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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
A New Tax
System (Tax Administration) Bill 1999
No.
, 1999
(Treasury)
A
Bill for an Act to implement A New Tax System by amending the law about taxation
and Australian Business Numbers, and for related purposes
ISBN: 0642 408521
Contents
Part 1—Amendment of the Taxation Administration Act
1953 4
Part 2—Amendment of A New Tax System (Family Assistance)
(Administration) Act
1999 10
Part 3—Application and
saving 11
Part 1—Amendment of the Taxation Administration Act
1953 12
Part 2—Consequential amendment of
Acts 39
A New Tax System (Goods and Services Tax) Act
1999 39
Fringe Benefits Tax Assessment Act
1986 39
Income Tax Assessment Act
1936 40
Petroleum Resource Rent Tax Assessment Act
1987 50
Sales Tax Assessment Act
1992 51
Superannuation Contributions Tax (Assessment and Collection) Act
1997 52
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act
1997 53
Superannuation Guarantee (Administration) Act
1992 53
Taxation Administration Act
1953 54
Termination Payments Tax (Assessment and Collection) Act
1997 57
Tobacco Charges Assessment Act
1955 57
Wool Tax (Administration) Act
1964 58
Part 3—Saving
provisions 60
Part 1—Amendment of the Taxation Administration Act
1953 64
Part 2—Consequential amendment of
Act 81
Income Tax Assessment Act
1936 81
Part 1—Amendment of the Taxation Administration Act
1953 85
Part 2—Application of
amendments 94
Part
1—Amendments 95
Income Tax Assessment Act
1936 95
Social Security Act
1991 104
Social Security Administration Act
1999 105
Taxation Administration Act
1953 105
Veterans’ Entitlements Act
1986 107
Part 2—Application and
transitional 108
Part 1—Income Tax Assessment Act
1936 109
Part 2—Taxation Administration Act
1953 118
Part 3—Application of
amendments 122
Income Tax Assessment Act
1997 123
Income Tax Assessment Act
1997 140
Part 1—ABNs for government
entities 151
A New Tax System (Australian Business Number) Act
1999 151
Part 2—Changes relating to tax-deductible
gifts 152
A New Tax System (Australian Business Number) Act
1999 152
Part 3—Technical
correction 153
A New Tax System (Australian Business Number) Act
1999 153
Part 1—Amendment of the Taxation Administration Act
1953 154
Part 2—Amendment of other
Acts 165
A New Tax System (Pay As You Go) Act
1999 165
Income Tax Assessment Act
1936 165
Aboriginal Land Rights (Northern Territory) Act
1976 167
Bankruptcy Act
1966 167
Child Support (Registration and Collection) Act
1988 167
Crimes (Taxation Offences) Act
1980 168
Defence Act
1903 169
Higher Education Funding Act
1988 169
Income Tax Assessment Act
1936 169
Income Tax Assessment Act
1997 182
Income Tax Rates Act
1986 188
Public Service Act
1922 188
Social Security Act
1991 188
Taxation Administration Act
1953 189
Taxation (Interest on Overpayments and Early Payments) Act
1983 189
Veterans’ Entitlements Act
1986 189
A New Tax System (Goods and Services Tax) Act
1999 191
Income Tax Assessment Act
1936 191
Taxation Administration Act
1953 192
Taxation (Interest on Overpayments and Early Payments) Act
1983 198
Taxation Administration Act
1953 202
A New Tax System (Goods and Services Tax) Act
1999 205
A New Tax System (Wine Equalisation Tax) Act
1999 206
Taxation Administration Act
1953 206
Crimes (Taxation Offences) Act
1980 208
Higher Education Funding Act
1988 208
Income Tax Assessment Act
1936 208
Income Tax Assessment Act
1997 212
Taxation (Interest on Overpayments and Early Payments) Act
1983 212
Income Tax Assessment Act
1936 216
A Bill for an Act to implement A New Tax System by
amending the law about taxation and Australian Business Numbers, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the A New Tax System (Tax Administration) Act
1999.
(1) Subject to this section, this Act commences, or is taken to have
commenced, immediately after the commencement of section 1 of the A New Tax
System (Pay As You Go) Act 1999.
(2) Item
20 of Schedule 12 commences immediately after the commencement of item 1 of
Schedule 2.
(3) Item 3 of Schedule 2 commences immediately after the commencement of
item 20 of Schedule 12.
(4) Schedule 3 commences immediately after the commencement of item 3 of
Schedule 2.
(5) Schedule 4 commences immediately after the commencement of Schedule
3.
(6) Item 4 of Schedule 2 commences immediately after the commencement of
Schedule 4.
(7) The following provisions commence on the day on which this Act
receives the Royal Assent:
(a) section 1, this section and section 3;
(b) Part 2 of Schedule 5, and the amendments of the Taxation
Administration Act 1953 made by Part 1 of that Schedule;
(c) items 1 to 22 and 24 of Schedule 6;
(d) Schedules 7, 8, 9 and 17;
(e) items 16 and 20 of Schedule 18.
(8) Items 94 to 102 of Schedule 2 commence immediately after the
commencement of the A New Tax System (Indirect Tax Administration) Act
1999.
(9) The following provisions commence on 1 July 2000:
(a) the provisions of Schedule 5 (other than Part 2 of that Schedule and
the amendments of the Taxation Administration Act 1953 made by Part 1 of
that Schedule);
(b) Schedule 11 (other than item 44).
(10) If item 4 of Schedule 7 would, apart from this subsection, commence
after (or at the same time as) item 10 of Schedule 5 to the Taxation Laws
Amendment Act (No. 8) 1999, it is taken to have commenced immediately before
the commencement of item 10 of Schedule 5 to that Act. This has effect despite
paragraph (7)(d).
(11) Subsection 2(1A) of the A New Tax System (Pay As You Go) Act
1999 (inserted by item 19 of Schedule 10 to this Act) commences, or is taken
to have commenced, at the commencement of section 1 of that Act.
(12) Schedules 12 and 15 commence, or are taken to have commenced, at the
commencement of the A New Tax System (Goods and Services Tax) Act
1999.
(13) Items 2, 3
and 4 of Schedule 13 commence immediately after the commencement of item 34 of
Schedule 16.
(14) Items 4, 5, 17, 21 and 32 of Schedule 18 commence, or are taken to
have commenced, at the commencement of the A New Tax System (Goods and
Services Tax) Act 1999.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Part
1—Amendment of the Taxation
Administration Act 1953
1 Section 14-15
Repeal the link note, substitute:
Table of Subdivisions
Guide to Division 15
15-A Working out how much to withhold
15-B Withholding schedules and regulations
15-C Declarations
This Division is mainly about how to work out how much an entity must
withhold under Division 12.
In most cases, the entity will need to use either the Commissioner’s
withholding schedules or the regulations.
The entity will also need to take into account a TFN declaration or
declaration under section 15-50 it has been given because, under the schedules
and regulations, the declaration may affect how to calculate the amount to
withhold.
This Division also deals with when an individual can make such a
declaration (other than a TFN declaration) so as to change the amount that must
be withheld from payments to the individual.
Table of sections
15-10 How much to withhold
15-15 Variation of amounts required to be
withheld
(1) The amount that Subdivision 12-B, 12-C or 12-D requires to be withheld
from a payment is to be worked out under the withholding schedules made under
section 15-25. However, if the regulations prescribe how the amount is to be
worked out, then it is to be worked out under the regulations.
Note 1: A TFN declaration, declaration under section 15-50
or voluntary agreement may affect how much is required to be withheld under the
withholding schedules or regulations.
Note 2: The Commissioner may vary an amount required to be
withheld. See section 15-15.
(2) The amount that Subdivision 12-E, 12-F or 12-G (except one covered by
section 12-325) requires to be withheld from a payment is to be worked out under
the regulations.
Note 1: The amount that section 12-325 requires to be
withheld is worked out under that section.
Note 2: The Commissioner may vary an amount required to be
withheld. See section 15-15.
(1) The Commissioner may, for the purposes of meeting the special
circumstances of a particular case or class of cases, vary the
*amount required to be withheld by an entity
from a *withholding payment (except a
withholding payment covered by section 12-140 or 12-145). If the Commissioner
does so, the amount is varied accordingly.
Note: Section 12-140 is about a payment arising from an
investment where the recipient does not quote its tax file number (or, in some
cases, its ABN). Section 12-145 is about an investor becoming presently entitled
to income of a unit trust.
(2) The Commissioner’s power to vary an amount includes the power to
reduce the amount to nil.
(3) A variation must be made by a written notice:
(a) if it applies to a particular entity—that is given to that
entity; or
(b) if it applies to a class of entities—that is given to each of
the entities, or a copy of which is published in the Gazette.
Table of sections
15-25 Commissioner’s power to make withholding
schedules
15-30 Matters to be considered when making withholding
schedules
15-35 Regulations about withholding
(1) For the purposes of collecting income tax and the other liabilities
referred to in paragraphs 11-1(b) and (c), the Commissioner may make one or more
withholding schedules specifying the amounts, formulas and procedures to be used
for working out the *amount required to be
withheld by an entity from a *withholding
payment covered by Subdivision 12-B, 12-C or 12-D.
(2) A withholding schedule may deal differently with:
(a) different payments; and
(b) different circumstances of the recipients of those payments;
and
(c) different periods in respect of which those payments are
made.
This subsection does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
(3) The Commissioner may withdraw a withholding schedule.
(4) A withholding schedule, or the withdrawal of a withholding
schedule:
(a) only applies if a notice of it is published in the Gazette;
and
(b) only applies in relation to payments made after the day the notice is
published, or after such later day as is specified by the Commissioner in the
notice.
(5) The Commissioner must make each withholding schedule publicly
available.
The Commissioner must have regard to the following matters
when making a withholding schedule:
(a) the rates of income tax as specified in the Income Tax Rates Act
1986;
(b) the rates of Medicare levy as specified in the Medicare Levy Act
1986;
(c) the rates specified in section 106Q (about repayments of accumulated
HEC debts) of the Higher Education Funding Act 1988;
(d) any prescribed *tax
offsets;
(e) the family tax benefit (within the meaning of the A New Tax System
(Family Assistance) Act 1999);
(f) the periods in respect of which
*withholding payments are made;
(g) any other prescribed matter.
(1) For the purposes of collecting income tax and the other liabilities
referred to in section 11-1, the regulations may specify the amounts, formulas
and procedures to be used for working out the
*amount required to be withheld by an entity
from a *withholding payment covered by Division
12 (except one covered by section 12-325).
(2) The regulations may deal differently with:
(a) different payments; and
(b) different circumstances of the recipients of those payments;
and
(c) different periods in respect of which those payments are
made.
This subsection does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Table of sections
15-50 Declarations
Declarations about prescribed matters
(1) An individual who:
(a) expects to receive a *withholding
payment covered by Subdivision 12-B, 12-C or 12-D from an entity; and
(b) wishes to have a prescribed matter relating to the individual’s
income tax or other liability referred to in paragraph 11-1(b) or (c) taken into
account by the entity in working out the
*amount required to be withheld from the
payment;
may give the entity a declaration about the matter in the
*approved form.
When declarations under subsection (1) can’t be
given
(2) The individual cannot give a declaration under subsection (1)
unless:
(a) a *TFN declaration is in effect
between the individual and the entity, or a
*voluntary agreement covers the payment;
and
(b) if the individual has given another entity a declaration on a
prescribed matter—that declaration is not in effect.
Declarations changing information given in TFN declaration
(3) If:
(a) an individual has given a *TFN
declaration to an entity; and
(b) the individual made a statement about a prescribed matter in the TFN
declaration; and
(c) the individual’s circumstances change in relation to the
matter;
the individual may give the entity a declaration about the matter in the
*approved form.
Regulations
(4) The regulations may prescribe:
(a) the matters about which a declaration under subsection (1) or (3) may
be given; and
(b) when a declaration under subsection (1) or (3) starts or ceases to be
in effect; and
(c) when a declaration under subsection (1) or (3) is taken to have been
given.
(5) If:
(a) an individual gives an entity a declaration under subsection (1) or
(3) about a matter; and
(b) the individual’s circumstances change in relation to the
matter;
the regulations may also prescribe when the individual must give the entity
a new declaration about the matter.
2 Group heading before section 16-5 in Schedule
1
Repeal the heading, substitute:
3 Section 16-10 in Schedule
1
Repeal the section.
4 Section 16-15 in Schedule
1
Repeal the section.
Part
2—Amendment of A New Tax
System (Family Assistance) (Administration) Act 1999
5 Paragraph 10(5)(a)
Omit “an employment”, substitute “a”.
6 Subparagraph 10(5)(a)(i)
Omit “the Income Tax Regulations”, substitute “section
15-50 in Schedule 1 to the Taxation Administration Act
1953”.
7 Application of amendments
(1) The amendments made by Part 1 apply in relation to a payment made on or
after 1 July 2000.
(2) A declaration under section 15-50 in Schedule 1 to the Taxation
Administration Act 1953 can only be given on or after 1 July 2000.
(3) The amendments made by Part 2 apply to a declaration under section
15-50 in Schedule 1 to the Taxation Administration Act 1953 that is
given, or taken to have been given, on or after 1 July 2000.
8 Saving of declarations
A declaration that is effective under Subdivision 2 of Division 2 of Part 7
of the Income Tax Regulations 1936 immediately before 1 July 2000
continues to have effect as if it were a declaration under section 15-50 in
Schedule 1 to the Taxation Administration Act 1953 given on 1 July
2000.
Part
1—Amendment of the Taxation
Administration Act 1953
[The
next Division is Division 250.]
Table of Subdivisions
250-A Guide to Part 4-15
250-B Object of this Part
This Part deals with the methods by which the Commissioner may collect and
recover amounts of taxes and other liabilities.
These rules may affect you if you are liable to pay an amount of a
tax-related liability (see, for example, Division 255). Some of the rules may
also affect you because of your relationship with someone else who is liable for
such an amount (see Division 260).
250-5 Some important concepts about tax-related
liabilities
250-10 Summary of tax-related liabilities
(1) A tax-related liability may arise for an entity before it becomes due
and payable by that entity.
Example: Under Part 2-5, an entity’s liability to pay
a withheld amount may arise before the amount is due and
payable.
(2) For some tax-related liabilities, an assessment needs to be made
before the amount of the relevant liability becomes due and payable.
Example: Under Division 1 of Part VI of the Income Tax
Assessment Act 1936, an amount of income tax needs to be assessed before it
becomes due and payable.
(3) An amount of a tax-related liability may become payable by an entity
(for example, when the amount has been assessed) before it is due and payable by
that entity.
(1) The following table is an index of each tax-related liability under
the Income Tax Assessment Act 1936. The key provision for the liability,
as set out in the table, specifies when the liability becomes due and
payable.
Note: The Commissioner may vary the time at which the amount
becomes due and payable. See Subdivision 255-B.
|
Tax-related liabilities under the Income Tax Assessment Act
1936 |
||
|---|---|---|
|
Item |
Topic |
Provision |
|
5 |
ultimate beneficiary non-disclosure tax |
102UO |
|
10 |
withholding tax on dividend, interest or royalty |
128C(1) |
|
15 |
special tax payable on dealings by offshore banking units |
128NB(3) |
|
20 |
mining withholding tax |
128W(1) |
|
25 |
untainting tax |
160ARDZ |
|
30 |
franking deficit tax |
160ARU(1) |
|
35 |
franking deficit tax—part year assessment |
160ARU(2) |
|
40 |
deficit deferral tax |
160ARUA |
|
45 |
franking additional tax |
160ARV |
|
50 |
late lodgment penalty |
163A(3) |
|
55 |
income tax, including any liability taken to be income tax for the purposes
of section 204 |
204 |
|
60 |
TFN withholding tax |
221YHZW |
|
65 |
estimate of unremitted amounts |
222AGB(2) |
|
70 |
amount payable under a payment agreement |
222ALA |
|
75 |
penalty under Subdivision B of Part 9 |
222AOE |
|
80 |
penalty under Subdivision C of Part 9 |
222APE |
|
85 |
penalty for failing to ensure that a company complies with a payment
agreement |
222AQA |
|
90 |
family trust distribution tax |
271-75 in Schedule 2F |
(2) The following table is an index of each tax-related liability under
other Acts. The key provision for the liability, as set out in the table,
specifies when the liability becomes due and payable.
Note: The Commissioner may vary the time at which the amount
becomes due and payable. See Subdivision 255-B.
|
Tax-related liabilities under other legislation |
|||
|---|---|---|---|
|
Item |
Topic |
Provision |
Act |
|
5 |
net amount, including amounts in respect of luxury car tax and wine
equalisation tax |
33-5 |
A New Tax System (Goods and Services Tax) Act 1999 |
|
10 |
amount of GST on importations |
33-15 |
A New Tax System (Goods and Services Tax) Act 1999 |
|
15 |
amount of luxury car tax on importation |
13-20 |
A New Tax System (Luxury Car Tax) Act 1999 |
|
20 |
amount of wine tax on customs dealings |
23-5 |
A New Tax System (Wine Equalisation Tax) Act 1999 |
|
25 |
fringe benefits tax |
90(1) |
Fringe Benefits Tax Assessment Act 1986 |
|
30 |
additional tax under Part VIII |
90(2) |
Fringe Benefits Tax Assessment Act 1986 |
|
35 |
fringe benefits tax instalments |
103 |
Fringe Benefits Tax Assessment Act 1986 |
|
40 |
petroleum resource rent tax and additional tax |
82 |
Petroleum Resource Rent Tax Assessment Act 1987 |
|
45 |
petroleum resource rent tax instalments |
95 |
Petroleum Resource Rent Tax Assessment Act 1987 |
|
50 |
superannuation contributions surcharge |
15(3) |
Superannuation Contributions Tax (Assessment and Collection) Act
1997 |
|
55 |
superannuation contributions surcharge |
15(8) |
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 |
|
60 |
superannuation guarantee charge |
46 |
Superannuation Guarantee (Administration) Act 1992 |
|
65 |
additional superannuation guarantee charge |
47 |
Superannuation Guarantee (Administration) Act 1992 |
|
70 |
general interest charge |
8AAE |
Taxation Administration Act 1953 |
|
75 |
failure to notify penalty |
8AAL |
Taxation Administration Act 1953 |
|
80 |
late reconciliation statement penalty |
8AAR |
Taxation Administration Act 1953 |
|
85 |
RBA deficit debt |
8AAZH(1) |
Taxation Administration Act 1953 |
|
90 |
administrative overpayment made by Commissioner |
8AAZN |
Taxation Administration Act 1953 |
|
95 |
penalty under Division 4 of Part VI |
47 |
Taxation Administration Act 1953 |
|
100 |
penalty for failure to withhold |
16-30(2) and 16-40(2) in Schedule 1 |
Taxation Administration Act 1953 |
|
105 |
payment of withheld amount to Commissioner |
16-75 in Schedule 1 |
Taxation Administration Act 1953 |
|
110 |
additional withholding tax |
16-200(2) in Schedule 1 |
Taxation Administration Act 1953 |
|
115 |
quarterly PAYG instalment |
45-60 in Schedule 1 |
Taxation Administration Act 1953 |
|
120 |
annual PAYG instalment |
45-70 in Schedule 1 |
Taxation Administration Act 1953 |
|
125 |
general interest charge on shortfall in quarterly instalment worked out on
basis of varied rate |
45-230(4) in Schedule 1 |
Taxation Administration Act 1953 |
|
130 |
general interest charge on shortfall in quarterly instalment worked out on
basis of estimated benchmark tax |
45-232 in Schedule 1 |
Taxation Administration Act 1953 |
|
135 |
general interest charge on shortfall in annual instalment |
45-235(5) in Schedule 1 |
Taxation Administration Act 1953 |
|
140 |
civil penalty expressed in penalty units |
298-15 in Schedule 1 |
Taxation Administration Act 1953 |
|
145 |
termination payment surcharge |
11(2) |
Termination Payments Tax (Assessment and Collection) Act
1997 |
|
150 |
tobacco charge |
17(1) |
Tobacco Charges Assessment Act 1955 |
|
155 |
additional charge |
17(1A) |
Tobacco Charges Assessment Act 1955 |
|
160 |
wool tax |
36(1) |
Wool Tax (Administration) Act 1964 |
|
165 |
additional tax |
36(2) |
Wool Tax (Administration) Act 1964 |
The object of this Part is to ensure that unpaid amounts of
*tax-related liabilities and other related
amounts are collected or recovered in a timely manner.
[The next Division is Division 255.]
Table of Subdivisions
255-A Tax-related liabilities
255-B Commissioner’s power to vary payment time
255-C Recovery proceedings
Table of sections
255-1 Meaning of tax-related
liability
255-5 Recovering a tax-related liability that is due and
payable
A tax-related liability is a pecuniary liability to the
Commonwealth arising directly under a *taxation
law (including a liability the amount of which is not yet due and
payable).
Note 1: See section 250-10 for an index of tax-related
liabilities.
Note 2: A taxation law, or a provision of it, may be
excluded from being applied to this Part. See section 265-65.
(1) An amount of a *tax-related liability
that is due and payable:
(a) is a debt due to the Commonwealth; and
(b) is payable to the Commissioner.
(2) The Commissioner, a Second Commissioner or a Deputy Commissioner may
sue in his or her official name in a court of competent jurisdiction to recover
an amount of a *tax-related liability that
remains unpaid after it has become due and payable.
Note: The tables in section 250-10 set out each provision
that specifies when an amount of a tax-related liability becomes due and
payable. The Commissioner may vary that time under Subdivision
255-B.
Table of sections
255-10 To defer the payment time
255-15 To permit payments by instalments
255-20 To bring forward the payment time in certain
cases
(1) The Commissioner may, having regard to the circumstances of your
particular case, defer the time at which an amount of a
*tax-related liability is, or would become, due
and payable by you (whether or not the liability has already arisen). If the
Commissioner does so, that time is varied accordingly.
Note: General interest charge or any other relevant penalty,
if applicable for any unpaid amount of the liability, will begin to accrue from
the time as varied. See, for example, paragraph 204(3)(a) of the Income Tax
Assessment Act 1936.
(2) The Commissioner must do so by written notice given to you.
(1) The Commissioner may, having regard to the circumstances of your
particular case, permit you to pay an amount of a
*tax-related liability by instalments under an
*arrangement between you and the Commissioner
(whether or not the liability has already arisen).
(2) The *arrangement does not vary the
time at which the amount is due and payable.
Note: Despite an arrangement under this section, any general
interest charge or other relevant penalty, if applicable for any unpaid amount
of the liability, begins to accrue when the liability is due and payable under
the relevant taxation law, or at that time as varied under section 255-10 or
255-20.
(1) If the Commissioner reasonably believes that you may leave Australia
before the time at which an amount of a
*tax-related liability becomes due and payable
by you, the Commissioner may bring that time forward. If the Commissioner does
so, that time is varied accordingly.
Note: General interest charge or any other relevant penalty,
if applicable for any unpaid amount of the liability, will begin to accrue from
the time as varied. See, for example, paragraph 204(3)(a) of the Income Tax
Assessment Act 1936.
(2) The
Commissioner must do so by written notice given to you.
This Subdivision deals with procedural and evidentiary matters relating to
proceedings to recover an amount of a tax-related liability.
Operative provisions
255-40 Service of documents if person absent from Australia
or cannot be found
255-45 Evidentiary certificate
255-50 Certain statements or averments
255-55 Evidence by affidavit
[This
is the end of the Guide.]
(1) This section applies if a document needs to be served on a person in
respect of a proceeding to recover an amount of a
*tax-related liability, and the Commissioner,
after making reasonable inquiries, is satisfied that:
(a) the person is absent from Australia and does not have any agent in
Australia on whom the document can be served; or
(b) the person cannot be found.
(2) The Commissioner may, without the court’s leave, serve the
document by posting it, or a sealed copy of it, in a letter addressed to the
person at any Australian address of the person (including the person’s
Australian place of business or residence) that is last known to the
Commissioner.
(1) A certificate:
(a) stating one or more of the matters covered by subsection (2);
and
(b) signed by the Commissioner, a Second Commissioner or a Deputy
Commissioner;
is prima facie evidence of the matter or matters in a proceeding to recover
an amount of a *tax-related
liability.
(2) A certificate may state:
(a) that a person named in the certificate has a
*tax-related liability; or
(b) that an *assessment relating to a
tax-related liability has been made, or is taken to have been made, under a
*taxation law; or
(c) that notice of an assessment, or any other notice required to be
served on a person in respect of an amount of a tax-related liability, was, or
is taken to have been, served on the person under a
*taxation law; or
(d) that the particulars of a notice covered by paragraph (c) are as
stated in the certificate; or
(e) that a sum specified in the certificate is, as at the date specified
in the certificate, a debt due and payable by a person to the
Commonwealth.
(1) In a proceeding to recover an amount of a
*tax-related liability, a statement or averment
about a matter in the plaintiff’s complaint, claim or declaration is prima
facie evidence of the matter.
(2) This section applies even if the matter is a mixed question of law and
fact. However, the statement or averment is prima facie evidence of the fact
only.
(3) This section applies even if evidence is given in support or rebuttal
of the matter or of any other matter.
(4) Any evidence given in support or rebuttal of the matter stated or
averred must be considered on its merits. This section does not increase or
diminish the credibility or probative value of the evidence.
(5) This section does not lessen or affect any onus of proof otherwise
falling on a defendant.
In a proceeding to recover an amount of a
*tax-related liability:
(a) a person may give evidence by affidavit; and
(b) the court may require the person to attend before it:
(i) to be cross-examined on that evidence; or
(ii) to give other evidence relating to the proceedings.
[The next Division is Division 260.]
Guide to Division 260
260-A From third party
260-B From liquidator
260-C From receiver
260-D From agent winding up business for non-resident principal
260-E From deceased person’s estate
This Division deals with the collection and recovery of an amount from a
person who is not personally liable to pay that amount. Apart from Subdivision
260-A, which covers a wider range of amounts, this Division primarily deals with
amounts of tax-related liabilities.
260-5 Commissioner may collect amounts from third
party
260-10 Notice to Commonwealth, State or
Territory
260-15 Indemnity
260-20 Offence
Amount recoverable under this Subdivision
(1) This Subdivision applies if any of the following amounts (the
debt) is payable to the Commonwealth by an entity (the
debtor) (whether or not the debt has become due and
payable):
(a) an amount of a *tax-related
liability;
(b) a judgment debt for a *tax-related
liability;
(c) costs for such a judgment debt;
(d) an amount that a court has ordered the debtor to pay to the
Commissioner following the debtor’s conviction for an offence against a
*taxation law.
