Cox and Commissioner of Taxation (Taxation) [2020] AATA 3857

TAXATION – application for release from taxation liability – eligible and non-eligible taxation liabilities – Taxation Administration Act 1953 (Cth) – s 340-5 of Schedule 1 – Respondent conceded that Applicant taxpayer would suffer serious hardship if he were required to satisfy his taxation liabilities – meaning of phrase “serious hardship” – income/outgoing test – assets/liabilities test – other relevant factors in deciding whether to exercise discretion to grant release from taxation liabilities – Tribunal finds it is appropriate to exercise discretion to grant Applicant taxpayer release from eligible taxation liabilities – reviewable decision set aside and substituted

Full decision here