Driscoll and Commissioner of Taxation (Taxation)

The Administrative Appeals Tribunal considered the matter of Driscoll and the Commissioner of Taxation concerning a self-managed superannuation fund. The dispute centred on the Commissioner's discretion to issue a Notice of Compliance for the 2009 financial year, following alleged contraventions of regulatory provisions by the trustee.

The Tribunal was required to determine whether the trustee had contravened the regulatory provisions applicable to the superannuation fund, specifically in relation to the "sole purpose" test and the late lodgement of returns. The Tribunal also had to consider the seriousness of any contraventions and, based on these findings, whether to exercise its discretion to issue a Notice of Compliance.

The Member, Mr Rob Reitano, reasoned that the discretion to issue a Notice of Compliance for the 2009 year should not be exercised. This decision was based on the contraventions identified, which were considered sufficiently serious to warrant affirming the Commissioner's decision. The Tribunal affirmed the decision under review.