Commissioner may give notice to an entity
(2) The Commissioner may give a written notice to an entity (the
third party) under this section if the third party owes or may
later owe money to the debtor.
Third party regarded as owing money in these circumstances
(3) The third party is taken to owe money (the available
money) to the debtor if the third party:
(a) is an entity by whom the money is due or accruing to the debtor;
or
(b) holds the money for or on account of the debtor; or
(c) holds the money on account of some other entity for payment to the
debtor; or
(d) has authority from some other entity to pay the money to the
debtor.
The third party is so taken to owe the money to the debtor even
if:
(e) the money is not due, or is not so held, or payable under the
authority, unless a condition is fulfilled; and
(f) the condition has not been fulfilled.
How much is payable under the notice
(4) A notice under this section must:
(a) require the third party to pay to the Commissioner the lesser of, or a
specified amount not exceeding the lesser of:
(i) the debt; or
(ii) the available money; or
(b) if there will be amounts of the available money from time to
time—require the third party to pay to the Commissioner a specified
amount, or a specified percentage, of each amount of the available money, until
the debt is satisfied.
When amount must be paid
(5) The notice must require the third party to pay an amount under
paragraph (4)(a), or each amount under paragraph (4)(b):
(a) immediately after; or
(b) at or within a specified time after;
the amount of the available money concerned becomes an amount owing to the
debtor.
Debtor must be notified
(6) The Commissioner must send a copy of the notice to the
debtor.
Setting-off amounts
(7) If an entity other than the third party has paid an amount to the
Commissioner that satisfies all or part of the debt:
(a) the Commissioner must notify the third party of that fact;
and
(b) any amount that the third party is required to pay under the notice is
reduced by the amount so paid.
If the third party is the Commonwealth, a State or a Territory, the
Commissioner may give the notice to a person who:
(a) is employed by the Commonwealth, or by the State or Territory (as
appropriate); and
(b) has the duty of disbursing public money under a law of the
Commonwealth, or of the State or Territory (as appropriate).
An amount that the third party pays to the Commissioner under this
Subdivision is taken to have been authorised by:
(a) the debtor; and
(b) any other person who is entitled to all or a part of the
amount;
and the third party is indemnified for the payment.
(1) The third party must not fail to comply with the Commissioner’s
notice.
Penalty: 20 penalty units
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(2) The court may, in addition to imposing a penalty on a person convicted
of an offence against subsection (1) in relation to failing to pay an amount
under the notice, order the person to pay to the Commissioner an amount not
exceeding that amount.
Table of sections
260-40 Subdivision does not apply to superannuation
guarantee charge
260-45 Liquidator’s obligation
260-50 Offence
260-55 Joint liability of 2 or more
liquidators
260-60 Liquidator’s other obligation or
liability
This Subdivision does not apply to a
*tax-related liability that is superannuation
guarantee charge imposed by the Superannuation Guarantee Charge Act
1992.
(1) This Subdivision applies to a person who becomes a liquidator of a
company.
(2) Within 14 days after becoming liquidator, the liquidator must give
written notice of that fact to the Commissioner.
(3) The Commissioner must, as soon as practicable, notify the liquidator
of the amount (the notified amount) that the Commissioner
considers is enough to discharge any
*outstanding tax-related liabilities that the
company has when the notice is given.
(4) The liquidator must not, without the Commissioner’s permission,
part with any of the company’s assets before receiving the
Commissioner’s notice.
(5) However, subsection (4) does not prevent the liquidator from parting
with the company’s assets to pay debts of the company not covered by
either of the following paragraphs:
(a) the *outstanding tax-related
liabilities;
(b) any debts of the company which:
(i) are unsecured; and
(ii) are not required, by an *Australian
law, to be paid in priority to some or all of the other debts of the
company.
(6) After receiving the Commissioner’s notice, the liquidator must
set aside, out of the assets available for paying amounts covered by paragraph
(5)(a) or (b) (the ordinary debts), assets with a value calculated
using the following formula:
where:
amount of remaining ordinary debts means the sum of the
company’s ordinary debts other than the
*outstanding tax-related liabilities.
(7) The liquidator must, in his or her capacity as liquidator, discharge
the *outstanding tax-related liabilities, to
the extent of the value of the assets that the liquidator is required to set
aside.
(8) The liquidator is personally liable to discharge the liabilities, to
the extent of that value, if the liquidator contravenes this section.
The liquidator must not fail to comply with subsection 260-45(2), (4),
(5), (6) or (7).
Penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
If there are 2 or more persons who become liquidators of the company, the
obligations and liabilities under this Subdivision:
(a) apply to all the liquidators; but
(b) may be discharged by any of them.
This Subdivision does not reduce any obligation or liability of a
liquidator arising elsewhere.
Table of sections
260-75 Receiver’s obligation
260-80 Offence
260-85 Joint liability of 2 or more
receivers
260-90 Receiver’s other obligation or
liability
(1) This Subdivision applies to a person (the receiver) who,
in the capacity of receiver, or of receiver and manager, takes possession of a
company’s assets for the company’s debenture holders.
(2) Within 14 days after taking possession of the assets, the receiver
must give written notice of that fact to the Commissioner.
(3) The Commissioner must, as soon as practicable, notify the receiver of
the amount (the notified amount) that the Commissioner considers
is enough to discharge any *outstanding
tax-related liabilities that the company has when the notice is given.
(4) The receiver must not, without the Commissioner’s permission,
part with any of the company’s assets before receiving the
Commissioner’s notice.
(5) However, subsection (4) does not prevent the receiver from parting
with the company’s assets to pay debts of the company not covered by
either of the following paragraphs:
(a) the *outstanding tax-related
liabilities;
(b) any debts of the company which:
(i) are unsecured; and
(ii) are not required, by an *Australian
law, to be paid in priority to some or all of the other debts of the
company.
(6) After receiving the Commissioner’s notice, the receiver must set
aside, out of the assets available for paying amounts covered by paragraph
(5)(a) or (b) (the ordinary debts), assets with a value calculated
using the following formula:
where:
amount of remaining ordinary debts means the sum of the
company’s ordinary debts other than the
*outstanding tax-related liabilities.
(7) The receiver must, in his or her capacity as receiver, or as receiver
and manager, discharge the *outstanding
tax-related liabilities, to the extent of the value of the assets that the
receiver is required to set aside.
(8) The receiver is personally liable to discharge the liabilities, to the
extent of that value, if the receiver contravenes this section.
The receiver must not fail to comply with subsection 260-75(2), (4), (5),
(6) or (7).
Penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
If 2 or more persons (the receivers) take possession of a
company’s assets, for the company’s debenture holders, in the
capacity of receiver, or of receiver and manager, the obligations and
liabilities under this Subdivision apply to:
(a) all the receivers; but
(b) may be discharged by any of them.
This Subdivision does not reduce any obligation or liability of the
receiver or receivers arising elsewhere.
Table of sections
260-105 Obligation of agent winding up business for
non-resident principal
260-110 Offence
260-115 Joint liability of 2 or more agents
260-120 Agent’s other obligation or
liability
(1) This Subdivision applies to an agent whose principal:
(a) is not an Australian resident; and
(b) has instructed the agent to wind up so much of the principal’s
business as is carried on in Australia.
(2) Within 14 days after receiving the instructions, the agent must give
written notice of that fact to the Commissioner.
(3) The Commissioner must, as soon as practicable after receiving the
notice, notify the agent of the amount (the notified amount) that
the Commissioner considers is enough to discharge any
*outstanding tax-related liabilities that the
principal has when the notice is given.
(4) Before receiving the Commissioner’s notice, the agent must not,
without the Commissioner’s permission, part with any of the
principal’s assets that are available for discharging the
*outstanding tax-related liabilities.
(5) After receiving the notice, the agent must set aside:
(a) out of the assets available for discharging the
*outstanding tax-related liabilities, assets to
the value of the notified amount; or
(b) all of the assets so available, if their value is less than the
notified amount.
(6) The agent must, in that capacity, discharge the
*outstanding tax-related liabilities, to the
extent of the value of the assets that the agent is required to set
aside.
(7) The agent is personally liable to discharge the liabilities, to the
extent of that value, if the agent contravenes this section.
A person must not fail to comply with subsection 260-105(2), (4), (5) or
(6).
Penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of penalty units.
If 2 or more agents are jointly instructed by the principal to wind up
the business, the obligations and liabilities under this Subdivision:
(a) apply to all the agents; but
(b) may be discharged by any of them.
This Subdivision does not reduce any obligation or liability of the agent
or agents arising elsewhere.
Table of sections
260-140 Administered estate
260-145 Unadministered estate
260-150 Commissioner may authorise amount to be
recovered
(1) This section applies if:
(a) a person has an *outstanding
tax-related liability when the person dies; and
(b) either of the following is granted after the death:
(i) probate of the person’s will;
(ii) letters of administration of the person’s estate.
(2) The Commissioner may, in respect of the liability, deal with the
trustee of the deceased person’s estate as if:
(a) the deceased person were still alive; and
(b) the trustee were the deceased person.
(3) Without limiting subsection (2), the trustee must:
(a) provide any returns and other information that the deceased person was
liable to provide, or would have been liable to provide if he or she were still
alive; and
(b) provide any additional returns or other information relating to the
liability that the Commissioner requires; and
(c) in the trustee’s representative capacity, discharge the
liability and any penalty imposed in respect of the liability under a
*taxation law (including any
*general interest charge) for which the
deceased person would be liable if he or she were still alive.
(4) If:
(a) the amount of the liability requires an
*assessment under a
*taxation law but the assessment has not been
made; and
(b) the trustee fails to provide a return or other information in relation
to assessing that amount as required by the Commissioner;
the Commissioner may assess that amount. If the Commissioner does so, the
assessment has the same effect as if it were made under that taxation
law.
(5) A trustee who is dissatisfied with an
*assessment under subsection (4) may object in
the manner set out in Part IVC.
(6) Part IVC applies in relation to the objection as if the trustee were
the deceased person.
(1) This section applies if neither of the following is granted within 6
months after a person’s death:
(a) probate of the person’s will;
(b) letters of administration of the person’s estate.
(2) The Commissioner may determine the total amount of
*outstanding tax-related liabilities that the
person had at the time of death.
(3) The Commissioner must publish notice of the determination twice in a
daily newspaper circulating in the State or Territory in which the person
resided at the time of death.
(4) A notice of the determination is conclusive evidence of the
*outstanding tax-related liabilities, unless
the determination is amended.
(5) A person who is dissatisfied with the determination may object in the
manner set out in Part IVC if the person:
(a) claims an interest in the estate; or
(b) is granted probate of the deceased person’s will or letters of
administration of the estate.
(6) Part IVC applies in relation to the objection as if the person making
it were the deceased person.
(1) The Commissioner may, in writing, authorise a person (the
authorised person) who is:
(a) a member or a special member of the Australian Federal Police;
or
(b) a member of the police force of a State or Territory; or
(c) any other person;
to recover:
(d) the total amount of the *outstanding
tax-related liabilities of a deceased person as determined under section 260-145
(about unadministered estates); and
(e) any reasonable costs incurred by the authorised person in recovering
that amount;
by seizing and disposing of any property of the deceased person.
(2) The authorised person may seize and dispose of the property as
prescribed by the regulations.
[The next Division is Division 265.]
Table of Subdivisions
265-A Right of person to seek recovery or contribution
265-B Application of laws
This Division deals with a person’s right to recover from another
person an amount paid in discharge of a tax-related liability if:
• the person has paid the amount for or on behalf of the other
person;
• the persons are jointly liable to pay the amount.
Operative provisions
265-40 Right of recovery if another person is
liable
265-45 Right of contribution if persons are jointly
liable
[This is the end of the Guide.]
A person who has paid an amount of a
*tax-related liability for or on behalf of
another person may:
(a) recover that amount from the other person as a debt (together with the
costs of recovery) in a court of competent jurisdiction; or
(b) retain or deduct the amount out of money held by the person that
belongs to, or is payable to, the other person.
(1) If 2 or more persons are jointly liable to pay an amount of a
*tax-related liability, they are each liable
for the whole of the amount.
(2) If one of the persons has paid an amount of the liability, the person
may recover in a court of competent jurisdiction, as a debt, from another of
those persons:
(a) an amount equal to so much of the amount paid; and
(b) an amount equal to so much of the costs of recovery under this
section;
as the court considers just and equitable.
265-65 Non-application of certain taxation
laws
265-70 Application of the Criminal
Code
This Part does not apply in relation to a
*taxation law, or a provision of a taxation
law, that is prescribed by the regulations.
The Criminal Code applies to all offences against this
Part.
2
Application of Part 4-15 in Schedule 1 to the
Taxation Administration Act
1953
(1) Section 255-5 in Schedule 1 to the Taxation Administration Act
1953 applies in relation to an amount of a tax-related liability that
becomes due and payable on or after 1 July 2000.
(2) Subdivision 255-B in Schedule 1 to the Taxation Administration Act
1953 applies in relation to any tax-related liability (whether arising
before, on or after 1 July 2000).
(3) Subdivision 255-C in Schedule 1 to the Taxation Administration Act
1953 applies in relation to:
(a) a proceeding commenced on or after 1 July 2000 under section 255-5 in
that Schedule; and
(b) a proceeding to recover an amount of a tax-related liability if it
commenced before 1 July 2000 and is continuing on or after that day, as if it
were a proceeding commenced under that section.
(4) Subdivision 260-A in Schedule 1 to the Taxation Administration Act
1953 applies in relation to any debt (whether payable before, on or after 1
July 2000).
(5) Subdivision 260-B in Schedule 1 to the Taxation Administration Act
1953 applies in relation to a person who becomes a liquidator on or after 1
July 2000 (whether the outstanding tax-related liabilities concerned arise
before, on or after that day).
(6) Subdivision 260-C in Schedule 1 to the Taxation Administration Act
1953 applies in relation to a receiver, or receiver and manager, who takes
possession of a company’s assets on or after 1 July 2000 (whether the
outstanding tax-related liabilities concerned arise before, on or after that
day).
(7) Subdivision 260-D in Schedule 1 to the Taxation Administration Act
1953 applies in relation to an agent who is instructed, on or after 1 July
2000, to wind-up the principal’s business in Australia (whether the
outstanding tax-related liabilities concerned arise before, on or after that
day).
(8) Subdivision 260-E in Schedule 1 to the Taxation Administration Act
1953 applies in relation to a person who dies on or after 1 July 2000
(whether the outstanding tax-related liabilities concerned arise before, on or
after that day).
(9) Section 265-40 in Schedule 1 to the Taxation Administration Act
1953 applies in relation to an amount of a tax-related liability that is
paid on or after 1 July 2000 (whether the liability concerned arises before, on
or after that day).
(10) Section 265-45 in Schedule 1 to the Taxation Administration Act
1953 applies in relation to any tax-related liability arising on or after 1
July 2000.
3 At the end of Schedule 1
Add:
[The
next Division is Division 353.]
(1) The Commissioner may by notice in writing require any
person:
(a) to give information to the Commissioner covering any matters relevant
to the administration or operation of this Schedule; and
(b) to attend and to give evidence before the
Commissioner or an officer authorised by the Commissioner covering any matters
relevant to the administration or operation of this Schedule; and
(c) to produce any documents in the person’s custody or under the
person’s control that relate to these matters.
(2) The Commissioner may require the information or evidence:
(a) to be given on oath; and
(b) to be given orally or in writing.
For that purpose, the Commissioner or the officer may administer an
oath.
(3) The regulations may prescribe scales of expenses to be allowed to
persons required to attend before the Commissioner or the officer.
4 At the end of Schedule 1
Add:
[The
next Division is Division 444.]
Table of sections
444-10 Unincorporated companies
444-15 Superannuation funds
(1) This Schedule applies to a partnership as if the partnership were a
person, but with the changes set out in this section.
(2) An obligation that this Schedule would otherwise impose on the
partnership:
(a) is imposed instead on each partner; but
(b) may be discharged by any of the partners.
(3) The partners are jointly and severally liable to pay an amount that
would otherwise be payable by the partnership under this Schedule.
An obligation that this Schedule would otherwise impose on a company that
is not incorporated:
(a) is imposed instead on each member of the company’s committee of
management; but
(b) may be discharged by any of those members.
If a *superannuation fund does not have
a trustee of the fund, this Schedule applies to the fund as if:
(a) the person who manages the fund were the trustee of the fund;
or
(b) each of the persons who manage the fund were a trustee of the
fund.
Note: The trustee of a superannuation fund is an entity. See
subsection 960-100(2) of the Income Tax Assessment Act
1997.
Part
2—Consequential amendment of
Acts
A
New Tax System (Goods and Services Tax) Act 1999
5
Section 33-1 (before the note)
Insert:
For provisions about collection and recovery
of GST, see
Part 4-15 in
Schedule 1 to the Taxation Administration Act 1953
and Division 3 of Part VI of that Act.
Repeal the section.
Repeal the section.
Repeal the section.
Fringe
Benefits Tax Assessment Act 1986
9
At the end of subsection 90(2)
Add:
Note: For provisions about collection and recovery of tax
and additional tax, see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Income
Tax Assessment Act 1936
20
At the end of section 102UO
Add:
Application
(4) Subsections (2) and (3) do not apply in relation to any ultimate
beneficiary non-disclosure tax that becomes due and payable on or after 1 July
2000.
Note: For provisions about collection and recovery of
ultimate beneficiary non-disclosure tax and other amounts on or after 1 July
2000, see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
21 At the end of section
128C
Add:
Application
(9) Subsections (2) and (5) do not apply in relation to any withholding
tax that becomes due and payable on or after 1 July 2000.
Note: For provisions about collection and recovery of
withholding tax and other amounts on or after 1 July 2000, see Part 4-15 in
Schedule 1 to the Taxation Administration Act 1953.
Add:
Application
(7) Subsections (2) and (3) do not apply in relation to any mining
withholding tax that becomes due and payable on or after 1 July 2000.
Note: For provisions about collection and recovery of mining
withholding tax and other amounts on or after 1 July 2000, see Part 4-15 in
Schedule 1 to the
Taxation
Administration Act 1953.
23 At the end of section
205
Add:
Application
(3) The Commissioner must not exercise his or her power under this section
(including the extended operation that this section has because of any other
provision of this Act) on or after 1 July 2000.
Example: Subsection 163A(8) provides for an extended
operation of this section in respect of a penalty under section 163A. The
Commissioner therefore must not exercise his or her power under this section
because of that extended operation on or after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about the
variation of the time for paying an amount), see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
24 At the end of section
206
Add:
Application
(3) The Commissioner must not exercise his or her power under this section
(including the extended operation that this section has because of any other
provision of this Act) on or after 1 July 2000.
Example: Subsection 163A(8) provides for an extended
operation of this section in respect of a penalty under section 163A. The
Commissioner therefore must not exercise his or her power under this section
because of that extended operation on or after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about the
variation of the time for paying an amount), see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
25 At the end of section
208
Add:
Application
(3) This section does not apply in relation to:
(a) income tax that becomes due and payable on or after 1 July 2000;
or
(b) any other amount that becomes due and payable on or after that day,
and that is taken to be income tax for the purposes of this section because of
any other provision of this Act.
Example: Subsection 160ARW(1) provides that in section 208
income tax includes franking deficit tax, deficit deferral tax and franking
additional tax. This section therefore does not apply in relation to any
franking deficit tax, deficit deferral tax or franking additional tax that
becomes due and payable on or after 1 July 2000.
Note: For provisions about collection and recovery of income
tax and other amounts on or after 1 July 2000, see Part 4-15 in Schedule 1 to
the Taxation Administration Act 1953.
26 At the end of section
209
Add:
Application
(3) This section does not apply in relation to:
(a) any tax that becomes due and payable on or after 1 July 2000;
or
(b) any other amount that becomes due and payable on or after that day,
and that is taken to be tax for the purposes of this section because of any
other provision of this Act.
Example: Subsection 160ARW(1) provides that in section 209
tax includes franking deficit tax, deficit deferral tax and franking additional
tax. This section therefore does not apply in relation to any franking deficit
tax, deficit deferral tax or franking additional tax that becomes due and
payable on or after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000, see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
27 At the end of section
214
Add:
Application
(3) A process must not be served under this section (including the
extended operation that this section has because of any other provision of this
Act) on or after 1 July 2000.
Example: Subsection 163A(8) provides for an extended
operation of this section in respect of a penalty under section 163A. A process
therefore must not be served on or after 1 July 2000 under this section because
of that extended operation.
Note: For provisions about collection and recovery of income
tax and other amounts on or after 1 July 2000 (including provisions about
substituted service), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
28 At the end of section
215
Add:
Application
(7) This section (including the extended operation that this section has
because of any other provision of this Act) does not apply in relation
to:
(a) a person who, on or after 1 July 2000, becomes the liquidator of a
company; or
(b) a person who, on or after 1 July 2000, takes possession of assets of a
company as a receiver for any debenture holders of the company; or
(c) an agent who, on or after 1 July 2000, is instructed to wind up the
principal’s business or realise the principal’s assets.
Example: Subsection 163A(8) provides for an extended
operation of this section in respect of a penalty under section 163A. However,
despite that extended operation, this section does not apply in relation to a
person mentioned in a paragraph of subsection (7).
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about
liquidators, receivers and agents), see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
29 At the end of section
216
Add:
Application
(4) This section (including the extended operation that this section has
because of any other provision of this Act) does not apply in relation to a
person who dies on or after 1 July 2000.
Example: Subsection 163A(8) provides for an extended
operation of this section in respect of a penalty under section 163A. However,
despite that extended operation, this section does not apply in relation to a
person who dies on or after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about the estate
of a deceased taxpayer), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
30 At the end of section
218
Add:
Application
(8) The Commissioner must not issue a notice under this section (including
the extended operation that this section has because of any other provision of
this Act) on or after 1 July 2000.
Example: Subsection 160ARW(1) provides for an extended
operation of this section in respect of franking deficit tax, deficit deferral
tax or franking additional tax. The Commissioner therefore must not exercise his
or her power under this section because of that extended operation on or after 1
July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions on collecting an
amount from a third person), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
31 At the end of section
220
Add:
Application
(9) This section does not apply in relation to a person who dies on or
after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about the estate
of a deceased taxpayer), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
32
At the end of section 220AAH
Add:
Application
(2) The Commissioner must not exercise his or her power under paragraph
(1)(a) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts on or after 1 July 2000 (including provisions about the extension of the
time for paying an amount), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
33
At the end of section 220AAP
Add:
Application
(2) The Commissioner must not exercise his or her power under paragraph
(1)(a) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts on or after 1 July 2000 (including provisions about the extension of the
time for paying an amount), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
34
At the end of section 220AAU
Add:
Application
(2) The Commissioner must not exercise his or her power under paragraph
(1)(a) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts on or after 1 July 2000 (including provisions about the extension of
time for paying an amount), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
35
At the end of section 220AAZA
Add:
Application
(12) This section applies or has effect as follows:
(a) subsections (2), (3) and (4) do not apply in relation to a recoverable
amount that becomes due and payable on or after 1 July 2000;
(b) an averment must not be made because of subsection (6) on or after 1
July 2000;
(c) a certificate must not be made under subsection (7) on or after 1 July
2000.
Note: For provisions about collection and recovery of
recoverable amounts and other amounts on or after 1 July 2000, see Part 4-15 in
Schedule 1 to the Taxation Administration Act 1953.
36
At the end of section 220AY
Add:
Application
(8) This section applies or has effect as follows:
(a) subsections (2), (3) and (4) do not apply in relation to a recoverable
amount that becomes due and payable on or after 1 July 2000;
(b) an averment must not be made because of subsection (6) on or after 1
July 2000;
(c) a certificate must not be made under subsection (7) on or after 1 July
2000.
Note: For provisions about collection and recovery of
recoverable amounts and other amounts on or after 1 July 2000, see Part 4-15 in
Schedule 1 to the Taxation Administration Act 1953.
Insert:
Application
(1A) Subsection (1) does not apply in relation to an amount that becomes
due and payable on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
38
At the end of section 221YHN
Add:
Application
(3) This section applies or has effect as follows:
(a) subsection (1), to the extent of its operation apart from paragraph
(1)(b), does not apply in relation to an amount that becomes due and payable on
or after 1 July 2000;
(b) an averment must not be made because of the operation of subsection
(2) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
39
After subsection 221YHZD(1AA)
Insert:
Application
(1AAA) The Commissioner must not exercise his or her power under
subsection (1AA) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts on or after 1 July 2000 (including provisions about the variation of the
time for paying an amount), see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
40
At the end of section 221YHZJ
Add:
Application
(7) This section applies or has effect as follows:
(a) subsection (1), to the extent of its operation apart from paragraph
(1)(b), does not apply in relation to an amount that becomes due and payable on
or after 1 July 2000;
(b) an averment must not be made because of the operation of subsection
(2) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
41
At the end of section 221YR
Add:
Application
(6) This section applies or has effect as follows:
(a) subsection (1), to the extent of its operation apart from paragraph
(1)(b), does not apply in relation to an amount that becomes due and payable on
or after 1 July 2000;
(b) an averment must not be made because of the operation of subsection
(2) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
42
At the end of section 221ZE
Add:
Application
(3) This section applies or has effect as follows:
(a) subsection (1), to the extent of its operation apart from paragraph
(1)(b), does not apply in relation to an amount that becomes due and payable on
or after 1 July 2000;
(b) an averment must not be made because of the operation of subsection
(2) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
43
At the end of section 221ZR
Add:
Application
(3) This section applies or has effect as follows:
(a) subsection (1), to the extent of its operation apart from paragraph
(1)(b), does not apply in relation to an amount that becomes due and payable on
or after 1 July 2000;
(b) an averment must not be made because of the operation of subsection
(2) on or after 1 July 2000.
Note: For provisions about collection and recovery of
amounts payable under this Division and other amounts on or after 1 July 2000,
see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
44 At the end of section
258
Add:
Application
(3) This section does not apply in relation to:
(a) tax paid on or after 1 July 2000; or
(b) any other amount paid on or after 1 July 2000, and that is taken to be
tax for the purposes of this section because of any other provision of this
Act.
