for that financial year is correct?

What to you do if, in the process on conducting a covert audit, the Commissioner creates a scenario in relation to your financial activity in the 'Untouchable Year' that is incorrect, and at objection the Commissioner refuses to make amendments despite being provided with irrefutable evidence? That being the case would that not be misfeasance?

Because the Commissioner is unable to object to the 'Voldamort Year' is it then automatically assumed that the return that you lodged for that financial year is correct?

If the above is indeed how the Commissioner treats that 'Don't Make Eye Contact With It And It Might Go Away Year' is he then required to amend his calculations for the years before and after to enable a logical flow?

Just asking for a friend :-)

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Most helpful reply

20 June 2021

Setting aside fraud (which has no amendment time limit), if the time to amend passes, then a tax return is locked and can't be changed.

If that is 2013, that doesn't mean the ATO won't amend 2012 (assuming the time period for that year has not passed) to get the correct outcome for that year. There is no law that says the returns need to "flow"

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Most helpful reply

20 June 2021

Setting aside fraud (which has no amendment time limit), if the time to amend passes, then a tax return is locked and can't be changed.

If that is 2013, that doesn't mean the ATO won't amend 2012 (assuming the time period for that year has not passed) to get the correct outcome for that year. There is no law that says the returns need to "flow"

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