Issue
1
Whether the taxpayer, who correctly states that they are a non-resident on their tax return but is incorrectly taxed as a resident, is subject to penalty tax under section 226G of the Income Tax Assessment Act 1936 (ITAA 1936) for failing to exercise reasonable care.
2
Whether the General Interest Charge (GIC) imposed under section 170AA (ITAA 1936) should be remitted under section 8AAG of the Taxation Administration Act 1953 (TAA 1953).