Example: Subsection 163A(8) provides that in section 258 tax
includes a penalty under section 163A. This section therefore does not apply in
relation to such a penalty that is paid on or after 1 July
2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about recovery
of tax paid on behalf of another person), see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
Add:
Application
(3) This section does not apply in relation to:
(a) a liability for tax that arises on or after 1 July 2000; or
(b) any other amount of liability that arises on or after that day, and
that is taken to be tax for the purposes of this section because of any other
provision of this Act.
Example: Subsection 163A(8) provides that in section 259 tax
includes a penalty under section 163A. This section therefore does not apply in
relation to such a penalty that arises on or after 1 July 2000.
Note: For provisions about collection and recovery of tax
and other amounts on or after 1 July 2000 (including provisions about
contribution from joint-taxpayers), see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
46 At the end of section 271-75 in Schedule
2F
Add:
Application
(5) Subsection (4) does not apply in relation to any family trust
distribution tax that becomes due and payable on or after 1 July 2000.
Note: For provisions about collection and recovery of family
trust distribution tax and other amounts on or after 1 July 2000, see Part 4-15
in Schedule 1 to the Taxation Administration Act 1953.
47 At the end of section 271-85 in Schedule
2F
Add:
Application
(2) Subsection (1) does not apply in relation to any family trust
distribution tax or additional tax that becomes due and payable on or after 1
July 2000.
Note: For provisions about collection and recovery of family
trust distribution tax, additional tax and other amounts on or after 1 July
2000, see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
Petroleum
Resource Rent Tax Assessment Act 1987
48
At the end of subsection 82(2)
Add:
Note: For provisions about collection and recovery of tax
and additional tax, see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
59 Section 65
Repeal the section.
60 Section 66
Repeal the section.
61 Section 69
Repeal the section.
62 Section 70
Repeal the section.
63 Section 71
Repeal the section.
64 Section 72
Repeal the section.
65 Section 73
Repeal the section.
66 Section 74
Repeal the section.
67 Section 75
Repeal the section.
68 Section 123
Repeal the section.
69 Section 124
Repeal the section.
Superannuation
Contributions Tax (Assessment and Collection) Act 1997
Repeal the section.
Repeal the section.
Repeal the section.
Superannuation
Contributions Tax (Members of Constitutionally Protected Superannuation Funds)
Assessment and Collection Act 1997
Repeal the section.
Repeal the section.
Repeal the section.
Superannuation
Guarantee (Administration) Act 1992
Add:
Note: For provisions about collection and recovery of
superannuation guarantee charge, see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
Add:
Note: For provisions about collection and recovery of
additional superannuation guarantee charge, see Part 4-15 in Schedule 1 to the
Taxation Administration Act 1953.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Taxation
Administration Act 1953
Repeal the note, substitute:
Note: For provisions about collection and recovery of the
charge, see Part 4-15 in Schedule 1.
Add:
(4) A notice given to a person by the Commissioner under this section is
prima facie evidence of the matters stated in the notice.
Repeal the note.
Add:
(4) A notice given to a person by the Commissioner under this section is
prima facie evidence of the matters stated in the notice.
Note: For provisions about collection and recovery of the
penalty, see Part 4-15 in Schedule 1.
Repeal the note.
Add:
(4) A notice given to a person by the Commissioner under this section is
prima facie evidence of the matters stated in the notice.
Note: For provisions about collection and recovery of the
penalty, see Part 4-15 in Schedule 1.
Repeal the Division.
Repeal the subsection, substitute:
(1) If there is a deficit on an RBA at the end of a day, the tax debtor is
liable to pay the amount to the Commonwealth. The amount is due and payable at
the end of that day.
Note: The heading to section 8AAZH is replaced by the
heading “Liability for RBA deficit”.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Add:
(4) A notice under this section that the Commissioner gives to an entity
is prima facie evidence of the matters stated in the notice.
101 Section 55
Repeal the section.
102 Section 58
Repeal the section.
103
Subdivision 20-A in Schedule 1
Repeal the Subdivision.
104 At the end of
Subdivision 20-B in Schedule 1
Add:
(1) An offence against this Part that would otherwise be committed by a
partnership is taken to have been committed by each partner who:
(a) aided, abetted, counselled or procured the relevant act or omission;
or
(b) was in any way knowingly concerned in, or party to, the relevant act
or omission (whether directly or indirectly, and whether by any act or omission
of the partner).
(2) An offence against this Part that would otherwise be committed by a
company that is not incorporated is taken to have been committed by each member
of the company’s committee of management who:
(a) aided, abetted, counselled or procured the relevant act or omission;
or
(b) was in any way knowingly concerned in, or party to, the relevant act
or omission (whether directly or indirectly, and whether by any act or omission
of the member).
105 Subdivision 20-C in Schedule
1
Repeal the Subdivision.
106 Section 45-85 in Schedule
1
Repeal the section.
107 Application of
amendment
The amendment made by item 93 applies to a deficit on an RBA at the end of
1 July 2000 or a later day.
Termination
Payments Tax (Assessment and Collection) Act 1997
Repeal the section.
Repeal the section.
Repeal the section.
Tobacco
Charges Assessment Act 1955
111
At the end of subsection 17(1A)
Add:
Note: For provisions about collection and recovery of charge
and additional charge, see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
Repeal the subsections.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Wool
Tax (Administration) Act 1964
117
At the end of subsection 36(2)
Add:
Note: For provisions about collection and recovery of tax
and additional tax, see Part 4-15 in Schedule 1 to the Taxation
Administration Act 1953.
Repeal the section.
Add:
Note: For provisions about collection and recovery of the
tax, see Part 4-15 in Schedule 1 to the Taxation Administration Act
1953.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section.
130
Recovery of a tax-related liability that is due and payable
Despite its repeal, a provision listed in the table continues to have
effect in relation to an amount that became due and payable before 1 July
2000.
|
Tax-related liability that became due and payable before 1 July
2000 |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 94 |
|
2 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 86 |
|
Sales Tax Assessment Act 1992 |
section 69 |
|
|
4 |
Superannuation Contributions Tax (Assessment and Collection) Act
1997 |
section 26 or 27 |
|
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 |
section 22 or 23 |
|
|
6 |
Superannuation Guarantee (Administration) Act 1992 |
section 50 |
|
Termination Payments Tax (Assessment and Collection) Act
1997 |
section 17 or 18 |
|
|
8 |
Taxation Administration Act 1953 |
subsection 8AAV(1) or (2) |
|
9 |
Tobacco Charges Assessment Act 1955 |
section 21 |
|
10 |
Wool Tax (Administration) Act 1964 |
section 44 |
131
Time for payment etc. of a tax-related liability
Despite the repeal of a provision listed in the table, anything done under
that provision before 1 July 2000 continues to have effect on and after that day
as if the provision had not been repealed.
|
Time for payment etc. of a tax-related liability |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 91 or 92 |
|
2 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 83 or 84 |
|
3 |
Sales Tax Assessment Act 1992 |
section 65 or 66 |
|
4 |
Superannuation Guarantee (Administration) Act 1992 |
section 48 |
|
5 |
Taxation Administration Act 1953 |
section 45-85 in Schedule 1 |
|
6 |
Tobacco Charges Assessment Act 1955 |
subsection 17(2) or (3) or section 23 |
|
Wool Tax (Administration) Act 1964 |
section 37 |
|
132
Collecting amounts from third parties
Despite the repeal of a provision listed in the table:
(a) anything done under that provision before 1 July 2000 continues to
have effect on and after that day as if the provision had not been repealed;
and
(b) anything done on or after that day, under that provision as it
continues to have effect because of this item, has effect as if the provision
had not been repealed.
|
Collecting amounts from third parties |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 99 |
|
Petroleum Resource Rent Tax Assessment Act 1987 |
section 91 |
|
|
3 |
Sales Tax Assessment Act 1992 |
section 74 |
|
4 |
Superannuation Contributions Tax (Assessment and Collection) Act
1997 |
section 40A |
|
5 |
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 |
section 35 |
|
6 |
Superannuation Guarantee (Administration) Act 1992 |
section 56 |
|
7 |
Termination Payments Tax (Assessment and Collection) Act
1997 |
section 28A |
|
Wool Tax (Administration) Act 1964 |
section 54 |
|
133
Liquidators, receivers and agents
Despite its repeal, a provision listed in the table continues to have
effect in relation to:
(a) a person who becomes a liquidator before 1 July 2000; or
(b) a receiver, or receiver and manager, who
takes possession of a company’s assets before 1 July 2000; or
(c) an agent who is instructed, before 1 July 2000, to wind up the
principal’s business in Australia;
as appropriate.
|
Liquidators, receivers and agents before 1 July 2000 |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 96 |
|
Petroleum Resource Rent Tax Assessment Act 1987 |
section 88 |
|
|
Sales Tax Assessment Act 1992 |
section 123 or 124 |
|
|
4 |
Superannuation Guarantee (Administration) Act 1992 |
section 53 |
|
5 |
Tobacco Charges Assessment Act 1955 |
section 27 |
|
6 |
Wool Tax (Administration) Act 1964 |
section 47 or 48 |
Despite its repeal, a provision listed in the table continues to have
effect in relation to a person who dies before 1 July 2000.
|
Person who dies before 1 July 2000 |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 97 or 98 |
|
2 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 89 or 90 |
|
Sales Tax Assessment Act 1992 |
section 72 or 73 |
|
|
4 |
Superannuation Guarantee (Administration) Act 1992 |
section 54 or 55 |
|
5 |
Tobacco Charges Assessment Act 1955 |
section 28 |
|
6 |
Wool Tax (Administration) Act 1964 |
section 49, 50 or 51 |
135
Amount of tax-related liability paid for someone else
Despite its repeal, a provision listed in the table continues to have
effect in relation to an amount that was paid before 1 July 2000.
|
Amount paid before 1 July 2000 |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 130 |
|
2 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 110 |
|
3 |
Sales Tax Assessment Act 1992 |
section 70 |
|
4 |
Wool Tax (Administration) Act 1964 |
section 52 |
136
Right of contribution if entities are jointly liable
Despite its repeal, a provision listed in the table continues to have
effect in relation to a liability that arose before 1 July 2000.
|
Tax-related liability that became due and payable before 1 July
2000 |
||
|---|---|---|
|
Item |
Act |
Provision |
|
1 |
Fringe Benefits Tax Assessment Act 1986 |
section 131 |
|
2 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 111 |
|
3 |
Sales Tax Assessment Act 1992 |
section 71 |
|
4 |
Superannuation Guarantee (Administration) Act 1992 |
section 78 |
|
5 |
Wool Tax (Administration) Act 1964 |
section 53 |
Part
1—Amendment of the Taxation
Administration Act 1953
1 At the end of Schedule 1
Add:
[The next Division is Division 360.]
Table of Subdivisions
Guide to Division 360
360-A Applying for an oral ruling
360-B How the Commissioner is to deal with the application
360-C When Commissioner must or can refuse the application
360-D Miscellaneous
An individual can apply to the Commissioner for an oral ruling about a
limited range of matters under an income tax law.
(1) The procedure you need to follow in applying for an oral ruling is set
out in Subdivision 360-A.
(2) Before making the ruling, the Commissioner must be satisfied that your
tax affairs, and your inquiry, meet certain tests.
See sections 360-65 and
360-100.
(3) There are further matters that may prevent the Commissioner from
making the ruling. Important examples are:
(a) during the relevant period you were carrying on a business;
(b) during the relevant period you made payments from which you had to
withhold amounts under Part 2-5 (PAYG withholding).
See Subdivision 360-C.
(4) An oral ruling is binding on the Commissioner, but only you can rely
on it.
See sections 170BCA, 170BDA, 170BDB and
170BDC
of the Income Tax Assessment Act
1936.
(5) You are not bound by an oral ruling.
360-20 Application for oral ruling about your own
tax
360-25 Application for oral ruling about someone
else’s tax
360-30 What the application can cover
360-35 How the application is to be made
360-40 Further information may be sought
If you are an individual, you may apply to the Commissioner for a ruling
on the way in which, in the Commissioner’s opinion, an
*income tax law would apply to you in respect
of an income year in relation to an *oral
ruling arrangement.
(1) You may apply to the Commissioner, on another person’s behalf,
for a ruling on the way in which, in the Commissioner’s opinion, an
*income tax law would apply to the other person
in respect of an income year in relation to an
*oral ruling arrangement.
(2) However, you may do so only if the other person is an individual,
and:
(a) the other person is under 18 and is your
*child; or
(b) the other person is under 18 and you have in relation to him or her
all the duties, powers, responsibilities and authority which, by law, a parent
has in relation to his or her child; or
(c) the other person is under a legal disability because of a mental
impairment, and you hold an enduring power of attorney in relation to him or
her; or
(d) the other person:
(i) is under 18; or
(ii) has a physical or mental impairment;
and an *Australian law authorises you to
act on his or her behalf in matters including his or her
*tax affairs.
(3) If you apply on another person’s behalf, the rest of this
Division has effect as if the other person had made the application himself or
herself, but:
(a) you may communicate with the Commissioner, and otherwise deal with him
or her, as if you were the other person; and
(b) the Commissioner may communicate with you, and otherwise deal with
you, as if you were the other person.
(1) The application may relate to:
(a) a past income year; or
(b) the income year in which the application is made.
It cannot relate to a future income year, or to more than one income
year.
(2) An oral ruling arrangement is:
(a) an action; or
(b) a course of action; or
(c) a course of conduct; or
(d) a transaction;
that has been, is being, or is proposed to be, engaged in, entered into or
carried out, but only if none of the parties to it is an
*associate of any of the others.
(3) The application may be for a ruling on the way in which the
Commissioner would act under the *income tax
law to which the application relates.
(4) Subsection (3) covers the following kinds of acts:
(a) forming an opinion; or
(b) refusing or failing to form an opinion; or
(c) attaining a state of mind; or
(d) refusing or failing to attain a state of mind; or
(e) making a determination; or
(f) refusing or failing to make a determination; or
(g) exercising a power; or
(h) refusing or failing to exercise a power.
(1) You must make the application orally, either in person or by live
2-way conversation using a method of communication approved by the
Commissioner.
(2) When making the application, you must:
(a) identify yourself to the Commissioner’s satisfaction;
and
(b) if you make the application on behalf of another person, identify the
other person to the Commissioner’s satisfaction; and
(c) give whatever information, in whatever form, the Commissioner requires
in order to make the ruling.
(3) You may withdraw the application before the ruling is made. You must
do so orally, either in person or by live 2-way conversation using a method of
communication approved by the Commissioner.
If the Commissioner considers that:
(a) the ruling cannot be made without further information; and
(b) if that information were given, there would be no reason for the
Commissioner not to comply with your application;
the Commissioner must request you to give that information to him or
her.
Table of sections
Exercise of powers by delegate
360-60 Delegated power must be exercised at specified
place
If the application relates only to basic categories
360-65 When Commissioner must make oral
ruling
360-70 Basic categories of assessable
income
360-75 Basic categories of exempt income
360-80 Basic categories of deductions
360-85 Basic categories of tax offsets
If the application involves additional categories
360-100 When Commissioner must make oral ruling if satisfied
that your tax affairs and inquiry are simple
360-105 Additional categories of assessable
income
360-110 Additional categories of deductions
360-115 Additional categories of tax
offsets
If the application is successful
360-120 Making the oral ruling
(1) If the Commissioner delegates to a person a function or power the
Commissioner has under this Division, the person must perform the function, or
exercise the power, only at places specified in the delegation.
(2) If the person is at such a place, he or she may, in order to perform
the function or exercise the power, communicate with a person who is not at such
a place by live 2-way conversation using a method approved by the
Commissioner.
(1) The Commissioner must comply with your application if he or she is
satisfied that:
(a) your application complies with Subdivision
360-A; and
(b) your assessable income for the inquiry period consisted only of one or
more items covered by section 360-70; and
(c) during the inquiry period no *CGT
event happened from which you could have made a
*capital gain or
*capital loss (even if you did not make one
from the event); and
Note: You are not disqualified by having an unapplied net
capital loss for a previous income year.
(d) your *exempt income (if any) for the
inquiry period consisted only of one or more items covered by section 360-75;
and
(e) your deductions for the inquiry period consisted only of one or more
items covered by section 360-80; and
(f) your *tax offsets for the inquiry
period consisted only of one or more items covered by section 360-85;
and
(g) your application relates only to an item covered by section 360-70,
360-75, 360-80 or 360-85;
unless Subdivision 360-C prevents the
Commissioner from complying with the application.
Note: For an alternative basis on which the Commissioner
must comply with your application, see section 360-100.
(2) The inquiry period is:
(a) if your application relates to an earlier income year—that
income year; or
(b) if your application relates to the income year during which the
application is made—so much of the income year as elapses up to and
including the day on which you make the application.
(1) This section covers a payment from which
an amount must be withheld (even if the amount is not withheld) under a
provision listed in the table, to the extent that the payment is assessable
income.
|
Payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-35 |
Payment to employee |
|
2 |
Section 12-40 |
Payment to company director |
|
3 |
Section 12-45 |
Payment to office holder |
|
4 |
Section 12-115 |
Commonwealth education or training payment |
(2) This section also covers a payment specified in a provision of the
Income Tax Assessment Act 1997 listed in the table, to the extent that
the payment is assessable income.
|
Social security or other benefit payment |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 52-10 |
Social security payments |
|
2 |
Section 52-65 |
Veterans’ affairs payments |
|
3 |
Section 52-105 |
Payments under the Repatriation Act 1920 |
|
4 |
Section 55-10 |
Education entry payments |
(3) This section also covers interest payable by a
*financial institution or a government body (as
defined by section 202A of the Income Tax Assessment Act 1936), to the
extent that the interest is assessable income.
(4) This section also covers a *dividend
(to the extent that it is assessable income), if the company that pays it is an
Australian resident, and a *listed public
company whose shares are listed for quotation in the official list of the
Australian Stock Exchange Limited, at the earliest of the following
times:
(a) if the liability to pay the dividend arises when the dividend is
declared—that time;
(b) when the dividend becomes due and payable;
(c) when the dividend is paid.
This section covers *ordinary income, or
*statutory income, to the extent that it is
*exempt income because of:
(a) subsection 23L(1) of the Income Tax Assessment Act 1936 (about
fringe benefits); or
(b) a provision of the Income Tax Assessment Act 1997 listed in the
table.
|
Exempt income |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
section 51-5 |
Payments to defence personnel |
|
5 |
item 2.1, 2.1A or 2.1B of the table in section 51-10 |
Educational grants and payments |
|
10 |
section 51-30 |
Welfare payments |
|
15 |
section 52-10 |
Social security payments |
|
20 |
section 52-65 |
Veterans’ affairs payments |
|
25 |
section 52-105 |
Payments under the Repatriation Act 1920 |
|
30 |
section 52-110 |
Payments made because of subsection 4(6) of the Veterans’
Entitlements (Transitional Provisions and Consequential Amendments) Act
1986 |
|
35 |
section 52-120 |
Child care assistance and child care rebate |
|
40 |
section 52-125 |
Private health insurance incentive payments |
|
45 |
section 52-130 |
Bonuses for older Australians |
|
50 |
section 52-140 |
Commonwealth education and training payment |
|
55 |
item 1 of the table in section 53-10 |
Disability services payment |
|
60 |
item 2 of the table in section 53-10 |
Domiciliary nursing care benefit |
|
65 |
item 5 of the table in section 53-10 |
Wounds and disability pension |
|
70 |
section 53-20 |
Payments similar to certain veterans’ payments |
This section covers a deduction for:
(a) an amount of expenditure you incur for managing your
*tax affairs as mentioned in paragraph
25-5(1)(a) of the Income Tax Assessment Act 1997; or
(b) an amount of an account-keeping fee charged by a
*financial institution; or
(c) an amount of a tax imposed under an
*Australian law on an account kept with a
financial institution (for example, financial institutions duty, debits tax or a
similar tax); or
(d) an amount of money that is a gift or contribution to which item 1, 2
or 3 of the table in section 30-15 of the Income Tax Assessment Act 1997
applies.
This section covers a *tax offset to
which you are entitled because of:
(a) Subdivision 61-H of the Income Tax Assessment Act 1997 (about
premiums under a private health insurance policy); or
(b) a provision of the Income Tax Assessment Act 1936 listed in the
table.
|
Tax offsets |
|---|
|
Item |
Provision |
Subject matter |
|---|---|---|
|
1 |
Section 159J |
Child of taxpayer who is wholly engaged in keeping house for the
taxpayer Invalid relative Parents/parents in law Spouse |
|
5 |
Section 159L |
Housekeeper, caring for child, invalid relative or disabled
spouse |
|
10 |
Section 159K |
Sole parent |
|
15 |
Section 160AQU |
Franked dividend of shareholder (other than a partnership or trustee
mentioned in paragraph 160AQU(1)(b)) |
|
20 |
Section 159SZ |
Personal superannuation contributions |
|
25 |
Section 159T |
Superannuation contributions for a spouse |
|
30 |
Section 159P |
Medical expenses |
|
35 |
Section 160AAAA |
Low income aged person |
|
40 |
Section 159N |
Low income individuals |
|
45 |
Subsection 160AAA(2) |
Rebate for certain social security pensions, allowances or benefits,
veterans’ pensions, allowances or benefits |
|
50 |
Subsection 160AAA(3) |
Rebate for certain social security benefits or payments |
|
55 |
Section 79A |
Residents of isolated areas |
(1) The Commissioner must also comply with your application if:
(a) he or she is satisfied that your application complies with Subdivision
360-A; and
(b) in his or her opinion, your *tax
affairs were simple throughout the *inquiry
period; and
(c) in his or her opinion, your inquiry is simple; and
(d) he or she is satisfied that your assessable income for the inquiry
period consisted only of one or more items, each of which is covered by section
360-70 or 360-105; and
(e) he or she is satisfied that your
*exempt income (if any) for the inquiry period
consisted only of one or more items covered by section 360-75; and
(f) he or she is satisfied that your deductions for the inquiry period
consisted only of one or more items, each of which is covered by section 360-80
or 360-110; and
(g) he or she is satisfied that your *tax
offsets for the inquiry period consisted only of one or more items, each of
which is covered by section 360-85 or 360-115; and
(h) he or she is satisfied of the matters in subsections (2), (3) and (4)
(about your capital gains tax situation);
unless Subdivision 360-C prevents the Commissioner from complying with the
application.
CGT events
(2) The Commissioner must be satisfied that during the inquiry period no
*CGT event happened from which you could have
made a *capital gain or
*capital loss (even if you did not make one
from the event), except a CGT event from which you could have made a
*capital gain or
*capital loss covered by subsection
(3).
Capital gains and losses
(3) The Commissioner must be satisfied that each
*capital gain (if any), and each
*capital loss (if any), that you made during
the inquiry period:
(a) is to be disregarded because of section 118-5 of the Income Tax
Assessment Act 1997 (about cars, motor cycles and valour decorations);
or
(b) resulted from *CGT event A1 happening
in relation to shares in a company that was an Australian resident and a
*listed public company, and whose shares were
listed for quotation in the official list of the Australian Stock Exchange
Limited, throughout the period when you owned the first-mentioned shares;
or
(c) resulted from *CGT event A1 or E4
happening in relation to units in a unit trust that was a
*resident trust for CGT purposes and a
*listed widely held trust, and whose units were
listed for quotation in the official list of the Australian Stock Exchange
Limited, throughout the period when you owned the first-mentioned
units.
Note: Similarly, you are not disqualified if CGT event E4
results in a reduction in the cost base of your units, rather than in a capital
gain.
Net capital loss for an earlier income year
(4) If during the *inquiry period you
made one or more *capital gains each of which
is covered by paragraph 360-100(3)(b) or (c), the Commissioner must be satisfied
that you have no unapplied *net capital loss
for an earlier income year.
Note: You are not otherwise disqualified by having an
unapplied net capital loss for a previous income year.
This section covers the following, to the extent that they are assessable
income:
(a) a payment from which an amount must be withheld (even if the amount is
not withheld) under a provision listed in the table;
|
Payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-80 |
Payment of pension or annuity |
|
2 |
Section 12-120 |
Compensation, sickness or accident payment |
(b) a payment of a pension specified in subsection 55-5(1) (about
occupational superannuation schemes) of the Income Tax Assessment Act
1997;
(c) an amount in respect of a distribution made by a unit trust that is a
*resident trust for CGT purposes and a
*listed widely held trust, and whose units are
listed for quotation in the official list of the Australian Stock Exchange
Limited, at the earliest of the following times:
(ii) when the distribution becomes due and payable;
(iii) when the distribution is made;
(d) a *net capital gain resulting solely
from one or more *capital gains covered by
subsection 360-100(3).
This section covers a deduction that you have and that relates to a
payment to you from which an amount must be withheld (even if the amount is not
withheld) under a provision listed in the table.
|
Payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-35 |
Payment to employee |
|
2 |
Section 12-40 |
Payment to company director |
|
3 |
Section 12-45 |
Payment to office holder |
This section covers a *tax offset to
which you are entitled because of a provision of the Income Tax Assessment
Act 1936 listed in the table.
|
Tax offsets |
|---|
|
Item |
Provision |
Subject matter |
|---|---|---|
|
1 |
Section 79B |
Member of the Defence Force serving overseas |
|
5 |
Section 160AQX |
Franked dividends received by beneficiaries of a trust |
|
10 |
Section 159SU |
Rebateable ETP annuity |
|
15 |
Section 159SM |
Rebateable superannuation pension |
|
20 |
Section 160AF |
Credit for foreign tax paid on foreign income |
|
25 |
Section 159UQ |
Heritage conservation rebate |
|
35 |
Section 160AB |
Loan interest received on securities issued before 1 November
1968 |
|
40 |
Sections 159ZRA and 159ZRB |
Lump sum payment in arrears |
|
45 |
Subsection 23AB(7) |
Salary, wages and allowances for service as a member of United Nations
forces |
(1) The Commissioner makes the ruling by communicating its contents to you
orally, either in person or by live 2-way conversation using a method approved
by the Commissioner. The ruling is made at the time of the
communication.
(2) The communication must:
(a) set out the matter ruled on; and
(b) identify the person to whom, and the
*income tax law, the income year and the
*oral ruling arrangement to which, the ruling
relates; and
(c) indicate that the ruling is an *oral
ruling; and
(d) if the correctness of the ruling depends on an assumption—set
out details of the assumption; and
(e) include a registration identifier for the ruling.
(3) You are not entitled to receive a written record of the
communication.
Note: However, you may be able to apply for a private ruling
on the matter under Part IVAA.
(4) Neither
you nor anyone else is entitled to object against the ruling under Part IVC. The
ruling is not a taxation decision for the purposes of that
Part.
Note: However, you may be able to apply for a private ruling
on the matter under Part IVAA. A rulee who is dissatisfied with a private ruling
may object against it under Part IVC.
Table of sections
360-140 Aspects of your tax affairs that disqualify
you
360-145 Other grounds on which application must or can be
refused
360-150 Assumptions in making private
ruling
360-155 Effect on oral ruling if provisions not complied
with
(1) The Commissioner must not comply with your application unless he or
she is satisfied that:
(a) throughout the *inquiry period you
were an Australian resident; and
(b) at no time during the inquiry period did you carry on a
*business; and
(c) at no time during the inquiry period were you a
*withholder; and
(d) your assessable income for the inquiry period did not include an
amount in respect of a *non-cash
benefit.
(2) The Commissioner must not comply with your application if:
(a) your assessable income or *exempt
income for the *inquiry period included an
amount arising from a transaction with your
*associate; or
(b) your deductions for the inquiry period included an amount you paid to
your *associate; or
(c) an anti-avoidance provision applies to you in relation to the income
year to which your application relates.
(1) The Commissioner must not comply with your application if:
(a) there is already an *oral ruling, in
respect of the same income year, on the matter sought to be ruled on;
or
(b) there is already a *private ruling on
the matter sought to be ruled on; or
(c) the matter sought to be ruled on has been decided for the purposes of
a *Commissioner assessment; or
(d) there is being carried out a *tax
audit:
(i) of which you have been informed; and
(ii) that, in the opinion of the Commissioner, will require the
Commissioner to decide the matter sought to be ruled on; or
(e) the matter sought to be ruled on is the subject of an objection
against a *self assessment; or
(f) you are not a *SPOR taxpayer for the
income year to which the application relates, and the application is made later
than 4 years after the last day allowed to you for lodging an
*income tax return for that income year;
or
(g) you are a *SPOR taxpayer for the
income year to which the application relates, and the application is made later
than 2 years after the last day allowed to you for lodging an
*income tax return for that income
year.
(2) The Commissioner must not comply with your application if, in his or
her opinion:
(a) the application is frivolous or vexatious; or
(b) the *oral ruling arrangement to which
the application relates has not been, and is not being, carried out and is not
seriously contemplated by you; or
(c) you have not given sufficient information, despite a request under
section 360-40, to enable the ruling to be made; or
(d) it would be unreasonable to comply, or continue to attempt to comply,
having regard to the extent of the Commissioner’s resources that would be
required to comply.
(3) The Commissioner must not comply with your application in so far as it
involves calculating an amount.
(4) The
Commissioner need not comply with your application if he or she is satisfied
that, had your application been for a *private
ruling, he or she would not have been required to comply with it.
If the Commissioner considers that the correctness of an
*oral ruling would depend on which assumptions
were made about a future event or other matter, the Commissioner may:
(a) decline to make the ruling; or
(b) make such of the assumptions as the Commissioner considers to be most
appropriate.
(1) An *oral ruling is taken never to
have been made, and never to have been communicated, if any of these provisions
applied to the application for the ruling:
(b) subsection 360-145(1).
(2) The
validity of an *oral ruling is not affected
because any other provision of this Act has not been complied with.
Table of sections
360-175 Application for oral ruling does not affect
obligations and powers
360-180 Effect on oral ruling if tax law
re-enacted
The fact that there has been an application for an
*oral ruling does not in the meantime
affect:
(a) your obligation to lodge a return or do any other act; or
(b) the Commissioner’s power to make or amend an
assessment.
If:
(a) the Commissioner makes an *oral
ruling about an *income tax law (the old
law); and
(b) that law is re-enacted or remade (with or without modifications, and
whether or not the old law is repealed);
the ruling is taken also to be an oral ruling about that law as re-enacted
or remade (the new law), but only so far as the new law expresses
the same ideas as the old law.
Note: Ideas in tax laws are not necessarily different just
because different forms of words are used. See:
• section 15AC of the Acts Interpretation Act
1901; and
• section 1-3 of the Income Tax Assessment Act
1997.
2 Application of
Division 360 in Schedule 1 to the
Taxation Administration Act
1953
Division 360 in Schedule 1 to the Taxation Administration Act 1953
applies to the 2000-2001 income year and later income years.
Part
2—Consequential amendment of
Act
Income
Tax Assessment Act 1936
3 Subsection 170BA(3)
Omit “Subject to section 170BC,”, substitute “Subject to
sections 170BC and 170BDA,”.
4 Paragraph 170BA(3)(c)
Omit “section 170BC”, substitute “sections 170BC and
170BDA”.
5 After section 170BB
Insert:
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) Expressions used in this section have the same meanings as in Division
360 (Oral rulings) in Schedule 1 to the Taxation Administration Act
1953.
(3) If:
(a) there is an oral ruling on the way in which an income tax law applies
to a person in respect of a year of income in relation to an oral ruling
arrangement (ruled way); and
(b) that law applies to that person in respect of that year in relation to
that arrangement in a different way; and
(c) the amount of final tax under an assessment in relation to that person
would (apart from this section and sections 170BDA, 170BDB and 170BDC) exceed
what it would have been if that law applied in the ruled way;
the assessment and amount of final tax must be what they would be if that
law applied in the ruled way.
(4) This section has effect subject to sections 170BDA, 170BDB and
170BDC.
Note: The heading to section 170BC is replaced by the
heading “Assessment of tax other than withholding tax if public or
private rulings conflict”.
6 After section 170BC
Insert:
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a public ruling on the way in which an income tax law applies
to a person in relation to an arrangement; and
(b) there is an oral ruling on the way in which the same income tax law
applies to the same person in relation to the same arrangement; and
(c) those ways are different; and
(d) apart from this section, because of there being those different ways,
there are conflicting requirements under section 170BA or 170BC and section
170BCA of what the assessment and amount of final tax in relation to that person
are to be;
the assessment and amount of final tax must be what they would be if that
law so applied in whichever of those ways would result in the lowest amount of
final tax.
(3) Expressions used in paragraph (2)(a) have the same meanings as in
section 170BA.
(4) Expressions used in paragraph (2)(b) have the same meanings as in
Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act
1953.
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a private ruling on the way in which an income tax law
applies to a person in relation to an arrangement (private ruling
way); and
(b) there is an oral ruling on the way in which the same income tax law
applies to the same person in relation to the same arrangement; and
(c) those ways are different; and
(d) apart from this section, because of there being those different ways,
there are conflicting requirements under section 170BB or 170BC and section
170BCA of what the assessment and amount of final tax in relation to that person
are to be;
the assessment and amount of final tax must be what they would be if that
law applied in the private ruling way.
(3) Expressions used in paragraph (2)(a) have the same meanings as in
section 170BB.
(4) Expressions used in paragraph (2)(b) have the same meanings as in
Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act
1953.
(1) In this section:
final tax has the same meaning as in section 170BA.
(2) If:
(a) there is a public ruling on the way in which an income tax law applies
to a person in relation to an arrangement; and
(b) there is a private ruling on the way in which the same income tax law
applies to the same person in relation to the same arrangement; and
(c) there is an oral ruling on the way in which the same income tax law
applies to the same person in relation to the same arrangement; and
(d) those ways are different;
the assessment and amount of final tax must be what they would be if the
oral ruling had not been made.
(3) Expressions used in paragraph (2)(a) have the same meanings as in
section 170BA.
(4) Expressions used in paragraph (2)(b) have the same meanings as in
section 170BB.
(5) Expressions used in paragraph (2)(c) have the same meanings as in
Division 360 (Oral rulings) in Schedule 1 to the Taxation Administration Act
1953.
Part
1—Amendment of the Taxation
Administration Act 1953
1 At the end of Schedule 1
Add:
[The next Division is Division 400]
To improve compliance with the tax laws that relate to payments for certain
supplies, this Part imposes additional requirements on purchasers and
suppliers.
The additional requirements relate to verification of ABNs and to reporting
information about payments.
Regulations will specify the supplies that are covered and the additional
requirements that apply to payments for those supplies.
(1) There are 4 components in the payment, ABN and identification
verification system:
(a) transaction reporting by purchasers (Division 405);
(b) transaction reporting by suppliers (Division 410);
(c) verification of suppliers’
*ABNs by purchasers (Division 415);
(d) verification of suppliers’ identities by purchasers (Division
417);
One or more of the components may apply to a particular payment. The
regulations will specify which components apply.
(2) Where a component of the system applies to a payment, the requirements
of that component must be complied with.
Table of sections
405-5 Payments to which this Division
applies
405-10 Reporting requirements
405-15 Invoices produced by purchasers
(1) This Division applies to any payments made, or liable to be made, for
a *supply where the supply is specified in
regulations made for the purpose of this section.
(2) A payment is liable to be made if the obligation to make the payment
is notified in an *invoice.
(3) Payments to which this Division applies are called Division 405
payments.
(4) Without limiting the ways in which the regulations may specify a
*supply, the regulations may specify a supply
by reference to:
(a) the goods or services supplied; or
(b) the supplier; or
(c) the purchaser.
(1) Any entity (the purchaser) that makes, or is liable to
make, a *Division 405 payment during a
*quarter must give a
*Division 405 report to the Commissioner within
21 days after the end of the quarter.
(2) A Division 405 report is a written statement in the
*approved form that names the purchaser and,
for each supplier in relation to whom the purchaser made, or was liable to make,
a *Division 405 payment during the
*quarter:
(a) names the supplier; and
(b) specifies the supplier’s *ABN
(if known by the purchaser); and
(c) specifies the total of the Division 405 payments that the purchaser
made, or was liable to make, to the supplier during the quarter that:
(i) were notified in an invoice during the quarter (unless the payment was
reported in an earlier Division 405 report); or
(ii) were made during the quarter but for which no invoice had been
received before the end of the quarter.
The report must also include any other information that the Commissioner
requires.
(3) The Commissioner may, in writing, require particular information to be
included in a *Division 405 report or a class
of Division 405 reports.
(4) The Commissioner may, by written notice, vary any requirements under
subsection (1), (2) or (3) in relation to a purchaser or class of purchaser. The
Commissioner may do so in such instances and to such extent as the Commissioner
thinks fit.
If a purchaser produces an *invoice that
notifies the purchaser’s obligation to make a payment, the purchaser is
taken to have been notified of the payment at the time that the invoice is
produced.
Table of sections
410-5 Payments to which this Division
applies
410-10 Reporting requirements
410-15 Invoices produced by purchasers
(1) This Division applies to any payments received, or entitled to be
received, for a *supply where the supply is
specified in regulations made for the purpose of this section.
(2) A payment is entitled to be received if the obligation to make the
payment is notified in an *invoice.
(3) Payments to which this Division applies are called Division 410
payments.
(4) Without limiting the ways in which the regulations may specify a
*supply, the regulations may specify a supply
by reference to:
(a) the goods or services supplied; or
(b) the supplier; or
(c) the purchaser.
(1) Any entity (the supplier) that receives, or is entitled
to receive, a *Division 410 payment during a
*quarter must give a
*Division 410 report to the Commissioner within
21 days after the end of the quarter.
(2) A Division 410 report is a written statement in the
*approved form that names the supplier and, for
each purchaser in relation to whom the supplier received, or was entitled to
receive, a *Division 410 payment during the
*quarter:
(a) names the purchaser; and
(b) specifies the purchaser’s *ABN
(if known by the supplier); and
(c) specifies the total of the Division 410 payments that the supplier
received, or was entitled to receive, from the purchaser during the quarter
that:
(i) were notified in an invoice during the quarter (unless the payment was
reported in an earlier Division 410 report); or
(ii) were received during the quarter but for which no invoice had been
provided before the end of the quarter.
The report must also include any other information that the Commissioner
requires.
(3) The Commissioner may, in writing, require particular information to be
included in a *Division 410 report or a class
of Division 410 reports.
(4) The Commissioner may, by written notice, vary any requirements under
subsection (1), (2) or (3) in relation to a supplier or class of supplier. The
Commissioner may do so in such instances and to such extent as the Commissioner
thinks fit.
If a purchaser produces an *invoice that
notifies the purchaser’s obligation to make a payment, the supplier is
taken to have notified the purchaser of the payment at the time that the invoice
is produced.
Table of sections
415-5 Payments to which this Division
applies
415-10 ABN verification requirements
415-15 Method of obtaining ABN verification
415-20 Verification applies to later
payments
(1) This Division applies if:
(a) a payment is made, or is liable to be made, by an entity (the
purchaser) to another entity (the supplier) for a
*supply; and
(b) the supply is specified in regulations made for the purpose of this
section; and
(c) the supplier has purported to *quote
his or her *ABN to the purchaser.
(2) Payments to which this Division applies are called Division 415
payments.
(3) Without limiting the ways in which the regulations may specify a
*supply, the regulations may specify a supply
by reference to:
(a) the goods or services supplied; or
(b) the supplier; or
(c) the purchaser.
Before the purchaser makes a *Division
415 payment to the supplier, the purchaser must obtain verification that the
*ABN *quoted
by the supplier is the ABN entered in the
*Australian Business Register with the name
given by the supplier.
Note: If the purchaser has reasonable grounds to believe
that the supplier has not correctly quoted his or her ABN, the purchaser is
required to withhold an amount under section 12-190.
(1) To obtain verification of a supplier’s
*ABN, a purchaser must seek the verification in
a manner approved in writing by the Commissioner.
(2) Without limiting the Commissioner’s power under subsection (1),
the Commissioner may approve verifications being sought orally or by way of
electronic transmission.
(3) Verification of an *ABN may be
obtained in such form, including orally or by way of electronic transmission, as
the Commissioner approves in writing.
(4) The Commissioner may, by written notice, vary any requirements under
subsection (1) in relation to:
(a) a purchaser or class of purchaser; or
(b) a supplier or class of supplier.
The Commissioner may do so in such instances and to such extent as the
Commissioner thinks fit.
(1) Verification of a supplier’s ABN applies to all later
*Division 415 payments by the purchaser to the
supplier unless there is a period of 2 years during which no
*Division 415 payment is made by the purchaser
to the supplier. If this occurs, the verification continues to apply to any
purchases before 1 July first occurring after the end of the 2 year
period.
(2) However, verification of a supplier’s
*ABN does not apply to a
*Division 415 payment if the purchaser has
reasonable grounds to believe that the *ABN
*quoted by the supplier is no longer the ABN
entered in the *Australian Business Register
with the name given by the supplier.
Table of sections
417-5 Payments to which this Division
applies
417-10 Identity verification requirements
417-15 Method of obtaining identity
verification
417-20 Verification applies to later
payments
(1) This Division applies if:
(a) a payment is made, or liable to be made, by an entity (the
purchaser) to another entity (the supplier) for a
*supply; and
(b) the supply is specified in regulations made for the purpose of this
section.
(2) Payments to which this Division applies are called Division 417
payments.
(3) Without limiting the ways in which the regulations may specify a
*supply, the regulations may specify a supply
by reference to:
(a) the goods or services supplied; or
(b) the supplier; or
(c) the purchaser.
Before the purchaser makes a *Division
417 payment, the purchaser must obtain verification of the supplier’s
identity.
Note: If the purchaser has reasonable grounds to believe
that the supplier has not correctly quoted his or her ABN, the purchaser is
required to withhold an amount under section 12-190.
(1) To obtain verification of a supplier’s identity, a purchaser
must carry out the identity verification procedure that is determined, in
writing, by the Commissioner.
(2) The Commissioner may determine different identity verification
procedures for:
(a) different purchasers or classes of purchasers; or
(b) different suppliers or classes of suppliers.
(1) Verification of a supplier’s identity applies to all later
*Division 417 payments by the purchaser to the
supplier unless there is a period of 2 years during which no
*Division 417 payment is made by the purchaser
to the supplier. If this occurs, the verification continues to apply to any
purchases before 1 July first occurring after the end of the 2 year
period.
(2) However, verification of a supplier’s identity does not apply to
a later *Division 417 payment if the purchaser
has reasonable grounds to believe that the verified identity is not the
supplier’s true identity.
Table of sections
420-5 Failing to report: civil penalty
An entity that fails to:
(a) give a *Division 405 report to the
Commissioner as required by section 405-10; or
(b) give a *Division 410 report to the
Commissioner as required by section 410-10; or
(c) verify a supplier’s *ABN as
required by section 415-10; or
(d) verify a supplier’s identity as required by section
417-10;
is liable to pay to the Commissioner a penalty of 20 penalty
units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 contains machinery provisions for civil
penalties.
425-20 Constructive payment
425-25 Non-cash benefits
425-30 Amounts to be expressed in Australian
currency
(1) In working out whether an entity has paid an amount to another entity,
and when the payment is made, the amount is taken to have been paid to the other
entity when the first entity applies or deals with the amount in any way on the
other’s behalf or as the other directs.
(2) An amount is taken to be payable by an entity to another entity if the
first entity is required to apply or deal with it in any way on the
other’s behalf or as the other directs.
For the purposes of this Part, if an entity (the payer)
provides a *non-cash benefit to another entity
(the recipient), the payer is taken to have made a payment of an
amount equal to the *market value of the
benefit provided.
If this Part requires a payment made in foreign currency to be reported,
the payment:
(a) is to be expressed in Australian currency; and
(b) is to be worked out on the basis of the exchange rate applicable when
the amount is paid.
Part
2—Application of
amendments
2 Application
The amendments made by this Schedule apply to payments made, liable to be
made, received or entitled to be received on or after 1 July 2000.
Income
Tax Assessment Act 1936
1 Section 202A
Insert:
approved form has the same meaning as in the Income Tax
Assessment Act 1997.
2 Section 202A
Insert:
eligible PAYG payment means:
(a) a payment from which an amount must be withheld under Subdivision 12-B
(other than section 12-55), Subdivision 12-C or Subdivision 12-D in Schedule 1
to the Taxation Administration Act 1953; or
(b) a non-cash benefit in respect of which an amount is payable to the
Commissioner under section 14-5 in Schedule 1 to the Taxation Administration
Act 1953 because of the application of that section in relation to
Subdivision 12-B, 12-C or 12-D of that Schedule;
and has a meaning affected by section 202AA.
3 Section 202A (definition of
employee)
Repeal the definition.
4 Section 202A (definition of
employer)
Repeal the definition.
5 Section 202A (definition of employment
declaration)
Repeal the definition.
6 Section 202A
Insert:
payer means a person who makes an eligible PAYG payment, or
is likely to make an eligible PAYG payment.
7 Section 202A
Insert:
recipient means a person who receives an eligible PAYG
payment, or is likely to receive an eligible PAYG payment.
8 Section 202A
Insert:
TFN declaration means a declaration made for the purposes of
section 202C.
9 After section 202A
Insert:
In applying the definition of eligible PAYG payment in
section 202A:
(a) a requirement to withhold a nil amount is treated as a requirement to
withhold an amount; and
(b) a requirement to pay a nil amount to the Commissioner is treated as a
requirement to pay an amount to the Commissioner; and
(c) the following provisions in Schedule 1 to the Taxation
Administration Act 1953 are to be disregarded, namely: section 12-1,
subsection 12-45(2), subsection 12-110(2) and subsection 12-115(2).
10 Subsection 202BC(2)
Omit “employers”, substitute “payers”.
11 Subsection 202BC(2)
Omit “employer”, substitute “payer”.
12 Subsection 202BD(1)
Omit “an employer”, substitute “a payer”.
13 Subsection 202BD(1)
Omit “the employer”, substitute “the
payer”.
14 Subsection 202BD(5)
Omit “employer”, substitute “payer”.
15 Subsection 202BD(6)
Omit “an employer of the employee (being an employer whose name and
address is not stated on the application), the employer’s”,
substitute “a payer of the applicant (being a payer whose name and address
is not stated on the application), the payer’s”.
16 Division 3 of Part VA
(heading)
Repeal the heading, substitute:
17 Section 202C
Repeal the section, substitute:
(1) A person who is a recipient of a payer, or expects to become a
recipient of a payer, may make a TFN declaration in relation to the
payer.
(2) To be effective, the declaration must be made in the approved
form.
18 Subsection 202CA(1)
Repeal the subsection, substitute:
(1) Subject to this Division, a TFN declaration commences to have effect
when it is made.
Note: Under section 202CB, a TFN declaration is not
effective unless the tax file number of the recipient is stated in the
declaration.
(1A) A TFN declaration ceases to have effect when the recipient makes
another TFN declaration in relation to the payer.
(1B) A TFN declaration ceases to have effect 12 months after it is made if
no eligible PAYG payment is made by the payer to the recipient during that 12
month period.
(1C) If:
(a) the payer makes an eligible PAYG payment to the recipient after the
TFN declaration is made; and
(b) a period of 12 months then elapses without any further eligible PAYG
payment being made by the payer to the recipient;
then the TFN declaration ceases to have effect at the end of that period of
12 months.
Note: The heading to section 202CA is altered by omitting
“employment declaration” and substituting “TFN
declaration”.
19 Subsection 202CA(2)
Omit “An employment declaration”, substitute “A TFN
declaration”.
20 Subsection 202CA(3)
Omit “employment declarations” (wherever occurring), substitute
“TFN declarations”.
21 Subsections 202CB(1) to
(5)
Repeal the subsections, substitute:
(1) Subject to subsections (2) and (4) and subsection 202CE(2), a TFN
declaration is not effective for the purposes of this Part unless the tax file
number of the recipient is stated in the declaration.
(2) For the purposes of this Part, a recipient is taken to have stated his
or her tax file number in a TFN declaration if the declaration includes a
statement:
(a) that an application by the recipient for a tax file number is pending;
or
(b) that the recipient has a tax file number but does not know what it is
and has asked the Commissioner to inform him or her of the number.
(3) Where:
(a) a TFN declaration includes such a statement; and
(b) the recipient who made the declaration fails to inform the payer of
the recipient’s tax file number within 28 days after making the
declaration;
subsection (2) does not apply to the declaration in respect of any time
after the end of the period of 28 days.
(4) For the purposes of this Part, a recipient is taken to have stated his
or her tax file number in a TFN declaration in relation to a payer while a
notice under section 202BD given to the payer in relation to the recipient is in
force.
(5) If:
(a) the tax file number of a recipient is withdrawn under section 202BF;
and
(b) at the time of the withdrawal, the number is stated in a TFN
declaration;
the declaration is taken to state the tax file number of the recipient in
spite of the withdrawal of the number.
Note: The heading to section 202CB is altered by omitting
“employment declaration” and substituting “TFN
declaration”.
22 Subsection 202CB(6)
Omit “an employment declaration”, substitute “a TFN
declaration”.
23 Paragraph 202CB(6)(b)
Repeal the paragraph, substitute:
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, a payment referred to in paragraph
(a).
24 Subsection 202CB(7)
Omit “an employment declaration”, substitute “a TFN
declaration”.
25 Paragraph 202CB(7)(b)
Repeal the paragraph, substitute:
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, such a pension or
allowance.
26 Section 202CC
Repeal the section, substitute:
Nothing in this Division prevents a recipient making a new TFN
declaration in place of a TFN declaration that is ineffective under subsection
202CB(1).
27 Subsection 202CD(1)
Omit “an employee gives an employer an employment declaration, the
employer”, substitute “a recipient gives a payer a TFN declaration,
the payer”.
Note: The heading to section 202CD is altered by omitting
“employment declaration” and substituting “TFN
declaration”.
28 Paragraph 202CD(1)(b)
Omit “within the forwarding period for the declaration”,
substitute “within 14 days after the declaration is made”.
29 Subsections 202CD(2) and
(3)
Repeal the subsections.
30 Paragraphs 202CD(4)(a) and
(b)
Repeal the paragraphs, substitute:
(a) a TFN declaration, when given to a payer, does not quote the
recipient’s tax file number; and
(b) before the payer sends the declaration to the Deputy Commissioner, the
recipient informs the payer of the recipient’s tax file number;
31 Subsection 202CD(4)
Omit “the employer” (last occurring), substitute “the
payer”.
32 Subsection 202CD(5)
Omit “employee”, substitute “recipient”.
33 After subsection
202CD(5)
Insert:
(5A) A payer who fails to comply with subsection (1) or (4) is liable to
pay to the Commissioner a penalty of 10 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 in Schedule 1 to the Taxation
Administration Act 1953 contains machinery provisions relating to civil
penalties.
34 Subsection 202CD(6)
Omit “employer”, substitute “payer”.
35 Subsection 202CD(6)
Omit “an employment declaration”, substitute “a TFN
declaration”.
36 Paragraph 202CE(1)(a)
Omit “an employment declaration”, substitute “a TFN
declaration”.
37 Paragraph 202CE(1)(b)
Omit “employee”, substitute “recipient”.
38 Subsection 202CE(1)
Omit “employer”, substitute “payer”.
39 Subsection 202CE(1)
Omit “employee’s”, substitute
“recipient’s”.
40 Subsection 202CE(2)
Omit “employment declaration”, substitute “TFN
declaration”.
41 Subsection 202CE(2)
Omit “employee’s”, substitute
“recipient’s”.
42 Paragraph 202CE(3)(a)
Omit “an employment declaration”, substitute “a TFN
declaration”.
43 Subparagraph
202CE(3)(a)(ii)
Omit “employee’s”, substitute
“recipient’s”.
44 Paragraph 202CE(3)(b)
Omit “employee”, substitute “recipient”.
45 Subsection 202CE(3)
Omit “employer” (wherever occurring), substitute
“payer”.
46 Subsection 202CE(4)
Omit “employee”, substitute “recipient”.
47 Subsection 202CE(5)
Omit “employee”, substitute “recipient”.
48 Subsection 202CE(6)
Omit “employment declaration”, substitute “TFN
declaration”.
49 Subsection 202CE(6)
Omit “employee”, substitute “recipient”.
50 Subsection 202CE(7)
Omit “an employment declaration”, substitute “a TFN
declaration”.
51 Paragraph 202CE(7)(b)
Repeal the paragraph, substitute:
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, a payment referred to in paragraph
(a).
52 Subsection 202CE(8)
Omit “an employment declaration”, substitute “a TFN
declaration”.
53 Paragraph 202CE(8)(b)
Repeal the paragraph, substitute:
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, such a pension or
allowance.
54 After section 202CE
Insert:
(1) If, after the commencement of this section, a person (the
payer) commences a relationship with another person under which,
or as a result of which, the payer will make (or will be likely to make)
eligible PAYG payments to a person (the recipient), whether or not
the recipient is a party to the relationship, the payer must give notice to the
Commissioner in the approved form, within 14 days after the commencement of the
relationship, unless a TFN declaration made by the recipient to the payer is in
effect at the end of that 14 day period.
(2) If, at the commencement of this section, a person (the
payer) has a relationship with another person under which, or as a
result of which, the payer will make (or will be likely to make) eligible PAYG
payments to a person (the recipient), whether or not the recipient
is a party to the relationship, the payer must give notice to the Commissioner
in the approved form, not later than 31 October 2000, unless a TFN declaration
made by the recipient to the payer is in effect on 31 October 2000.
(3) A payer who fails to comply with subsection (1) or (2) is liable to
pay to the Commissioner a penalty of 10 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 in Schedule 1 to the Taxation
Administration Act 1953 contains machinery provisions relating to civil
penalties.
55 Subsection 202EA(1)
Omit “an employee as a result of being paid”, substitute
“a recipient because the person receives, or expects to
receive,”.
56 Subsection 202EA(1)
Omit “an employment declaration”, substitute “a TFN
declaration”.
57 Subsection 202EA(2)
Omit “an employment declaration”, substitute “a TFN
declaration”.
58 Subsection 202EA(2)
Omit “an employer”, substitute “a payer”.
59 Subsection 202EA(3)
Omit “an employment declaration”, substitute “a TFN
declaration”.
60 Subsection 202EF(1)
Repeal the subsection, substitute:
(1) For the purposes of this Part, a recipient is taken to have quoted the
recipient’s tax file number in a TFN declaration given to the payer
concerned under section 202C if all eligible PAYG payments by the payer to the
recipient would be exempt from income tax because of Division 1A of Part
III.
61 Subsection 202EF(3)
Repeal the subsection, substitute:
(3) Subsection (1) or (2) continues to have effect until the end of one
month after the payments or income would no longer be exempt from income tax
because of Division 1A of Part III.
62 Paragraph 202EF(4)(a)
Omit “employment”, substitute “payments”.
63 Paragraph 202EF(4)(b)
Omit “income derived from the employment, or from the
investment”, substitute “the payments, or income derived from the
investment”.
64 Subsection 202EF(4)
Omit “employer”, substitute “payer”.
65 Subsection 23(1) (definition of employment
declaration)
Repeal the definition.
66 Subsection 23(1)
Insert:
TFN declaration has the same meaning as in Part VA of the
Income Tax Assessment Act 1936.
Social
Security Administration Act 1999
67 Paragraph 75(2)(a)
Omit “an employment declaration”, substitute “a TFN
declaration”.
68 Paragraph 75(3)(a)
Omit “an employment declaration”, substitute “a TFN
declaration”.
Taxation
Administration Act 1953
69 After section 16-150 in Schedule
1
Insert:
(1) An entity must give a report to the Commissioner in the
*approved form, not later than 31 October after
the end of a *financial year, if during the
financial year:
(a) the entity made any payment from which an amount was required to be
withheld under section 12-190, Subdivision 12-F (other than section 12-215,
12-250 or 12-285) or Subdivision 12-G; or
(b) the entity provided any *non-cash
benefit in respect of which an amount was required to be paid to the
Commissioner under Division 14 because of the application of that Division in
relation to section 12-190, Subdivision 12-F (other than section 12-215, 12-250
or 12-285) or Subdivision 12-G; or
(c) the entity received any payment from which an amount was required to
be withheld under section 12-215, 12-250 or 12-285; or
(d) the entity received any non-cash benefit in respect of which an amount
was required to be paid to the Commissioner under Division 14 because of the
application of that Division in relation to section 12-215, 12-250 or
12-285.
(2) An entity must give a report to the Commissioner in the form required
by subsection (3), not later than 14 August after the end of a
*financial year, if during the financial
year:
(a) the entity made any payment from which an amount was required to be
withheld under Subdivision 12-B, 12-C or 12-D; or
(b) the entity provided any *non-cash
benefit in respect of which an amount was required to be paid to the
Commissioner under Division 14 because of the application of that Division in
relation to Subdivision 12-B, 12-C or 12-D; or
(c) any person has a *reportable fringe
benefit amount for the income year ending at the end of the financial year in
respect of the person’s employment by the entity.
(3) The report under subsection (2) must be either:
(a) a report in the *approved form;
or
(b) a report consisting of:
(i) copies of all the summaries that the entity gave in relation to the
*financial year under section 16-155 in respect
of payments, *non-cash benefits and
*reportable fringe-benefit amounts covered by
subsection (2) of this section; and
(ii) an accompanying statement in the approved form.
(4) An entity that fails to comply with subsection (1) or (2) is liable to
pay to the Commissioner a penalty of 10 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 contains machinery provisions relating
to civil penalties.
(5) In applying this section:
(a) a requirement to pay a nil amount to the Commissioner is to be treated
as a requirement to pay an amount to the Commissioner; and
(b) a requirement to withhold a nil amount is to be treated as a
requirement to withhold an amount.
(6) The Commissioner may, to meet the special circumstances of a
particular case or class of cases, vary the requirements of this
section.
(7) A variation must be made by a written notice:
(a) if it applies to a particular entity— that is given to that
entity; or
(b) if it applies to a class of entities—that is given to each of
the entities, or a copy of which is published in the Gazette.
Veterans’
Entitlements Act 1986
70 Subsection 128A(1) (definition of
employment declaration)
Repeal the definition.
71 Subsection 128A(1)
Insert:
TFN declaration has the same meaning as in Part VA of the
Income Tax Assessment Act 1936.
72 Subparagraph
128A(4)(a)(i)
Omit “an employment declaration”, substitute “a TFN
declaration”.
Part
2—Application and
transitional
73 Application of new annual reporting
rules
Section 16-153 in Schedule 1 to the Taxation Administration Act 1953
applies for the financial year commencing on 1 July 2000, and for all later
financial years.
74 Transitional rules for TFN
declarations
(1) Any employment declaration that is effective under Part VA of the
Income Tax Assessment Act 1936 immediately before 1 July 2000 continues
to have effect as if it were a TFN declaration given on 1 July 2000 under that
Part (as amended by this Act).
(2) For such a declaration, subsection 202CD(1) of the Income Tax
Assessment Act 1936 applies as if that subsection specified 28 days instead
of 14 days.
Part
1—Income Tax Assessment Act
1936
1 Subsection 6(1)
Insert:
shorter period of review taxpayer or SPOR
taxpayer has the meaning given by section 6AD.
2 After section 6AC
Insert:
(1) For the purposes of this Act, a taxpayer is a shorter period of
review taxpayer or a SPOR taxpayer for a year of income if
the taxpayer is an individual, other than an individual in the capacity of a
trustee, who, for that year of income:
(a) satisfies the SPOR income test under subsection (2); and
(b) satisfies the SPOR deduction test under subsection (3); and
(c) is not ineligible to be a SPOR taxpayer under subsection
(4).
(2) A taxpayer satisfies the SPOR income test for a year of
income if the taxpayer’s assessable income for that year of income
consists only of one or more of the following amounts:
(a) an amount that is salary or wages for the purposes of Subdivision AB
of Division 17 of Part III;
(b) an amount of interest payable by a financial institution or a
government body (as defined by section 202A);
(c) an amount that is a dividend, if the company that paid it was a
resident, and a listed public company (as defined by subsection 995-1(1) of the
Income Tax Assessment Act 1997) whose shares were listed for quotation in
the official list of the Australian Stock Exchange Limited, at the earliest of
the following times:
(i) if the liability to pay the dividend arose when the dividend was
declared—that time;
(ii) when the dividend became due and payable;
(iii) when the dividend was paid.
(3) A taxpayer satisfies the SPOR deduction test for a year
of income if the only amounts that are deducted from the taxpayer’s
assessable income in the Commissioner’s determination of the amount of the
taxpayer’s taxable income (if any) for that year of income are one or more
of the following amounts:
(a) an amount to the extent that it was expenditure incurred for managing
tax affairs as mentioned in paragraph 25-5(1)(a) of the Income Tax Assessment
Act 1997;
(b) an amount that was paid in respect of:
(i) an account-keeping fee charged by a financial institution;
or
(ii) a tax imposed under a law of the Commonwealth, of a State or of a
Territory in relation to an account kept with such an institution (for example,
financial institutions duty, debits tax or a similar tax);
(c) an amount of a gift of money, or an amount of a contribution of money,
to which item 1, 2 or 3 in the table in section 30-15 of the Income Tax
Assessment Act 1997 applies.
(4) A taxpayer is ineligible to be a SPOR taxpayer for a
year of income if any of the following circumstances exist in relation to the
taxpayer for that year of income:
(a) the taxpayer is not a resident of Australia for the whole of that year
of income;
(b) the taxpayer is entitled to a credit under Division 18 or 18A of Part
III;
(c) an amount of expenditure incurred to an associate (as defined by
subsection 318(1)) was deducted from the taxpayer’s assessable income in
the Commissioner’s determination of the amount of the taxpayer’s
taxable income (if any);
(d) the taxpayer derived income from an associate (as defined by
subsection 318(1));
(e) the taxpayer added up a capital gain or capital loss made during that
year of income under step 1 of the method statement in subsection 102-5(1) or
102-10(1) of the Income Tax Assessment Act 1997;
(f) the taxpayer derived an amount of income that is exempt from tax under
section 23AF or 23AG.
3 Subsections 161E(1) and
(2)
Repeal the subsections, substitute:
(1) The taxpayer must retain the declaration:
(a) if the taxpayer is not a SPOR taxpayer for the year of income to which
the return or application for amendment relates—for 5 years after the
declaration is made; or
(b) if the taxpayer is a SPOR taxpayer for the year of income to which the
return or application for amendment relates—until the end of 2 years
starting on:
(i) the day on which tax is due and payable under the taxpayer’s
assessment or amended assessment for that year of income; or
(ii) if no tax is due and payable for that year of income—the 30th
day after the day on which notice from the Commissioner containing a statement
to that effect is served on the taxpayer.
(2) The taxpayer must produce the declaration if requested to do so by the
Commissioner within the period of 5 years or 2 years, as the case
requires.
(2A) If:
(a) either of the following subparagraphs applies:
(i) the taxpayer is not a SPOR taxpayer for the year of income to which
the return or application for amendment relates but had reasonable grounds to
believe that he or she was a SPOR taxpayer for that year of income;
(ii) the taxpayer was a SPOR taxpayer for that year of income but ceased
to be a SPOR taxpayer for that year of income as a result of an amended
assessment notice of which was served on the taxpayer after the 2 years referred
to in paragraph (1)(b); and
(b) if the Commissioner served on the taxpayer within the 2 years referred
to in paragraph (1)(b) a notice requiring him or her to produce the declaration
and the taxpayer was capable of doing so—the taxpayer complied with the
notice;
the taxpayer is not guilty of an offence for:
(c) failing to retain the declaration for the 5 years referred to in
paragraph (1)(a); or
(d) failing to produce the declaration within that period because the
declaration had not been retained.
4 Subsection 170(1A)
Omit all the words after paragraph (b), substitute:
the Commissioner may:
(c) if the taxpayer is not a SPOR taxpayer for the year of income to which
the amended assessment relates—within 4 years after the day on which
notice of the amended assessment was served; or
(d) if the taxpayer is a SPOR taxpayer for the year of income to which the
amended assessment relates—within 2 years after the day on which tax is
due and payable under the amended assessment;
further amend the assessment in, or in respect of, that particular in a way
that increases the taxpayer’s liability to the extent that the
Commissioner thinks necessary.
5 Paragraphs 170(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) if the Commissioner is of the opinion that the avoidance of tax is due
to fraud or evasion—at any time; or
(b) if paragraph (a) does not apply, the taxpayer is a relevant entity
within the meaning of Division 1B of Part VI and the assessment is taken by
section 166A to have been made—within 4 years after the day on which the
assessment is so taken to have been made; or
(c) if neither paragraph (a) nor (b) applies and the taxpayer is not a
SPOR taxpayer for the year of income to which the assessment
relates—within 4 years after the day on which tax became due and payable
under the assessment; or
(d) if neither paragraph (a) nor (b) applies and the taxpayer is a SPOR
taxpayer for the year of income to which the assessment relates—within 2
years after the day on which tax became due and payable under the
assessment;
6 Subsection 170(3)
Repeal the subsection, substitute:
(3) An amendment effecting a reduction in a taxpayer’s liability
under an assessment is not to be made:
(a) if the taxpayer is a relevant entity within the meaning of Division 1B
of Part VI and the assessment is taken by section 166A to have been
made—after the end of 4 years after the day on which the assessment is so
taken to have been made; or
(b) if paragraph (a) does not apply and the taxpayer is not a SPOR
taxpayer for the year of income to which the assessment relates—after the
end of 4 years after the day on which tax became due and payable under the
assessment; or
(c) if paragraph (a) does not apply and the taxpayer is a SPOR taxpayer
for the year of income to which the assessment relates—after the end of 2
years after the day on which tax became due and payable under the
assessment.
7 Subsection 170(5)
Repeal the subsection, substitute:
(5) If an assessment has, under this section, been amended in any
particular, the Commissioner may:
(a) if the taxpayer is not a SPOR taxpayer for the year of income to which
the assessment relates—within 4 years after the day on which tax became
due and payable under the amended assessment; or
(b) if the taxpayer is a SPOR taxpayer for the year of income to which the
assessment relates—within 2 years after the day on which tax became due
and payable under the amended assessment;
make, in or in respect of that particular, such further amendment of the
assessment as, in the Commissioner’s opinion, is necessary to effect such
reduction in the taxpayer’s liability under the assessment as is
just.
8 Subsection 170(6)
Repeal the subsection, substitute:
(6) If:
(a) a taxpayer applies for an amendment of his or her assessment;
and
(b) either of the following subparagraphs applies:
(i) if the taxpayer is not a SPOR taxpayer for the year of income to which
the assessment relates—the application is made within 4 years after the
day on which tax became due and payable under the assessment;
(ii) if the taxpayer is a SPOR taxpayer for the year of income to which
the assessment relates—the application is made within 2 years after the
day on which tax became due and payable under the assessment; and
(c) the taxpayer has supplied to the Commissioner within the period
applicable under subparagraph (b)(i) or (ii), as the case may be, all
information needed by the Commissioner for the purpose of deciding the
application;
the Commissioner may amend the assessment when he or she decides the
application even though that period has elapsed.
9 Paragraph (b) of subsection 170(6A) (second
occurring)
Repeal the paragraph, substitute:
(b) either of the following subparagraphs applies:
(i) if the taxpayer is not a SPOR taxpayer for the year of income to which
the application relates—the application is made within 4 years after the
last day allowed to the taxpayer for lodging a return in relation to the
taxpayer’s income for that year of income;
(ii) if the taxpayer is a SPOR taxpayer for the year of income to which
the application relates—the application is made within 2 years after the
last day allowed to the taxpayer for lodging a return in relation to the
taxpayer’s income for that year of income; and
10 Subsection 170(6A) (second
occurring)
Renumber as subsection (6AA).
Insert:
(9E) Nothing in this section prevents the amendment of an assessment
within 4 years after the day on which tax became due and payable under the
assessment if:
(a) the amendment relates wholly to one of the following:
(i) an amount included in the taxpayer’s assessable income other
than an amount referred to in subsection 6AD(2);
(ii) an amount (other than an amount referred to in subsection 6AD(3))
that was deducted from the taxpayer’s assessable income in the
Commissioner’s determination of the amount of the taxpayer’s taxable
income;
(iii) an amount (other than an amount referred to in subsection 6AD(3))
that the taxpayer was entitled to deduct, but was not deducted, from the
taxpayer’s assessable income in the Commissioner’s determination of
the amount of the taxpayer’s taxable income; or
(b) the amendment is necessary because circumstances referred to in
subsection 6AD(4) that were previously believed to exist in relation to the
taxpayer for a year of income have been found not to exist; or
(c) the amendment is necessary, in the Commissioner’s opinion, to
make a correct assessment solely because of an amendment made under paragraph
(a) or (b).
(9F) If:
(a) the Commissioner makes an amendment of an assessment on the assumption
that the taxpayer was not a SPOR taxpayer for the year of income to which the
assessment related; and
(b) the Commissioner would not have been authorised under this Act to make
the amendment if the taxpayer had been a SPOR taxpayer for that year of income;
and
(c) the Commissioner afterwards becomes aware that the taxpayer is a SPOR
taxpayer for that year of income;
nothing in this section prevents the Commissioner from making a further
amendment of the assessment for the purpose of reversing the effect of the
earlier amendment.
12 Subsection 251R(6D)
Omit “subsection (6F)”, substitute “subsections (6F) and
(6FA)”.
13 Subsection 251R(6F)
Repeal the subsection, substitute:
(6F) Subject to subsection (6FA), subsection (6D) does not apply, and is
taken never to have applied, if the first person fails to retain the family
agreement until the end of:
(a) if the first person is not a SPOR taxpayer for the year of income
concerned—5 years beginning on the date of lodgment of the first
person’s return of income for that year of income; or
(b) if the first person is a SPOR taxpayer for the year of income
concerned—2 years beginning on:
(i) the day on which tax is due and payable under the first person’s
assessment for that year of income; or
(ii) if no tax is due and payable for that year of income—the 30th
day after the day on which notice from the Commissioner containing a statement
to that effect is served on the first person.
(6FA) If:
(a) either of the following subparagraphs applies:
(i) the first person is not a SPOR taxpayer for the year of income
concerned but had reasonable grounds to believe that he or she was a SPOR
taxpayer for that year of income;
(ii) the first person was a SPOR taxpayer for the year of income concerned
but ceased to be a SPOR taxpayer for that year of income as a result of an
amended assessment notice of which was served on that person after the 2 years
referred to in paragraph (6F)(b); and
(b) if the Commissioner served on the first person within the period of 2
years referred to in paragraph (6F)(b) a notice requiring him or her to produce
the family agreement and that person was capable of doing so—that person
complied with the notice;
subsection (6F) applies as if the first person were a SPOR taxpayer for the
year of income concerned.
Part
2—Taxation Administration
Act 1953
14 Section 2
Insert:
SPOR taxpayer has the meaning given by section 6AD of the
Income Tax Assessment Act 1936.
15 Subsection 14ZAL(2)
After “14ZAN(f)”, insert “or (fa)”.
16 Paragraph 14ZAN(f)
Repeal the paragraph, substitute:
(f) where the rulee is not a SPOR taxpayer for the year of income to which
the application relates—the application is made later than 4 years after
the last day allowed to the rulee for lodging a return in relation to the
rulee’s income for that year of income; or
(fa) where the rulee is a SPOR taxpayer for the year of income to which
the application relates—the application is made later than the end of 2
years after the last day allowed to the rulee for lodging a return in relation
to the rulee’s income for that year of income; or
17 Paragraph 14ZW(1)(aa)
After “if”, insert “the person is not a SPOR taxpayer for
the year of income in respect of which the assessment, determination, notice or
decision to which the taxation objection relates was made and”.
18 After paragraph
14ZW(1)(aa)
Insert:
(aaa) if the person is a SPOR taxpayer for the year of income to which the
taxation objection relates and the taxation objection is made under section 175A
of the Income Tax Assessment Act 1936—2 years after notice of the
taxation decision to which it relates has been served on the person;
or
19 Subsection 14ZW(1A)
Repeal the subsection, substitute:
(1A) If a private ruling relates to a year of income for which a person is
not a SPOR taxpayer, the person cannot lodge a taxation objection against the
ruling after the end of whichever of the following ends last:
(a) 60 days after the private ruling was made;
(b) 4 years after the last day allowed to the person for lodging a return
in relation to the person’s income for that year of income.
(1AA) If a private ruling relates to a year of income for which a person
is a SPOR taxpayer, the person cannot lodge a taxation objection against the
ruling after the end of whichever of the following ends last:
(a) 60 days after the private ruling was made;
(b) 2 years after the last day allowed to the person for lodging a return
in relation to the person’s income for that year of income.
20 After subsection
14ZW(1B)
Insert:
(1BA) If:
(a) section 14ZV applies to a taxation objection; and
(b) apart from this subsection, paragraph (1)(aaa) would apply to the
taxation objection;
the person must lodge the taxation objection before the end of whichever of
the following ends last:
(c) 2 years after notice of the assessment or determination that has been
amended by the amended assessment or amended determination to which the taxation
objection relates has been served on the person;
(d) 60 days after the notice of the amended assessment to which the
taxation objection relates has been served on the person.
21 Subsection 14ZW(2)
Repeal the subsection, substitute:
(2) If the period within which an objection by a person is required to be
lodged has passed, the person may nevertheless lodge the objection with the
Commissioner together with a written request asking the Commissioner to deal
with the objection as if it had been lodged within that period.
22 Subsections 14ZW(3), 14ZX(3), 14ZY(1) and
14ZYA(1)
Omit “the 4 years or 60 days”, substitute “the required
period”.
23 Section 18-100
Repeal the section, substitute:
(1) An entity that is given a *payment
summary and a copy of it in any financial year under this Part must retain the
copy:
(a) if the entity is not a *SPOR taxpayer
for the income year constituted by that financial year—for 5 years after
the end of that financial year; or
(b) if the entity is a SPOR taxpayer for that income year—for 2
years after:
(i) the day on which tax is due and payable under the entity’s
assessment for that income year; or
(ii) if no tax is due and payable for that income year—the 30th day
after the day on which notice by the Commissioner containing a statement to that
effect is served on the entity.
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for the
current value of a penalty unit.
(2) An entity is not guilty of an offence for failing to retain a copy of
a *payment summary given to the entity in a
financial year if:
(a) either of the following subparagraphs applies:
(i) the entity was not a *SPOR taxpayer
for the income year constituted by that financial year but had reasonable
grounds to believe that the entity was a SPOR taxpayer for that income
year;
(ii) the entity was a SPOR taxpayer for that income year but ceased to be
a SPOR taxpayer for that income year as a result of an amended assessment notice
of which was served on the entity after the 2 years referred to in paragraph
(1)(b); and
(b) if the Commissioner served on the entity within the 2 years referred
to in paragraph (1)(b) a notice requiring the entity to produce the
summary—the entity complied with the notice.
Part
3—Application of
amendments
24 Application
(1) The amendment made by item 2 applies in respect of the year of income
commencing on 1 July 2000 or a later year of income.
(2) The amendment made by item 3 applies to declarations made on or after 1
July 2000 in respect of returns given or applications for amendments made in
respect of the year of income commencing on that day or a later year of
income.
(3) The amendments made by items 4 to 9 and 11 apply to amendments made on
or after 1 July 2000 in respect of assessments for the year of income commencing
on that day or a later year of income.
(4) The amendments made by items 12 and 13 apply to family agreements
entered into on or after 1 July 2000 in respect of the year of income commencing
on that day or a later year of income.
(5) The amendments made by items 15 and 16 apply in respect of applications
made on or after 1 July 2000 for private rulings for the year of income
commencing on that day or a later year of income.
(6) The amendments made by items 17 to 22 apply in respect of taxation
objections made on or after 1 July 2000 in respect of assessments or private
rulings for the year of income commencing on that day or a later year of
income.
Income
Tax Assessment Act 1997
1 After subsection 30-5(4)
Insert:
(4AA) Subdivision 30-BA provides for the Commissioner to endorse as a
deductible gift recipient an entity that is, or operates, a fund, authority or
institution. The relevance of the Subdivision to you is that generally you can
deduct only a gift you make to a recipient that is endorsed or named
in:
(a) this Division; or
(b) regulations made for the purposes of this Division.
Note: The fact that gifts to a recipient registered in the
Australian Business Register are deductible will be shown in the
Register.
(4AB) Subdivision 30-CA sets out administrative rules which do not
directly affect whether you can deduct a gift you make. The rules
require:
(a) a receipt issued by an entity for a gift to the entity or to a fund,
authority or institution operated by the entity to show the entity’s ABN;
and
(b) the Australian Business Registrar to enter in the Australian Business
Register a statement in relation to an entity entered in the Register
if:
(i) gifts to the entity are deductible; or
(ii) gifts to a fund, authority or institution operated by the entity are
deductible.
2 Subsection 30-15(2) (table item 1, after
paragraph (a) in the column headed “Special
conditions”)
Insert:
|
|
|
|
(aa) the fund, authority or institution must either meet the requirements
of section 30-17 or be mentioned by name in the relevant table item in
Subdivision 30-B; and |
3 Subsection 30-15(2) (table item 2, paragraph
(a) in the column headed “Recipient”)
Repeal the paragraph, substitute:
|
(a) the purpose of providing money, property or benefits: |
|
|
|
4 Subsection 30-15(2) (table item 2, at the end
of the column headed “Special conditions”)
Add:
|
|
|
|
; and |
5 Subsection 30-15(2) (table item 4, after
paragraph (b) in the column headed “Special
conditions”)
Insert:
|
|
|
|
(ba) the institution must meet the requirements of section 30-17, unless it
is the Australiana Fund; and |
6 At the end of Subdivision
30-A
Add:
(1) This section sets out requirements to be met for you to be able to
deduct a gift you make to a fund, authority or institution described in the
column headed “Recipient” of item 1, 2 or 4 of the table in section
30-15. However, this section does not apply to:
(a) a fund, authority or institution that is mentioned by name in an item
of a table in Subdivision 30-B; or
(b) a *prescribed private fund;
or
(c) the Australiana Fund.
(2) The fund, authority or institution must:
(a) be an entity or *government entity
that is endorsed under Subdivision 30-BA as a
*deductible gift recipient; or
(b) in the case of a fund—either:
(i) be owned legally by an entity that is endorsed under Subdivision 30-BA
as a *deductible gift recipient for the
operation of the fund; or
(ii) be under the control of one or more persons who constitute a
*government entity that is endorsed under
Subdivision 30-BA as a *deductible gift
recipient for the operation of the fund; or
(c) in the case of an authority or institution—be part of an entity
or *government entity that is endorsed under
Subdivision 30-BA as a *deductible gift
recipient for the operation of the authority or institution.
Example: A public fund that is established and maintained
for constructing a building to be used by a State school and is controlled by
the principal of the school would be an example of a fund under the control of
one or more persons who constitute a government entity that is endorsed as a
deductible gift recipient for the operation of the fund, if the school were so
endorsed.
7 After Subdivision 30-B
Insert:
This Subdivision sets out rules about endorsement of entities and
government entities as deductible gift recipients. Endorsement of an entity
described (except by name) in Subdivision 30-A, 30-B or 30-D lets you deduct a
gift you make to a fund, authority or institution that is, or is operated by,
the entity.
Table of sections
Endorsement as a deductible gift recipient
30-120 Endorsement by Commissioner
30-125 Entitlement to endorsement
30-130 Applying for endorsement
30-135 Dealing with an application for
endorsement
30-140 Notifying outcome of application for
endorsement
30-145 Date of effect of endorsement
30-150 Review of refusal of endorsement
30-155 Checking entitlement to endorsement
30-160 Telling Commissioner of loss of entitlement to
endorsement
30-165 Partnerships and unincorporated
bodies
30-170 Revoking endorsement
30-175 Review of revocation of endorsement
Government entities treated like entities
30-180 How this Subdivision applies to government
entities
[This is the end of the Guide.]
If an entity applies for it, the Commissioner must endorse the
entity:
(a) as a *deductible gift recipient, if
the entity is entitled to be endorsed as a deductible gift recipient;
or
(b) as a *deductible gift recipient for
the operation of a fund, authority or institution, if the entity is entitled to
be endorsed as a deductible gift recipient for the operation of the fund,
authority or institution.
Endorsement of an entity that is a fund, authority or
institution
(1) An entity is entitled to be endorsed as a
*deductible gift recipient if the
entity:
(a) has an *ABN; and
(b) is a fund, authority or institution that:
(i) is described (but not by name) in item 1, 2 or 4 of the table in
section 30-15; and
(ii) is not described by name in Subdivision 30-B if it is described in
item 1 of that table; and
(iii) meets the relevant conditions (if any) identified in the column
headed “Special conditions” of the item of that table in which it is
described; and
(c) meets the requirements of subsections (4), (5) and (6).
Endorsement of an entity for operating a fund, authority
etc.
(2) An entity is entitled to be endorsed as a
*deductible gift recipient for the operation of
a fund, authority or institution that is described (but not by name) in item 1,
2 or 4 of the table in section 30-15 and is not described by name in Subdivision
30-B if:
(a) the entity has an *ABN; and
(b) the entity:
(i) legally owns the fund; or
(ii) includes the authority or institution; and
(c) the fund, authority or institution meets the relevant conditions (if
any) identified in the column headed “Special conditions” of that
item; and
(d) the entity meets the requirements of subsections (4), (5) and
(6).
Relevant special conditions in table in section 30-15
(3) To avoid doubt, a condition requiring the fund, authority or
institution to meet the requirements of section 30-17 is not a relevant
condition for the purposes of subparagraph (1)(b)(iii) or paragraph
(2)(c).
Note: Section 30-17 requires the entity to be endorsed under
this Subdivision as a deductible gift recipient.
Maintaining gift fund
(4) The entity must maintain for the principal purpose of the fund,
authority or institution a fund (the gift fund):
(a) to which gifts of money or property for that purpose are to be made;
and
(b) to which any money received by the entity because of such gifts is to
be credited; and
(c) that does not receive any other money or property.
Limits on use of gift fund
(5) The entity must use the following only for the principal purpose of
the fund, authority or institution:
(a) gifts made to the gift fund;
(b) any money received because of such gifts.
Transfer of assets from gift fund
(6) A law (outside this Subdivision), a document constituting the entity
or rules governing the entity’s activities must require the entity to
transfer, at the first occurrence of an event described in subsection (7), any
surplus assets of the gift fund to a fund, authority or institution gifts to
which can be deducted under this Division.
Events requiring transfer
(7) The events are:
(a) the winding up of the gift fund; and
(b) if the entity is endorsed because of a fund, authority or
institution—the revocation of the entity’s endorsement under this
Subdivision relating to the fund, authority or institution.
Note 1: There are 2 ways an entity can be endorsed because
of a fund, authority or institution. An entity can be endorsed either because
it is a fund, authority or institution or because it operates a fund,
authority or institution.
Note 2: Section 30-170 deals with revocation of
endorsement.
(1) An entity may apply to the Commissioner for endorsement.
(2) The application:
(a) must be in a form approved by the Commissioner; and
(b) must be signed for the entity, or include the entity’s
*electronic signature if the application is
*lodged electronically; and
(c) must be lodged at, or posted to, an office or facility designated by
the Commissioner as a receiving centre for applications of that kind;
and
(d) may be lodged electronically.
Note: The Commissioner could approve a form that is part of
an application form for an ABN.
Requesting further information or documents
(1) The Commissioner may request an applicant to give the Commissioner
specified information, or a specified document, the Commissioner needs to decide
whether the applicant is entitled to endorsement unless the information or
document is given.
Treating application as being refused
(2) After the time worked out under subsection (3), the applicant may give
the Commissioner written notice that the applicant wishes to treat the
application as having been refused, if the Commissioner has not given the
applicant before that time written notice that the Commissioner endorses or
refuses to endorse the applicant.
Note: Section 30-140 requires the Commissioner to give the
applicant written notice if the Commissioner endorses or refuses to endorse the
applicant.
(3) The time is the end of the 60th day after the application was made.
However, if before that time the Commissioner requests the applicant under
subsection (1) to give information or a document, the time is the later of the
following (or either of them if they are the same):
(a) the end of the 28th day after the last day on which the applicant
gives the Commissioner information or a document he or she has
requested;
(b) the end of the 60th day after the application was made.
(4) If the applicant gives notice under subsection (2), section 30-150
operates as if the Commissioner had refused the application on the day on which
the notice is given.
Note: Section 30-150 lets the applicant object against
refusal of an application in the manner set out in Part IVC of the Taxation
Administration Act 1953. That Part provides for review of the refusal
objected against.
(5) The notice given by the applicant:
(a) may be *lodged electronically;
and
(b) must be signed for the applicant, or include the applicant’s
*electronic signature if the application is
*lodged electronically.
(1) The Commissioner must give the applicant written notice if:
(a) the Commissioner endorses the applicant; or
(b) the Commissioner refuses to endorse the applicant.
(2) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
(1) The endorsement has effect from a date specified by the
Commissioner.
(2) The date specified may be any date (including a date before the
application for endorsement was made and a date before the applicant had an
*ABN).
Note: An entity may fail to apply for endorsement by 30 June
2000. The Commissioner may endorse an application by such an entity from 1 July
2000.
If the applicant is dissatisfied with the Commissioner’s refusal to
endorse the applicant in accordance with the application, the applicant may
object against the refusal in the manner set out in Part IVC of the Taxation
Administration Act 1953.
Note: That Part provides for review of the refusal objected
against.
(1) The Commissioner may request an entity that is endorsed to give the
Commissioner information or a document that is relevant to the entity’s
entitlement to endorsement. The entity must comply with the request.
Note 1: Section 30-125 sets out the conditions for an entity
to be entitled to be endorsed.
Note 2: This Act is a taxation law for the purposes of the
Taxation Administration Act 1953. Failure to comply with this subsection
is an offence against section 8C of that Act. Also, the Commissioner may revoke
the endorsement of the entity under section 30-170 if it fails to comply with
this subsection.
Note 3: Section 30-165 modifies the way this subsection
operates in relation to partnerships and unincorporated bodies.
(2) The request:
(a) is to be made by notice in writing to the entity; and
(b) may ask the entity to give the information in writing; and
(c) must specify:
(i) the information or document the entity is to give; and
(ii) the period within which the entity is to give the information or
document.
The period specified under subparagraph (c)(ii) must end at least 28 days
after the notice is given.
(3) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
(4) If the request is for the entity to give information in writing, the
document setting out the information:
(a) must be given to the Commissioner; and
(b) may be *lodged electronically;
and
(c) must be signed for the entity, or include the entity’s
*electronic signature if the document is lodged
electronically.
(1) Before, or as soon as practicable after, an entity that is endorsed
ceases to be entitled to be endorsed, the entity must give the Commissioner
written notice of the cessation.
Note 1: Section 30-125 sets out when an entity is entitled
to be endorsed.
Note 2: This Act is a taxation law for the purposes of the
Taxation Administration Act 1953. Failure to comply with this subsection
is an offence against section 8C of that Act.
Note 3: Section 30-165 modifies the way this subsection
operates in relation to partnerships and unincorporated bodies.
(a) may be *lodged electronically;
and
(b) must be signed for the entity, or include the entity’s
*electronic signature if the document is lodged
electronically.
(3) Subsection (1) does not apply to an entitlement to endorsement ceasing
because the entity ceases to have an
*ABN.
Application to partnerships
(1) If, apart from this subsection, section 30-155 or 30-160 would impose
an obligation on a partnership, the obligation is imposed on each partner, but
may be discharged by any of the partners.
Application to unincorporated bodies
(2) If, apart from this subsection, section 30-155 or 30-160 would impose
an obligation on an unincorporated association or body, the obligation is
imposed on each member of the committee of management of the association or
body, but may be discharged by any of the members of the committee.
Defences for partners and members of committee of
management
(3) In a prosecution of a person for an offence against section 8C of the
Taxation Administration Act 1953 because of subsection (1) or (2), it is
a defence if the person proves that the person:
(a) did not aid, abet, counsel or procure the act or omission because of
which the offence is taken to have been committed; and
(b) was not in any way, by act or omission, directly or indirectly,
knowingly concerned in, or party to, the act or omission because of which the
offence is taken to have been committed.
(1) The Commissioner may revoke the endorsement of an entity if:
(a) the entity is not entitled to be endorsed; or
(b) the Commissioner has requested the entity under section 30-155 to
provide information or a document that is relevant to its entitlement to
endorsement and the entity has not provided the requested information or
document within the time specified in the request; or
(c) the entity has contravened Subdivision 30-CA (which requires the
entity to ensure that certain things are stated in any receipts it issues for
certain gifts).
Note: Section 30-125 sets out the conditions for an entity
to be entitled to be endorsed.
(2) The revocation has effect from a date specified by the Commissioner
(which may be a date before the Commissioner decided to revoke the
endorsement).
(3) However, if the Commissioner revokes the endorsement because the
entity is not entitled to it, the Commissioner must not specify a date before
the date on which the entity first ceased to be entitled.
(4) The Commissioner must give the entity written notice if the
Commissioner revokes its endorsement.
(5) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
If the entity is dissatisfied with the revocation of its endorsement, the
entity may object against the revocation in the manner set out in Part IVC of
the Taxation Administration Act 1953.
Note: That Part provides for review of the revocation
objected against.
(1) The other sections of this Subdivision apply in relation to a
*government entity in the same way as they
apply in relation to an entity.
(2) Subparagraph 30-125(2)(b)(i) (as applied by this section) operates as
if it referred to the *government entity
consisting of persons, one or more of whom controlled the fund (instead of
referring to the entity legally owning the fund).
(3) If, apart from this subsection, section 30-155 or 30-160 (as applied
by this section) would impose an obligation on a
*government entity:
(a) that is an unincorporated association or body; and
(b) for whose management a single person is responsible to persons or
bodies outside the government entity;
the obligation is imposed on that person.
(4) Subsection (3) has effect despite:
(a) subsection (1); and
(b) subsection 30-165(2) as it applies because of this section.
8 After Subdivision 30-C
Insert:
An entity must ensure certain details must appear on a receipt it issues
for a gift that:
(a) is made to the entity or a fund, authority or institution it operates;
and
(b) is of a kind that the giver can deduct under Subdivision
30-A.
If the entity has an ABN, the Australian Business Registrar must state in
the Australian Business Register that the entity is a deductible gift
recipient.
Table of sections
Requirements
30-227 Entities to which this Subdivision
applies
30-228 Content of receipt for gift
30-229 Australian Business Register must show deductibility
of gifts to deductible gift recipient
[This is the end of the Guide.]
(1) This Subdivision sets out requirements relating to a
*deductible gift recipient.
(2) A deductible gift recipient is an entity or
*government entity that:
(a) is a fund, authority or institution described in item 1, 2, 4, 5 or 6
of the table in section 30-15 and is:
(i) endorsed under Subdivision 30-BA as a deductible gift recipient;
or
(ii) mentioned by name in that table or in Subdivision 30-B; or
(iii) a *prescribed private fund;
or
(b) is endorsed as a deductible gift recipient for the operation of a
fund, authority or institution described in item 1, 2 or 4 of the table in
section 30-15.
If a *deductible gift recipient issues a
receipt for a gift described in the relevant item of the table in section 30-15
to the fund, authority or institution, the deductible gift recipient must ensure
that the receipt states:
(a) the name of the fund, authority or institution; and
(b) the *ABN (if any) of the deductible
gift recipient; and
(c) the fact that the receipt is for a gift.
Note: If the deductible gift recipient is endorsed as a
deductible gift recipient and it contravenes this section, the Commissioner may
revoke its endorsement: see section 30-170.
(1) If a *deductible gift recipient has
an *ABN, the
*Australian Business Registrar must enter in
the *Australian Business Register in relation
to the deductible gift recipient a statement that it is a deductible gift
recipient for a specified period.
Note 1: An entry (or lack of entry) of a statement required
by this section does not affect whether you can deduct a gift to the fund,
authority or institution.
Note 2: This section will apply to all entities and
government entities that are endorsed as deductible gift recipients under
Subdivision 30-BA, because they must have ABNs to be endorsed. It will also
apply to other entities described or named in Subdivision 30-A if they have
ABNs.
(2) If the *deductible gift recipient is
a deductible gift recipient only because it is endorsed under Subdivision 30-BA
as a deductible gift recipient for the operation of a fund, authority or
institution, the statement must name the fund, authority or
institution.
(3) The *Australian Business Registrar
may remove the statement from the *Australian
Business Register after the end of the period.
(4) The *Australian Business Registrar
must take reasonable steps to ensure that a statement appearing in the
*Australian Business Register under this
section is true. For this purpose, the Registrar may:
(a) change the statement; or
(b) remove the statement from the Register if the statement is not true;
or
(c) remove the statement from the Register and enter another statement in
the Register under this section.
(5) Making, changing or removing an entry in the
*Australian Business Register as required or
permitted by this section does not contravene section 16 of the Income Tax
Assessment Act 1936 (Officers to observe secrecy).
9 After subsection
30-230(2)
Insert:
(2A) When you die, one of the following requirements must be
met:
(a) the recipient must be endorsed under Subdivision 30-BA as a deductible
gift recipient;
(b) there must be an entity endorsed under Subdivision 30-BA as a
*deductible gift recipient for the operation of
the recipient institution.
This subsection does not apply if the recipient is The Australiana
Fund.
10 Paragraph 30-265(2)(a)
Omit “can”, substitute “are to”.
11 Paragraph 30-300(3)(a)
Omit “can”, substitute “are to”.
12 Subsection 30-315(2) (after table item
17)
Insert:
|
17A |
Australian Business Register |
section 30-229 |
13 Subsection 30-315(2) (after table item
46)
Insert:
|
46A |
Endorsement as a deductible gift recipient |
Subdivision 30-BA |
14 Subsection 30-315(2) (after table item
94)
Insert:
|
94A |
Receipts for gifts |
Subdivision 30-CA |
15 Paragraph 50-60(d)
Repeal the paragraph, substitute:
(d) distributes solely, and has at all times since 1 July 1997 distributed
solely, to a charitable fund, foundation or institution that, to the best of the
trustee’s knowledge, meets the description and requirements in item 1 or 2
of the table in section 30-15.
16 Paragraph 50-65(b)
Repeal the paragraph, substitute:
(b) a scientific research fund that meets the description and requirements
in item 1 or 2 of the table in section 30-15.
17 Paragraph 50-70(b)
Repeal the paragraph, substitute:
(b) is a society, association or club that meets the description and
requirements in item 1 of the table in section 30-15; or
18 Application
(1) The amendments of Subdivisions 30-A and 30-D of the Income Tax
Assessment Act 1997 made by this Schedule apply in relation to gifts made on
or after 1 July 2000.
(2) Section 30-228 of the Income Tax Assessment Act 1997 applies to
gifts made on or after 1 July 2000.
(3) The amendments of Division 50 of the Income Tax Assessment Act
1997 made by this Schedule apply in relation to ordinary income and
statutory income for a period starting on or after 1 July 2000.
Income
Tax Assessment Act 1997
1 Section 50-5 (table item 1.1, column headed
“Special conditions”)
Omit “section 50-50”, substitute “sections 50-50 and
50-52”.
2 Section 50-5 (table item 1.5, column headed
“Special conditions”)
Repeal the cell, substitute:
|
|
|
see sections 50-52 and 50-57 |
3 Section 50-5 (table item 1.5A, column headed
“Special conditions”)
Omit “section”, substitute “sections 50-52
and”.
4 Section 50-5 (table item 1.5B, column headed
“Special conditions”)
Omit “section”, substitute “sections 50-52
and”.
5 Section 50-5 (note)
Repeal the note, substitute:
Note 1: Section 50-52 has the effect that certain charitable
institutions, funds and trusts are exempt from income tax only if they are
endorsed under Subdivision 50-B.
Note 2: Section 50-80 may affect which item a trust is
covered by.
6 Paragraph 50-50(b)
Repeal the paragraph, substitute:
(b) is an institution that meets the description and requirements in item
1 of the table in section 30-15; or
7 Section 50-50 (note)
Renumber as Note 1.
8 At the end of section
50-50
Add:
Note 2: The entity must also meet other conditions to be
exempt from income tax: see section 50-52.
9 After section 50-50
Insert:
(1) An entity covered by item 1.1, 1.5, 1.5A or 1.5B is not exempt from
income tax unless the entity is endorsed as exempt from income tax under
Subdivision 50-B.
Note: The entity will not be exempt from income tax unless
it also meets other conditions: see section 50-50 (for an entity covered by item
1.1), 50-57 (for an entity covered by item 1.5) or section 50-60 (for an entity
covered by item 1.5A or 1.5B).
(2) However, an entity that is a charitable institution prescribed for the
purposes of paragraph 50-50(c) or (d) may be exempt from income tax even if the
entity is not endorsed as exempt from income tax under Subdivision 50-B (as long
as the entity meets the other requirements of this Division).
(3) This section has effect despite all the other sections of this
Subdivision.
Note: This means that an entity covered both by an item
other than 1.1, 1.5, 1.5A or 1.5B and by one of those items is not exempt from
income tax unless the entity is endorsed under Subdivision 50-B as exempt from
income tax (or is prescribed for the purposes of paragraph 50-50(c) or (d)) and
the entity meets the requirements of whichever of sections 50-50, 50-57 and
50-60 is relevant.
10 Paragraph 50-55(b)
Repeal the paragraph, substitute:
(b) is an institution that meets the description and requirements in item
1 of the table in section 30-15; or
11 After section 50-55
Insert:
A fund covered by item 1.5 is not exempt from income tax unless the fund
is applied for the purpose for which it was established.
Note: The fund must also meet another condition to be exempt
from income tax: see section 50-52.
12 Section 50-60 (note)
Renumber as Note 1.
13 At the end of section
50-60
Add:
Note 2: The fund must also meet other conditions to be
exempt from income tax: see section 50-52.
14 Subsection 50-80(1)
After “Subdivision”, insert “and Subdivision
50-B”
15 Section 50-80 (link
note)
Repeal the link note, substitute:
This Subdivision sets out rules about endorsement of charitable
institutions and trust funds for charitable purposes as exempt from income tax.
Such entities are only exempt from income tax if they are endorsed.
Table of sections
Endorsing charitable entities as exempt from income tax
50-105 Endorsement by Commissioner
50-110 Entitlement to endorsement
50-115 Applying for endorsement
50-120 Dealing with an application for
endorsement
50-125 Notifying outcome of application for
endorsement
50-130 Date of effect of endorsement
50-135 Review of refusal of endorsement
50-140 Checking entitlement to endorsement
50-145 Telling Commissioner of loss of entitlement to
endorsement
50-150 Partnerships and unincorporated
bodies
50-155 Revoking endorsement
50-160 Review of revocation of endorsement
[This is the end of the Guide.]
The Commissioner must endorse an entity as exempt from income tax if the
entity:
(a) is entitled to be endorsed as exempt from income tax; and
(b) has applied for endorsement.
General rule
(1) An entity is entitled to be endorsed as exempt from income tax if the
entity meets all the relevant requirements of this section.
Which entities are entitled to be endorsed?
(2) To be entitled, the entity must be an entity covered by item 1.1, 1.5,
1.5A or 1.5B of the table in section 50-5.
Requirement for ABN
(3) To be entitled, the entity must have an
*ABN.
(4) However, for a trust:
(a) covered by item 1.5 of the table in section 50-5 because the trust is
covered by paragraph 50-80(1)(d); or
(b) covered by item 1.5A of the table in section 50-5 (because the trust
is covered by paragraph 50-80(1)(c));
to be entitled, the existing trust mentioned in paragraph 50-80(1)(a) must
have an *ABN.
Requirement to meet special conditions
(5) To be entitled, either:
(a) the entity must meet the relevant conditions referred to in the column
headed “Special conditions” of whichever of items 1.1, 1.5, 1.5A and
1.5B of the table in section 50-5 covers the entity; or
(b) both of the following conditions must be met:
(i) the entity must not have carried on any activities as a charitable
institution (if the entity is covered by item 1.1 of the table in section 50-5)
or for public charitable purposes (if the entity is covered by item 1.5, 1.5A or
1.5B of that table);
(ii) there must be reasonable grounds for believing that the entity will
meet the relevant conditions referred to in the column headed “Special
conditions” of whichever of items 1.1, 1.5, 1.5A or 1.5B of the table in
section 50-5 covers the entity.
(6) To avoid doubt, the condition set out in section 50-52 (requiring the
entity to be endorsed under this Subdivision) is not a relevant condition for
the purposes of subsection (5).
(1) An entity may apply to the Commissioner for endorsement.
(2) The application:
(a) must be in a form approved by the Commissioner; and
(b) must be signed for the entity, or include the entity’s
*electronic signature if the application is
*lodged electronically; and
(c) must be lodged at, or posted to, an office or facility designated by
the Commissioner as a receiving centre for applications of that kind;
and
(d) may be lodged electronically.
Note: The Commissioner could approve a form that is part of
an application form for an ABN.
Requesting further information or documents
(1) The Commissioner may request an applicant to give the Commissioner
specified information, or a specified document, the Commissioner needs to decide
whether the applicant is entitled to endorsement unless the information or
document is given.
Treating application as being refused
(2) After the time worked out under subsection (3), the applicant may give
the Commissioner written notice that the applicant wishes to treat the
application as having been refused, if the Commissioner has not given the
applicant before that time written notice that the Commissioner endorses or
refuses to endorse the applicant.
Note: Section 50-125 requires the Commissioner to give the
applicant written notice if the Commissioner endorses or refuses to endorse the
applicant.
(3) The time is the end of the 60th day after the application was made.
However, if before that time the Commissioner requests the applicant under
subsection (1) to give information or a document, the time is the later of the
following (or either of them if they are the same):
(a) the end of the 28th day after the last day on which the applicant
gives the Commissioner information or a document he or she has
requested;
(b) the end of the 60th day after the application was made.
(4) If the applicant gives notice under subsection (2), section 50-135
operates as if the Commissioner had refused the application on the day on which
the notice is given.
Note: Section 50-135 lets the applicant object against
refusal of an application in the manner set out in Part IVC of the Taxation
Administration Act 1953. That Part provides for review of the refusal
objected against.
(5) The notice given by the applicant:
(a) may be *lodged electronically;
and
(b) must be signed for the applicant, or include the applicant’s
*electronic signature if the application is
*lodged electronically.
(1) The Commissioner must give the applicant written notice if:
(a) the Commissioner endorses the applicant; or
(b) the Commissioner refuses to endorse the applicant.
(2) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
(1) The endorsement has effect from a date specified by the
Commissioner.
(2) The date specified may be any date (including a date before the
application for endorsement was made and a date before the applicant had an
*ABN).
Note: An
entity may fail to apply for endorsement by 30 June 2000. The Commissioner may
endorse an application by such an entity from 1 July 2000.
If the applicant is dissatisfied with the Commissioner’s refusal to
endorse the applicant in accordance with the application, the applicant may
object against the refusal in the manner set out in Part IVC of the Taxation
Administration Act 1953.
Note: That Part provides for review of the refusal objected
against.
(1) The Commissioner may request an entity that is endorsed as exempt from
income tax to give the Commissioner information or a document that is relevant
to the entity’s entitlement to endorsement. The entity must comply with
the request.
Note 1: Section 50-110 sets out the conditions for an entity
to be entitled to be endorsed.
Note 2: This Act is a taxation law for the purposes of the
Taxation Administration Act 1953. Failure to comply with this subsection
is an offence against section 8C of that Act. Also, the Commissioner may revoke
the endorsement of the entity under section 50-155 if it fails to comply with
this subsection.
Note 3: Section 50-150 modifies the way this subsection
operates in relation to partnerships and unincorporated bodies.
(2) The request:
(a) is to be made by notice in writing to the entity; and
(b) may ask the entity to give the information in writing; and
(c) must specify:
(i) the information or document the entity is to give; and
(ii) the period within which the entity is to give the information or
document.
The period specified under subparagraph (c)(ii) must end at least 28 days
after the notice is given.
(3) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
(4) If the request is for the entity to give information in writing, the
document setting out the information:
(a) must be given to the Commissioner; and
(b) may be *lodged electronically;
and
(c) must be signed for the entity, or include the entity’s
*electronic signature if the document is lodged
electronically.
(1) Before, or as soon as practicable after, an entity that is endorsed as
exempt from income tax ceases to be entitled to be endorsed, the entity must
give the Commissioner written notice of the cessation.
Note 1: An entity ceases to be entitled to endorsement if it
ceases to be covered by item 1.1, 1.5, 1.5A or 1.5B of the table in section 50-5
or ceases to meet the special conditions identified in the item that covers it:
see section 50-110.
Note 2: This Act is a taxation law for the purposes of the
Taxation Administration Act 1953. Failure to comply with this subsection
is an offence against section 8C of that Act.
Note 3: Section 50-150 modifies the way this subsection
operates in relation to partnerships and unincorporated bodies.
(2) The notice:
(a) may be *lodged electronically;
and
(b) must be signed for the entity, or include the entity’s
*electronic signature if the document is lodged
electronically.
(3) Subsection (1) does not apply to an entitlement to endorsement ceasing
because the entity ceases to have an
*ABN.
Application to partnerships
(1) If, apart from this subsection, section 50-140 or 50-145 would impose
an obligation on a partnership, the obligation is imposed on each partner, but
may be discharged by any of the partners.
Application to unincorporated bodies
(2) If, apart from this subsection, section 50-140 or 50-145 would impose
an obligation on an unincorporated association or body, the obligation is
imposed on each member of the committee of management of the association or
body, but may be discharged by any of the members of the committee.
Defences for partners and members of committee of
management
(3) In a prosecution of a person for an offence against section 8C of the
Taxation Administration Act 1953 because of subsection (1) or (2), it is
a defence if the person proves that the person:
(a) did not aid, abet, counsel or procure the act or omission because of
which the offence is taken to have been committed; and
(b) was not in any way, by act or omission, directly or indirectly,
knowingly concerned in, or party to, the act or omission because of which the
offence is taken to have been committed.
(1) The Commissioner may revoke the endorsement of an entity as exempt
from income tax if:
(a) the entity is not entitled to be endorsed as exempt from income tax;
or
(b) the Commissioner has requested the entity under section 50-140 to
provide information or a document that is relevant to its entitlement to
endorsement and the entity has not provided the requested information or
document within the time specified in the request.
Note: Section 50-110 sets out the conditions for an entity
to be entitled to be endorsed.
(2) The revocation has effect from a day specified by the Commissioner
(which may be a day before the Commissioner decided to revoke the
endorsement).
(3) However, if the Commissioner revokes the endorsement because the
entity is not entitled to it, the Commissioner must not specify a day before the
day on which the entity first ceased to be entitled.
(4) The Commissioner must give the entity written notice if the
Commissioner revokes its endorsement.
(5) The Commissioner may give the notice by way of electronic
transmission. This does not limit the ways in which the Commissioner may give
the notice.
If the entity is dissatisfied with the revocation of its endorsement as
exempt from income tax, the entity may object against the revocation in the
manner set out in Part IVC of the Taxation Administration Act
1953.
Note: That Part provides for review of the revocation
objected against.
[The next Division is Division 51.]
16 Application
Subdivision 50-A of the Income Tax Assessment Act 1997 as amended by
this Schedule applies in relation to ordinary income and statutory income for a
period starting on or after 1 July 2000.
Part
1—ABNs for government
entities
A
New Tax System (Australian Business Number) Act 1999
1 At the end of section 16
Add:
Application to government entities headed by one person
(4) If, apart from this subsection, section 14 or 15 (as applied by
section 5) would impose an obligation on a
*government entity:
(a) that is an unincorporated association or body; and
(b) for whose management a single person is responsible to persons or
bodies outside the government entity;
the obligation is imposed on that person.
(5) Subsection (4) has effect despite:
(a) subsection (2); and
(b) sections 14 and 15 as they apply because of section 5.
2 Section 41 (at the end of the definition of
government entity)
Add:
; or (e) an organisation that:
(i) is not an entity; and
(ii) is either established by the Commonwealth, a State or a Territory
(whether under a law or not) to carry on an enterprise or established for a
public purpose by an *Australian law;
and
(iii) can be separately identified by reference to the nature of the
activities carried on through the organisation or the location of the
organisation;
whether or not the organisation is part of a Department or branch
described in paragraph (a), (b), (c) or (d) or of another organisation of the
kind described in this paragraph.
Part
2—Changes relating to
tax-deductible gifts
A
New Tax System (Australian Business Number) Act 1999
3 At the end of section 10
Add:
(2) The *Registrar may request
*you to give the Registrar specified
information or a specified document the Registrar needs to be satisfied
that:
(a) you are entitled to have an *ABN;
or
(b) your identity is established.
4 At the end of section 13
Add:
(4) For the purposes of measuring the 28 days mentioned in subsection (2),
disregard each period (if any):
(a) starting on the day when the
*Registrar requests
*you under subsection 10(2) to give the
Registrar specified information or a specified document; and
(b) ending at the end of the day you give the Registrar the specified
information or document.
5 At the end of subsection
25(2)
Add:
Note: Section 30-228 of the Income Tax Assessment Act
1997 also requires the Registrar to make entries in the Australian Business
Register about entities gifts to which are tax-deductible.
A
New Tax System (Australian Business Number) Act 1999
6 Subsection 14(1) (note 1)
Omit “subsection (3)”, substitute “section
15”.
Part
1—Amendment of the Taxation
Administration Act 1953
After “Act” (first occurring), insert “(except Schedule
1)”.
Repeal the section, substitute:
(1) An entity that carries on an
*enterprise must
withhold an amount from a payment that it makes to an individual in the course
or furtherance of the enterprise if:
(a) the enterprise is a *business of
arranging for persons to perform work or services directly for clients of the
entity, or the enterprise includes a business of that kind that is not merely
incidental to the main activities of the enterprise; and
(b) the payment is made under an
*arrangement the performance of which, in whole
or in part, involves the performance of work or services by the individual
directly for a client of the entity.
For exceptions, see section
12-1.
Example 1: Staffprovider Ltd keeps a database of skilled
persons who are willing for their services to be provided to third parties.
Staffprovider arranges with Corporate Pty Ltd to provide to it the services of a
computer programmer in return for payment. Staffprovider arranges with Jane for
her to do computer programming for Corporate. Staffprovider must withhold
amounts under this section from payments it makes to Jane under the arrangement
with her.
Example 2: Ian is a solicitor who regularly briefs
barristers to represent his clients. Briefing barristers is merely incidental to
Ian’s main activities as a solicitor, so he does not have to withhold
amounts under this section from payments he makes to
barristers.
(2) An entity that carries on an
*enterprise must withhold an amount from a
payment that it makes to an individual in the course or furtherance of the
enterprise if the payment is, in whole or in part, for work or services and is
of a kind prescribed by the regulations.
For exceptions, see section
12-1.
3 Subsection
16-125(4) in Schedule 1
Omit “paragraph 12-60(b)”, substitute “subsection
12-60(2)”.
4 Paragraph
45-20(3)(a) in Schedule 1
After “tax”, insert “or estimated benchmark
tax”.
5 Subsections
45-112(1) and (2) in Schedule 1
Repeal
the subsections, substitute:
(1) If, at the end of an *instalment
quarter in an income year, you are a *quarterly
payer who pays on the basis of GDP-adjusted notional tax, the amount of your
instalment for that quarter is:
(a) unless paragraph (b) or (c) applies—the amount that the
Commissioner works out under Subdivision 45-L, and notifies to you, as the
amount of the instalment; or
(b) if you choose to work out the amount of the instalment on the basis of
your estimate of your *benchmark tax for that
income year, and you notify the Commissioner in accordance with subsection
(2)—the amount worked out under Subdivision 45-M; or
(c) if paragraph (b) applied to your instalment for an earlier
*instalment quarter in that income
year—the amount that the Commissioner works out under Subdivision 45-M,
and notifies to you, as the amount of the instalment.
(2) If the amount of the instalment is worked out under paragraph (1)(b)
on the basis of your estimate of your
*benchmark tax for the income year, you must
notify the Commissioner in the *approved form,
on or before the day when the instalment is due (disregarding subsection (3)),
of the amount of that estimate.
(3) If:
(a) after the end of an
*instalment quarter the Commissioner notifies
you of an amount as the amount of your instalment for that quarter;
and
(b) the amount of your instalment for that quarter is not worked
out under paragraph (1)(b);
the instalment is due on or before the 21st day after the day on which the
notice is given.
6 Subsection
45-125(2) in Schedule 1
After “due”, insert “(disregarding subsection
45-112(3))”.
7 Subsection
45-125(3) (note) in Schedule 1
Repeal the note.
8 At the end of
section 45-125 in Schedule 1
Add:
(4) You stop being such a payer at the start of the next income
year (or earlier under section 45-130). However, you may again become such a
payer if:
(a) you again satisfy the conditions in
subsection (1) of this section; and
(b) you again choose under that subsection to pay quarterly instalments on
the basis of your *GDP-adjusted notional
tax.
Note: You can so choose on or before the day on which your
first instalment for that next income year is due.
9 Section 45-130
(heading) in Schedule 1
Repeal the heading, substitute:
10 Paragraph
45-130(1)(a) in Schedule 1
Repeal the paragraph.
11 Section 45-135 in
Schedule 1
Repeal the section.
12
Paragraph 45-215(1)(c) in Schedule 1 (step 2 of the method
statement)
After “section”, insert “or section
45-420”.
13 Section 45-230
(heading) in Schedule 1
Repeal the heading, substitute:
14 After section
45-230 in Schedule 1
Insert:
(1) You are liable to pay the *general
interest charge under this section if:
(a) the amount of your instalment for an
*instalment quarter (the variation
quarter) in an income year is worked out under paragraph 45-112(1)(b) or
(c) on the basis of your estimate of your
*benchmark tax for that income year;
and
(b) the estimate used is less than 85% of your
*benchmark tax for the income year (which the
Commissioner works out under section 45-365).
Amount on which the charge is payable
(2) You are liable to pay the *general
interest charge on the amount worked out as follows (if it is a positive
amount):
where:
actual amount means:
(a) the amount of your instalment, as worked out on the basis of the
estimate; or
(b) if, as a result of using the estimate, you claimed a credit under
section 45-420 for the variation quarter—the amount of the credit,
expressed as a negative amount.
(3) The acceptable amount of your instalment for an
*instalment quarter in an income year
is:
(a) if the amount of the instalment is worked out under paragraph
45-112(1)(b) or (c)—the amount worked out using the table in this
subsection (which can be a negative amount); or
(b) otherwise—the amount notified to you by the Commissioner under
paragraph 45-112(1)(a) as the amount of your instalment for that
*instalment quarter.
|
Acceptable amount of an instalment |
||
|---|---|---|
|
If the *instalment
quarter is: |
The acceptable amount of your instalment for that instalment quarter
is: |
|
|
1 |
the first in that income year for which you are liable to pay an
instalment |
the lower of: |
|
2 |
the second in that income year for which you are liable to pay an
instalment |
the lower of: |
|
3 |
the third in that income year for which you are liable to pay an
instalment |
the lower of: |
|
4 |
the fourth in that income year for which you are liable to pay an
instalment |
the lower of: |
Period for which the charge is payable
(4) You are liable to pay the charge for each day in the period
that:
(a) started at the beginning of the day by which the instalment for the
variation quarter was due to be paid; and
(b) finishes at the end of the earlier of the following days:
(i) the day on which your assessed tax for the income year is due to be
paid;
(ii) the last day on which you pay any of that tax.
Commissioner to notify you
(5) The Commissioner must give you written notice of the
*general interest charge to which you are
liable under subsection (2). You must pay the charge within 14 days after the
notice is given to you.
Further charge if charge under subsection (2) remains
unpaid
(6) If any of the *general interest
charge to which you are liable under subsection (2) remains unpaid at the end of
the 14 days referred to in subsection (5), you are also liable to pay the
*general interest charge on the unpaid amount
for each day in the period that:
(a) starts at the end of those 14 days; and
(b) finishes at the end of the last day on which, at the end of the day,
any of the following remains unpaid:
(i) the unpaid amount;
(ii) general interest charge on the unpaid amount.
(1) This section reduces the amount (the shortfall) on which
you are liable to pay the *general interest
charge under subsection 45-232(2) if, for a later
*instalment quarter (the later
quarter) that is in the same income year as the variation
quarter, the amount worked out as follows is a negative amount:
That amount (expressed as a positive number) is called the top
up.
(2) For the purposes of the formula in subsection (1):
actual amount of your instalment for the later quarter
means:
(a) the amount of your instalment for the later quarter, as worked out
under section 45-112; or
(b) if you claimed a credit under section 45-420 for the later
quarter—the amount of the credit, expressed as a negative
amount.
Amount of the reduction
(3) The shortfall is reduced by applying so much of the top up as does not
exceed the shortfall.
(4) However, if some of the top up has already been applied (under any
other application or applications of this section) to reduce the amount on which
you are liable to pay the *general interest
charge under subsection 45-232(2) as it applies to a different
*instalment quarter, the shortfall is reduced
by applying so much of the top up as has not already been applied, and does not
exceed the shortfall.
Period for which reduction has
effect
(5) The reduction has effect for each day in the period that:
(a) started at the beginning of the day by which the instalment for the
later quarter was due to be paid; and
(b) finishes at the end of the earlier of the following days:
(i) the day on which your assessed tax for the income year is due to be
paid;
(ii) the last day on which you pay any of that tax.
15 Section 45-240 in Schedule
1
After “45-230(2)”, insert “or 45-232(2)”.
16 After subsection
45-355(1) in Schedule 1
Insert:
(1A) The Commissioner may work out your
*benchmark tax for an income year (the
variation year) if, under paragraph 45-112(1)(b) or (c), the
amount of your instalment for an *instalment
quarter in an income year is worked out on the basis of your estimate of your
*benchmark tax for that income year.
17 Section 45-400 in
Schedule 1
Omit “section 45-112”, substitute “paragraph
45-112(1)(a)”.
18 At the end of
Division 45 in Schedule 1
Add:
Table of sections
45-410 Working out amount of instalment
45-415 Estimating your benchmark tax
45-420 Credit in certain cases where amount of instalment is
nil
(1) For the purposes of paragraph 45-112(1)(b) or (c), the amount of your
instalment for an *instalment quarter in an
income year is:
(a) the amount worked out, in accordance with this section, on the basis
of the estimate of your *benchmark tax for that
income year that section 45-415 requires to be used, if that amount is positive;
or
(b) otherwise—nil.
Note: If the amount is negative, you can claim a credit
under section 45-420.
First instalment quarter
(2) If the *instalment quarter is the
first in that income year for which you are liable to pay an instalment, the
amount is 25% of the estimate of your
*benchmark tax.
Second instalment quarter
(3) If the *instalment quarter is the
second in that income year for which you are liable to pay an instalment, the
amount is worked out by subtracting:
• the amount of your instalment under section 45-112 for the earlier
*instalment quarter in that income
year;
from:
• 50% of the estimate of your
*benchmark tax.
Third instalment quarter
(4) If the *instalment quarter is the
third in that income year for which you are liable to pay an instalment, the
amount is worked out using this method statement.
Method statement
Step 1. The total of your instalments under section 45-112 for
earlier *instalment quarters in that income
year is subtracted from 75% of the estimate of your
*benchmark tax.
Step 2. If you were entitled to claim a credit under section 45-420
for the second of those earlier *instalment
quarters, the amount of the credit is added to the step 1 amount.
Fourth instalment quarter
(5) If the *instalment quarter is the
fourth in that income year for which you are liable to pay an instalment, the
amount is worked out using this method statement.
Method statement
Step 1. The total of your instalments under section 45-112 for
earlier *instalment quarters in that income
year is subtracted from the estimate of your
*benchmark tax.
Step 2. For each credit that you were entitled to claim under
section 45-420 for any of those earlier
*instalment quarters, the amount of the credit
is added to the step 1 amount.
(1) If you choose under paragraph 45-112(1)(b) to work out the amount of
your instalment for an *instalment quarter in
an income year on the basis of your estimate of your
*benchmark tax for that income year, you must
make the estimate on or before the day on which the instalment is due
(disregarding subsection 45-112(3)).
(2) Having done so, you must use that estimate to work out the amount of
that instalment. (You cannot later make another estimate for working out that
amount.)
Note: If your estimate leads you to pay an instalment that
is too low, you may be liable to general interest charge under section 45-232.
(3) The Commissioner must also use that estimate to work out under this
Subdivision the amount of each instalment:
(a) that you are liable to pay for a later
*instalment quarter in that income year;
and
(b) whose amount he or she must notify to you under paragraph
45-112(1)(c);
unless a later application of this subsection requires him or her to use a
later estimate you make under subsection (1) of this section.
Note: This means that if an estimate you have made is not
appropriate for a later instalment quarter in the same income year, you should
choose under paragraph 45-112(1)(b) to work out the amount of your instalment
for that later quarter on the basis of a new estimate under this section. If the
instalment that the Commissioner works out on the basis of the earlier estimate
is too low, you may be liable to general interest charge under section
45-232.
(1) You are entitled to claim a credit if the amount of your instalment
for an *instalment quarter (the current
quarter) in an income year is nil because the amount worked out for the
current quarter in accordance with section 45-410 is negative. The amount of the
credit is equal to that amount, expressed as a positive amount.
(2) A claim for a credit must be made in the
*approved form on or before the day on which
the instalment for the current quarter is due.
Note: How the credit is applied is set out in Division 3 of
Part IIB.
Part
2—Amendment of other
Acts
A
New Tax System (Pay As You Go) Act 1999
Insert:
(1A) Items 6, 8 and 72 to 78 of Schedule 1 commence, or are taken to have
commenced, on 1 July 2000.
20 After subitem
3(3) of Schedule 1
Insert:
(3A) A certificate in force under subsection 221YHZB(4) of the Income
Tax Assessment Act 1936 at the end of 30 June 2000 has effect after that day
(with such modifications, if any, as the circumstances require) as if the
Commissioner had given it under section 12-335 in Schedule 1 to the Taxation
Administration Act 1953.
21 After item 49 of
Schedule 1
Insert:
49A Application
The amendment of the Income Tax Assessment Act 1936 made by item 39
of this Schedule applies to an income year that ends after 30 June
2000.
Income
Tax Assessment Act 1936
22 Subsection 6(1)
(paragraph (b) of the definition of this
Act)
Repeal the paragraph, substitute:
(b) Part IVC of the Taxation Administration Act 1953, so far as
that Part relates to:
(i) this Act or the Income Tax Assessment Act 1997; or
(ii) Schedule 1 to the Taxation Administration Act 1953;
and
After “money”, insert “at the end of the year of
income”.
The amendment of the Income Tax Assessment
Act 1936 made by item 23 of this Schedule applies to an income year that
ends after 30 June 2000.
Aboriginal
Land Rights (Northern Territory) Act 1976
1 Subsection 64A(2)
Omit “subsection 221ZB(1) of the Income Tax Assessment Act
1936 does not apply”, substitute “neither subsection 221ZB(1) of
the Income Tax Assessment Act 1936 nor section 12-320 in Schedule 1 to
the Taxation Administration Act 1953 applies”.
2 Subsection 64A(2)
Omit “that Act”, substitute “the Income Tax Assessment
Act 1936”.
3 Paragraph 139U(3)(b)
After “group certificate”, insert “or payment summary
(within the meaning of section 16-170 in Schedule 1 to the Taxation
Administration Act 1953)”.
Child
Support (Registration and Collection) Act 1988
4 Subsection 4(1) (paragraph (b) of the
definition of employee)
Repeal the paragraph, substitute:
(b) in any other case—means a person who receives, or is entitled to
receive, work and income support related withholding payments.
5 Subsection 4(1) (definition of
employer)
Repeal the definition, substitute:
employer means a person who makes, or is liable to make, work
and income support related withholding payments.
6 Subsection 4(1) (definition of salary and
wages)
Omit “salary or wages within the meaning of Division 2 of Part VI of
the Income Tax Assessment Act 1936”, substitute “work and
income support related withholding payments”.
7 Subsection 4(1)
Insert:
work and income support related withholding payments means
payments from which an amount must be withheld under a provision of Subdivision
12-B (other than section 12-55), 12-C or 12-D in Schedule 1 to the Taxation
Administration Act 1953 (even if the amount is not withheld).
Note: The payments covered are: payments to employees and
company directors, payments to office holders, return to work payments, payments
under labour hire arrangements, payments of pensions and annuities, eligible
termination payments, payments for unused leave, benefit payments, compensation
payments and payments specified by regulations.
8 Subsection 46(8)
Omit all the words after “after”, substitute “amounts (if
any) that are required to be withheld from the salary or wages under Part 2-5 in
Schedule 1 to the Taxation Administration Act 1953 have been
withheld”.
9 Paragraph 72B(4)(b)
Repeal the paragraph, substitute:
(b) money due by the person to the debtor is taken to be money that comes
to the person on behalf of the debtor, other than money that is:
(i) a natural resource payment or a royalty payment within the meaning of
Division 3B of Part VI of the Income Tax Assessment Act 1936;
or
(ii) a payment of a royalty referred to in Subdivision 12-F in Schedule 1
to the Taxation Administration Act 1953 or a payment to which section
12-325 of that Schedule applies (natural resource payments).
Crimes
(Taxation Offences) Act 1980
10 Subsection 3(1) (after paragraph (g) of the
definition of income tax)
Insert:
(ga) any amount payable to the Commissioner under Subdivision 16-A or 16-B
in Schedule 1 to the Taxation Administration Act 1953; and
11 Subsection 120B(16) (paragraph (a) of the
definition of net salary)
Repeal the paragraph, substitute:
(a) pursuant to Part 2-5 in Schedule 1 to the Taxation Administration
Act 1953; and
12 Application
The amendment made by item 11 applies to salary (within the meaning of
section 120B of the Defence Act 1903) that first becomes payable on or
after 1 July 2000.
Higher
Education Funding Act 1988
13 Subsection 106U(3)
Omit “Division 2 of Part VI of the Assessment Act applies”,
substitute “Part 2-5 (other than section 12-55 and Subdivisions 12-E, 12-F
and 12-G) in Schedule 1 to the Taxation Administration Act 1953
applies”.
Income
Tax Assessment Act 1936
14 Sub-subparagraph
16(4)(ga)(i)(C)
Omit “for the purposes of Division 2 of Part VI of this
Act”.
15 Subsection 16(4AA)
Insert:
employee has the meaning given by subsection
221A(1).
16 Subsection 16(4AA) (definition of
employer)
Repeal the definition, substitute:
employer has the meaning given by subsection
221A(1).
17 Subsection 23AB(1) (definition of tax
deductions unapplied)
Repeal the definition, substitute:
tax deductions unapplied, in relation to a deceased person,
means the amount of:
(a) any deductions made in pursuance of Division 2 of Part VI from salary,
wages or allowances derived by the deceased person in respect of United Nations
service; or
(b) any amounts withheld under Part 2-5 in Schedule 1 to the Taxation
Administration Act 1953 from work and income support related withholding
payments and benefits derived by the deceased person in respect of United
Nations service;
that have not been credited in payment of income tax and in respect of
which a payment has not been made by the Commissioner.
18 Subsection 23AB(1)
Insert:
work and income support related withholding payments and
benefits has the meaning given by subsection 221A(1).
19 Subsections 102AF(1) and
(2)
Repeal the subsections, substitute:
(1) A reference in this Division to employment income is to be read as a
reference to:
(a) work and income support related withholding payments and benefits
within the meaning of subsection 221A(1); and
(b) payments made for services rendered or to be rendered; and
(c) compensation, sickness or accident payments:
(i) made to an individual because of the individual’s or
another’s incapacity for work; and
(ii) calculated at a periodical rate.
20 Subsections 102L(10) and
(11)
After “221YK(2))”, insert “of this Act, or in Subdivision
12-F in Schedule 1 to the Taxation Administration Act 1953 (except
section 12-225),”.
21 After subsection
102L(12)
Insert:
(12A) Subdivision 12-F in Schedule 1 to the Taxation Administration Act
1953 applies in respect of units in a prescribed trust estate in the same
way as it applies in respect of shares.
22 Subsections 102T(11) and
(12)
After “221YK(2))”, insert “of this Act, or in Subdivision
12-F in Schedule 1 to the Taxation Administration Act 1953 (except
section 12-225),”.
23 After subsection
102T(13)
Insert:
(13A) Subdivision 12-F in Schedule 1 to the Taxation Administration Act
1953 applies in respect of units in a prescribed trust estate in the same
way as it applies in respect of shares.
24 Paragraph 109R(3)(b)
Omit “PAYE earnings”, substitute “work and income support
related withholding payments and benefits”.
25 After paragraph
109R(3)(b)
Insert:
(ba) payments covered by section 12-55 in Schedule 1 to the Taxation
Administration Act 1953; or
26 At the end of section
109ZA
Add:
; and (c) Subdivision 12-F in Schedule 1 to the Taxation Administration
Act 1953 (which deals with PAYG withholding).
27 Section 109ZD
Insert:
work and income support related withholding payments and
benefits has the meaning given by subsection 221A(1).
28 Paragraph 128B(9C)(d)
After “221YS(1)”, insert “of this Act, or section 18-30
in Schedule 1 to the Taxation Administration Act 1953,”.
29 At the end of subparagraph
128TD(1)(b)(iii)
Add “or withheld from the dividend under Subdivision 12-F in Schedule
1 to the Taxation Administration Act 1953”.
30 Subsection 128U(3)
Repeal the subsection, substitute:
(3) For the purposes of this Division, a mining payment is taken to
include any amount that:
(a) has been, or purports to have been, deducted from the mining payment
for the purposes of section 221ZB; or
(b) has been, or purports to have been, withheld from the mining payment
for the purposes of section 12-320 in Schedule 1 to the Taxation
Administration Act 1953.
31 Subsection 159ZR(1) (paragraph (c) of the
definition of eligible income)
Repeal the paragraph, substitute:
(c) a payment covered by section 12-80 or 12-120 in Schedule 1 to the
Taxation Administration Act 1953;
32 Subsection 159ZR(1) (definition of salary
or wages)
Repeal the definition, substitute:
salary or wages means payments covered by sections 12-35,
12-40 (except payments of remuneration to a director of the company who is also
an associate of the company), 12-45, 12-80, 12-110, 12-115 and 12-120 in
Schedule 1 to the Taxation Administration Act 1953.
33 Subparagraph
160AQH(b)(vi)
After “221YL”, insert “or withheld from the dividend
under Subdivision 12-F in Schedule 1 to the Taxation Administration Act
1953”.
34 Paragraph 160ZZZJ(1)(b)
Omit “sections 128B and 221YL”, substitute “section 128B
of this Act, and either section 221YL of this Act or Subdivision 12-F in
Schedule 1 to the Taxation Administration Act 1953,”.
35 Subsection 160ZZZJ(2)
Omit “Sections 128B and 221YL”, substitute “Section 128B
of this Act, and section 221YL of this Act or Subdivision 12-F in Schedule 1 to
the Taxation Administration Act 1953 (as the case may
be),”.
36 Subsection 170(10AA) (after table item
1)
Insert:
|
5 |
Subsection 26-25(3) |
Deduction for interest or royalty if withholding tax paid |
37 Paragraph 202D(8)(b)
After “Part VI”, insert “of this Act, and for the
purposes of Subdivision 12-E in Schedule 1 to the Taxation Administration Act
1953”.
38 Subsection 202DDB(1)
After “Part VI”, insert “of this Act, and for the
purposes of Subdivision 12-E in Schedule 1 to the Taxation Administration Act
1953”.
39 Paragraph 202EE(1)(c)
After “221YL”, insert “, or withhold an amount under
Subdivision 12-F in Schedule 1 to the Taxation Administration Act
1953,”.
40 Paragraph 202EE(1)(d)
After “deduction”, insert “, or withhold such an
amount,”.
41 Subsection 221A(1) (definition of
employee)
Omit “salary or wages”, substitute “work and income
support related withholding payments and benefits”.
42 Subsection 221A(1) (definition of
employer)
Omit “any salary or wages”, substitute “work and income
support related withholding payments and benefits”.
43 Subsection 221A(1)
Insert:
work and income support related withholding payments and
benefits means:
(a) payments from which an amount must be withheld under a provision of
Subdivision 12-B (other than section 12-55), 12-C or 12-D in Schedule 1 to the
Taxation Administration Act 1953 (even if the amount is not withheld);
and
(b) non-cash benefits in relation to which the provider of the benefit
must pay an amount to the Commissioner under Division 14 in Schedule 1 to the
Taxation Administration Act 1953 (even if the amount is not
paid).
Note: The payments covered by paragraph (a) are: payments to
employees and company directors, payments to office holders, return to work
payments, payments under labour hire arrangements, payments of pensions and
annuities, eligible termination payments, payments for unused leave, benefit
payments, compensation payments and payments specified by
regulations.
44 After section 221YHZX
Insert:
In addition to their effect apart from this section, sections 18-15,
18-20 and 18-25 in Schedule 1 to the Taxation Administration Act 1953
also have effect as if:
(a) in respect of an investor who has not adopted an accounting period in
lieu of an income year—an amount paid under this Subdivision in relation
to the income year and in relation to an eligible deferred interest investment
of the investor; or
(b) in respect of any other investor—an amount paid under this
Subdivision during an income year of the investor and in relation to an eligible
deferred interest investment of the investor;
were an amount withheld during the income year, under subsection 12-140(1)
in Schedule 1 to the Taxation Administration Act 1953 from a payment to
the investor.
If an amount that an entity must pay to the Commissioner under this
Subdivision remains unpaid after the time by which it is due to be paid, the
entity is liable to pay general interest charge on the unpaid amount for each
day in the period that:
(a) started at the beginning of the day by which the unpaid amount was due
to be paid; and
(b) finishes at the end of the last day, at the end of which any of the
following remains unpaid:
(i) the unpaid amount;
(ii) general interest charge on any of the unpaid amount.
45 Paragraph 221YHZZ(b)
After “221YHZK”, insert “of this Act, or under section
18-15, 18-20 or 18-25 in Schedule 1 to the Taxation Administration Act
1953,”.
46 Division 8 of Part VI
(heading)
Repeal the heading, substitute:
47 At the end of subsection
222AFA(1)
Add “of this Act, or Part 2-5 in Schedule 1 to the Taxation
Administration Act 1953.”.
48 Subsection 222AFA(4)
Omit all the words after “liabilities”, substitute:
under:
(a) Division 1AAA, 3B or 4; or
(b) this Division; or
(c) Part 2-5 in Schedule 1 to the Taxation Administration Act
1953.
49 Subsection 222AFA(5)
After “221YR”, insert “of this Act, and Part 4-10 in
Schedule 1 to the Taxation Administration Act 1953”.
50 Subsection 222AFB(1) (at the end of the
definition of remittance provision)
Add:
; (e) in Schedule 1 to the Taxation Administration Act
1953—section 16-70.
51 Paragraph 222AHE(4)(c)
Repeal the paragraph, substitute:
(c) the sum of all amounts withheld under Division 12 in Schedule 1 to the
Taxation Administration Act 1953 during the relevant period, or the fact
that no amounts were withheld during the period;
(d) the sum of all amounts required to be paid under Division 14 in
Schedule 1 to the Taxation Administration Act 1953 during the relevant
period, or the fact that no amounts were so paid during the period;
(e) what has been done to comply with Division 16 in Schedule 1 to the
Taxation Administration Act 1953 in relation to the amounts withheld (if
any) and the amounts so paid (if any);
(f) without limiting paragraphs (b) and (e), what has been done to
discharge the liability to which the estimate relates.
52 Paragraph 222AID(4)(c)
Repeal the paragraph, substitute:
(c) the sum of all amounts withheld under Division 12 in Schedule 1 to the
Taxation Administration Act 1953 during the relevant period, or the fact
that no amounts were withheld during the period;
(d) the sum of all amounts required to be paid under Division 14 in
Schedule 1 to the Taxation Administration Act 1953 during the relevant
period, or the fact that no amounts were so paid during the period;
(e) what has been done to comply with Division 16 in Schedule 1 to the
Taxation Administration Act 1953 in relation to the amounts withheld (if
any) and the amounts so paid (if any);
(f) without limiting paragraphs (b) and (e), what has been done to
discharge the liability to which the estimate relates.
53 Paragraph 222AIH(3)(c)
Repeal the paragraph, substitute:
(c) the sum of all amounts withheld under Division 12 in Schedule 1 to the
Taxation Administration Act 1953 during the relevant period, or the fact
that no amounts were withheld during the period;
(d) the sum of all amounts required to be paid under Division 14 in
Schedule 1 to the Taxation Administration Act 1953 during the relevant
period, or the fact that no amounts were so paid during the period;
(e) what has been done to comply with Division 16 in Schedule 1 to the
Taxation Administration Act 1953 in relation to the amounts withheld (if
any) and the amounts so paid (if any);
(f) without limiting paragraphs (b) and (e), what has been done to
discharge the liability to which the estimate relates.
54 Paragraph 222AJB(1)(b)
After “3B or 4”, insert “of this Act, or Subdivision 16-B
in Schedule 1 to the Taxation Administration Act 1953”.
Note: The heading to section 222AJB is replaced by the
heading “Effect of paying the general interest charge or late payment
penalty”.
55 Subsection 222AJB(3)
After “3B or 4”, insert “of this Act, or of Subdivision
16-B in Schedule 1 to the Taxation Administration Act
1953”.
56 Subsection 222ALA(6)
After “the other provisions of this Division”, substitute
“and Part 2-5 in Schedule 1 to the Taxation Administration Act
1953”.
57 Subsection 222ANA(1)
After “4 or 8”, insert “of this Act, or under Subdivision
16-B in Schedule 1 to the Taxation Administration Act
1953”.
58 Subsection 222ANA(4)
After “221YR”, insert “of this Act, and Part 4-10 in
Schedule 1 to the Taxation Administration Act 1953,”.
59 Subdivision B of Division 9 of Part VI
(heading)
Repeal the heading, substitute:
60 Subsection 222AOA(1)
Repeal the subsection, substitute:
(1) This Subdivision applies if a company incorporated under the
Corporations Law of a State or Territory has:
(a) made one or more deductions having a particular due date, for the
purposes of Division 1AA, 2, 3A, 3B or 4; or
(b) withheld one or more amounts having a particular due date, for the
purposes of Division 12 in Schedule 1 to the Taxation Administration Act
1953; or
(c) provided one or more non-cash benefits on a particular day in relation
to which it is required to pay an amount to the Commissioner under Division 14
in Schedule 1 to the Taxation Administration Act 1953, and has not paid
that amount or those amounts.
61 Subsection 222AOA(2)
Repeal the subsection, substitute:
(2) The earliest day on which the company, for the purposes of one of
those Divisions (other than Division 14 in Schedule 1 to the Taxation
Administration Act 1953):
(a) made a deduction that has that particular due date; or
(b) withheld an amount that has that particular due date;
is called the first deduction day.
62 Paragraph 222AOB(1)(a)
Repeal the paragraph, substitute:
(a) comply with its obligations in relation to deductions (if any) and
amounts withheld (if any) whose due date is the same as the due date;
Note: The heading to section 222AOB is altered by adding at
the end “—deductions and amounts
withheld”.
63 After subsection
222AOB(1)
Insert:
(1A) For the purposes of paragraph (1)(a), the obligations are:
(a) to comply with Division 1AAA, 3B or 4, as the case may be, in relation
to each deduction (if any):
(i) that the company has made for the purposes of Division 1AAA, 3B or 4;
and
(ii) whose due date is the same as the due date; and
(b) to comply with Subdivision 16-B in Schedule 1 to the Taxation
Administration Act 1953 in relation to each amount that the company has
withheld (if any):
(i) for the purposes of Division 12 of that Schedule; and
(ii) whose due date is the same as the due date;
64 At the end of paragraph
222AOB(1)(b)
Add “(if any) and amounts withheld (if any)”.
65 After section 222AOB
Insert:
(1) The persons who are directors of the company on the day (the
benefit day) on which the benefit or benefits (referred to in
paragraph 222AOA(1)(c)) are provided must cause the company to do at least one
of the following before the end of the benefit day:
(a) comply with Subdivision 16-B in Schedule 1 to the Taxation
Administration Act 1953 in relation to each benefit provided on the benefit
day;
(b) make an agreement with the Commissioner under section 222ALA in
relation to the company’s liability under that Subdivision in respect of
each such benefit;
(c) appoint an administrator of the company under section 436A of the
Corporations Law;
(d) begin to be wound up within the meaning of that Law.
(2) This section is complied with when:
(a) the company complies as mentioned in paragraph (1)(a); or
(b) the company makes an agreement as mentioned in paragraph (1)(b);
or
(c) an administrator of the company is appointed under section 436A, 436B
or 436C of the Corporations Law; or
(d) the company begins to be wound up within the meaning of that
Law;
whichever first happens, even if the directors did not cause the event to
happen.
(3) If this section is not complied with before the end of the benefit
day, the persons who are directors of the company on that day continue to be
under the obligation imposed by subsection (1) until this section is complied
with.
66 Section 222AOC
After “in respect of deductions”, insert “or amounts
withheld”.
67 Paragraph 222AOC(a)
Repeal the paragraph, substitute:
(a) that the company has deducted for the purposes of Division 1AAA, 3B or
4 of this Act, or withheld for the purposes of Division 12 in Schedule 1 to the
Taxation Administration Act 1953 (as the case requires); and
68 At the end of section
222AOC
Add:
(2) If section 222AOBA is not complied with before the end of the benefit
day, each person who is a director of the company on the benefit day is liable
to pay to the Commissioner, by way of penalty, an amount equal to the unpaid
amount or amounts that the company is required to pay under Subdivision 16-B in
Schedule 1 to the Taxation Administration Act 1953 in respect of the
benefit or benefits provided on the benefit day.
69 Section 222AOD
Omit “section 222AOC”, substitute “subsection
222AOC(1)”.
70 At the end of section
222AOD
Add:
(2) If:
(a) after the benefit day, a person becomes, or again becomes, a director
of the company at a time when section 222AOBA has not yet been complied with in
relation to the benefit or benefits provided on the benefit day; and
(b) at the end of 14 days after the person becomes a director, that
section has still not been complied with in relation to that benefit or those
benefits;
the person is liable to pay to the Commissioner, by way of penalty, an
amount equal to the unpaid amount of the liability referred to in subsection
222AOC(2).
71 Paragraph 222AOE(a)
Omit “section 222AOC”, substitute “subsection 222AOC(1)
or (2) (whichever relates to the penalty)”.
72 Paragraph 222AOG(b)
After “222AOB”, insert “or 222AOBA (whichever relates to
the penalty)”.
Note: The heading to section 222AOG is altered by inserting
“or 222AOBA” after
“222AOB”.
73 Paragraph 222AOH(1)(b)
Omit “section 222AOC”, substitute “subsection 222AOC(1)
or (2) (whichever relates to the penalty)”.
74 Paragraph 222AOI(c)
Omit “liability”, substitute
“liabilities”.
75 Paragraph 222AOJ(3)(a)
After “subsection 222AOB(1)”, insert “or 222AOBA(1)
(whichever is relevant)”.
76 Subsection 255(2A)
After “Division 3B of Part VI”, insert “of this Act, or
section 12-325 in Schedule 1 to the Taxation Administration Act 1953 (as
the case requires)”.
77 Subsection 265A(5)
Repeal the subsection, substitute:
(5) In this section:
tax deductions unapplied, in relation to a deceased person,
means the total of:
(a) any deductions made in pursuance of Division 2 of Part VI from pay or
allowances earned by the deceased person as a member of the Defence Force;
or
(b) any amounts withheld under paragraph 12-45(1)(c) in Schedule 1 to the
Taxation Administration Act 1953 from amounts earned by the deceased
person as a member of the Defence Force;
that have not been credited in payment of income tax or social
contribution, and in respect of which a payment has not been made by the
Commissioner.
78 Subparagraph
274(1)(aa)(ii)
Omit “salary or wages (within the meaning of Division 2 of Part
VI)”, substitute “work and income support related withholding
payments and benefits (within the meaning of subsection
221A(1))”.
79 Application
The amendment made by item 78 applies in relation to contributions (within
the meaning of section 274 of the Income Tax Assessment Act 1936) made in
relation to the year of income commencing on 1 July 2000 and later years of
income.
Income
Tax Assessment Act 1997
80 Section 3-1 (table item
3)
Repeal the item.
81 Section 12-5 (table)
Omit:
|
interest, no deduction for interest paid by a non-resident until the
withholding tax payable has been paid |
|
substitute:
|
interest, no deduction for interest paid to a non-resident until the
withholding tax payable has been paid |
|
82 Section 12-5 (table)
Omit:
|
royalties royalty paid where tax instalment deductions have not been made by the
payer, no deduction for |
|
substitute:
|
royalties royalty, no deduction for royalty paid to a non-resident until the
withholding tax payable has been paid |
|
83 After paragraph
25-5(2)(b)
Repeal the paragraph, substitute:
(b) an amount withheld or payable under Part 2-5 or Part 2-10 in Schedule
1 to the Taxation Administration Act 1953; or
84 Subsections 26-30(4) and
(5)
Repeal the subsections, substitute:
This section also applies to individuals who are not
employees
(4) If an individual is not an employee, but receives, or is
entitled to receive, *withholding payments
covered by subsection (6), this section applies to the individual as
if:
(a) he or she were an employee; and
(b) the entity, who pays (or is liable to pay)
*withholding payments covered by subsection (6)
that result in the individual being in receipt of, or entitled to receive, such
payments, were the individual’s employer; and
(c) any other individual who receives (or is entitled to receive)
*withholding payments covered by subsection
(6):
(i) that result in that other individual being in receipt of, or entitled
to receive, such payments; and
(ii) that the entity pays (or is liable to pay) to that other
individual;
were an employee of the entity.
This section also applies to entities who are not
employers
(5) If an entity is not an employer, but pays (or is liable to pay)
*withholding payments covered by subsection
(6), this section applies to the entity as if:
(a) it were an employer; and
(b) an individual to whom the entity pays (or is liable to pay) such
withholding payments were the entity’s employee.
Withholding payments covered
(6) This subsection covers a *withholding
payment covered by any of the provisions in Schedule 1 to the Taxation
Administration Act 1953 listed in the table.
|
Withholding payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-40 |
Payment to company director |
|
2 |
Section 12-45 |
Payment to office holder |
|
3 |
Section 12-50 |
Return to work payment |
|
4 |
Subdivision 12-D |
Benefit, training and compensation payments |
85 Subsection 28-170(3) (note in table item
4)
Omit “PAYE earnings: see section 28-185”, substitute
“withholding payments covered by subsection 28-185(3)”.
86 Subsection 28-180(1)
(note)
Omit “PAYE earnings: see section 28-185”, substitute
“withholding payments covered by subsection 28-185(3)”.
87 Section 34-5
Repeal the section, substitute:
(1) This Division applies not only to an individual who is an employee. It
also applies to an individual who is not an employee, but who receives,
or is entitled to receive, *withholding
payments covered by subsection (3).
(2) If an individual is not an employee, but is covered by
subsection (1), this Division applies to the individual as if:
(a) he or she were an employee; and
(b) the entity, who pays (or is liable to pay)
*withholding payments covered by subsection (3)
that result in the individual being in receipt of, or entitled to receive, such
payments, were the individual’s employer; and
(c) any other individual who receives (or is entitled to receive)
*withholding payments covered by subsection
(3):
(i) that result in that other individual being in receipt of, or entitled
to receive, such payments; and
(ii) that the entity pays (or is liable to pay) to that other
individual;
were an employee of the entity.
(3) This subsection covers a *withholding
payment covered by any of the provisions in Schedule 1 to the
Taxation Administration Act 1953 listed in
the table.
|
Withholding payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-40 |
Payment to company director |
|
2 |
Section 12-45 |
Payment to office holder |
|
3 |
Section 12-50 |
Return to work payment |
|
4 |
Subdivision 12-D |
Benefit, training and compensation payments |
88 Section 34-7
Omit “*PAYE earnings”,
substitute “*withholding payments covered
by subsection 34-5(3)”.
89 Paragraph 34-7(b)
Omit “*PAYE earnings”,
substitute “such withholding payments”.
90 Subsection 34-10(1) (note
1)
Omit “PAYE earners and other”.
91 Paragraph 130-90(1A)(a)
Omit “a *PAYE earner of the company
or of another company”, substitute “an individual who receives (or
is entitled to receive) *withholding payments
covered by subsection (5) from the company or from another
company”.
92 Paragraph 130-90(1A)(b)
Omit “a PAYE earner”, substitute “an
individual”.
93 Subsections 130-90(2), (3) and
(4)
Omit “*PAYE earner”,
substitute “individual”.
94 At the end of section
130-90
Add:
(5) This subsection covers a *withholding
payment covered by any of the provisions in Schedule 1 to the Taxation
Administration Act 1953 listed in the table.
|
Withholding payments covered |
||
|---|---|---|
|
Item |
Provision |
Subject matter |
|
1 |
Section 12-35 |
Payment to employee |
|
2 |
Section 12-40 |
Payment to company director |
|
3 |
Section 12-45 |
Payment to office holder |
|
4 |
Section 12-50 |
Return to work payment |
|
5 |
Subdivision 12-D |
Benefit, training and compensation payments |
95 Subsection 900-30(1)
(note)
Repeal the note, substitute:
Note: This Division also applies to withholding payments
that are not salary or wages: see subsection 900-12(3).
96 Subsection 900-30(3)
(note)
Repeal the note, substitute:
Note: This Division also applies to individuals who are not
employees: see section 900-12.
97 Subsection 900-30(5)
(note)
Repeal the note, substitute:
Note: This Division also applies to individuals who are not
employees: see section 900-12.
98 Subsection 900-30(7) (note
1)
Repeal the note, substitute:
Note 1: This Division also applies to withholding payments
that are not salary or wages: see subsection 900-12(3).
99 Section 900-45 (note)
Omit “PAYE earnings: see section 900-12”, substitute
“withholding payments covered by subsection 900-12(3)”.
100 Subsection 900-95(3)
(note)
Repeal the note, substitute:
Note: This Division also applies to withholding payments
that are not salary or wages: see subsection 900-12(3).
101 Section 900-135
(heading)
Repeal the heading, substitute:
102 Subsection 900-135(1)
Omit “group certificate”, substitute
“*payment summary”.
103 Subsection 900-135(1)
(note)
Omit “PAYE earnings: see section 900-12”, substitute
“withholding payments covered by subsection 900-12(3)”.
104 Subsection 900-135(2)
Omit “certificate”, substitute
“*payment summary”.
105 Subsection 900-220(2)
(note)
Omit “PAYE earnings: see section 900-12”, substitute
“withholding payments covered by subsection 900-12(3)”.
106 Subsection 16(1) (definition of salary or
wages)
Repeal the definition, substitute:
salary or wages means payments from which an amount must be
withheld under a provision of Subdivision 12-B (other than section 12-55), 12-C
or 12-D in Schedule 1 to the Taxation Administration Act 1953 (even if
the amount is not withheld).
Note: The payments covered are: payments to employees and
company directors, payments to office holders, return to work payments, payments
under labour hire arrangements, payments of pensions and annuities, eligible
termination payments, payments for unused leave, benefit payments, compensation
payments and payments specified by regulations.
107 Subsection 64(18) (paragraph (a) of the
definition of net salary)
Repeal the paragraph, substitute:
(a) any sum deducted from that salary under Part 2-5 in Schedule 1 to the
Taxation Administration Act 1953; and
108 Application
If the Public Service Act 1922 has not been repealed on or before 1
July 2000, the amendment made by item 107 applies to salary (within the meaning
of section 64 of that Act) that first becomes payable on or after 1 July
2000.
109 Subparagraph
93C(1)(a)(i)
After “group certificate”, insert “or payment summary
(within the meaning of section 16-170 in Schedule 1 to the Taxation
Administration Act 1953)”.
110 Paragraph 93C(2)(a)
After “group certificate”, insert “or payment summary
(within the meaning of section 16-170 in Schedule 1 to the Taxation
Administration Act 1953)”.
Taxation
Administration Act 1953
111 Sub-subparagraph
8WC(1)(b)(iii)(A)
After “that Act”, insert “, or withheld under section
12-140 or 12-145 in Schedule 1 to this Act,”.
112 Sub-subparagraph
8WC(1)(b)(iii)(B)
After “that Act”, insert “, or under section 14-5 in
Schedule 1 to this Act,”.
Taxation
(Interest on Overpayments and Early Payments) Act 1983
113 Subsection 3(1) (after paragraph (bc) of the
definition of relevant tax)
Insert:
(bd) an amount payable to the Commissioner under section 16-80 in Schedule
1 to the Taxation Administration Act 1953;
114 Subsection 3(1) (after paragraph (c) of the
definition of relevant tax)
Insert:
(ca) an amount payable to the Commissioner under Subdivision 16-A (other
than section 16-50) in Schedule 1 to the Taxation Administration Act
1953; and
Veterans’
Entitlements Act 1986
115 Subparagraph
45UA(1)(a)(i)
After “group certificate”, insert “or payment summary
(within the meaning of section 16-170 in Schedule 1 to the Taxation
Administration Act 1953)”.
116 Paragraph 45UA(2)(a)
After “group certificate”, insert “or payment summary
(within the meaning of section 16-170 in Schedule 1 to the Taxation
Administration Act 1953)”.
A
New Tax System (Goods and Services Tax) Act 1999
1 At the end of subsection
31-25(2)
Add:
Note 1: A penalty applies if you fail to lodge your GST
return electronically as required—see section 288-10 in Schedule 1 to the
Taxation Administration Act 1953.
Note 2: If you lodge your GST return electronically, you
must also electronically notify the Commissioner of other BAS amounts—see
section 288-5 in that Schedule.
2 Subsection 33-10(2)
(note)
Repeal the note, substitute:
Note 1: A penalty applies if you fail to pay electronically
as required—see section 288-20 in Schedule 1 to the Taxation
Administration Act 1953.
Note 2: You must also pay other tax debts
electronically—see section 288-15 in that Schedule.
Income
Tax Assessment Act 1936
3 After section 221AZKC
Insert:
(1) An instalment taxpayer that chooses to defer payment of a final
instalment under section 221AZKC must notify the Commissioner of the amount of
the instalment on or before the day on which the amount is due to be paid under
that section (regardless of whether it is paid).
(2) The notification must be in the approved form and lodged with the
Commissioner.
(3) In this section:
approved form has the same meaning as in subsection 995-1(1)
of the Income Tax Assessment Act 1997.
Taxation
Administration Act 1953
4 Subsection 8AAZLG(1)
Repeal the subsection, substitute:
(1) The Commissioner may retain an amount that he or she otherwise would
have to refund to an entity under section 8AAZLF, if the entity has not given
the Commissioner a notification:
(a) that affects or may affect the amount that the Commissioner refunds to
the entity; and
(b) that the entity is required to give the Commissioner under any of the
BAS provisions (as defined in subsection 995-1(1) of the Income Tax
Assessment Act 1997).
5 Subsection 8AAZLH(1)
Omit “provisions set out in paragraph 8AAZLG(1)(b)”, substitute
“BAS provisions (as defined in subsection 995-1(1) of the Income Tax
Assessment Act 1997)”.
Repeal the section.
7 Sections 42, 44 and 45
(note)
Omit “Note”, substitute “Note 1”.
8 At the end of sections 42, 44 and
45
Add:
Note 2: Division 298 in Schedule 1 contains machinery
provisions for civil penalties.
9 Subsection 47(1)
Repeal the subsection, substitute:
(1) The Commissioner must notify an entity that is liable to a penalty
under section 43 or 46 of the amount of the penalty.
10 Subsection 48(1)
Omit “this Part”, substitute “section 43 or
46”.
11 Subsection 16-35(1) (note) in Schedule
1
Omit “Note”, substitute “Note 1”.
12 At the end of subsection 16-35(1) in Schedule
1
Add:
Note 2: Division 298 in this Schedule contains machinery
provisions for civil penalties.
13 Subsections 16-35(2) and (3) in Schedule
1
Repeal the subsections.
14 Section 16-45 (heading) in Schedule
1
Repeal the heading, substitute:
15 Subsection 16-45(1) in Schedule
1
Omit “, 16-35”.
16 Section 16-50 in Schedule
1
Omit “, 16-35”.
17 Subsection 16-85(1) (note) in Schedule
1
Omit “Note”, substitute “Note 1”.
18 At the end of subsection 16-85(1) in Schedule
1
Add:
Note 2: A penalty applies if a large withholder fails to pay
electronically as required—see section 288-20.
Note 3: A large withholder must also pay other tax debts
electronically—see section 288-15.
19 Section 16-90 in Schedule
1
Repeal the section.
20 Section 45-72 in Schedule
1
Repeal the section.
21 At the end of Schedule 1
Add:
[The next Division is Division 288.]
Table of sections
288-5 Electronic notification of BAS
amounts
288-10 Penalty for non-electronic
notification
288-15 Electronic payment of tax debts
288-20 Penalty for non-electronic payment
An entity that, under section 31-25 of the
*GST Act, chooses or is required to
*lodge a *GST
return electronically must also electronically notify the Commissioner of all
other *BAS amounts whose notification is
required on the same day as the GST return (ignoring any extension allowed by
the Commissioner under paragraph 31-10(b) of that Act).
An entity that:
(a) under subsection 31-25(2) of the *GST
Act, is required to *lodge a
*GST return electronically; or
(b) under section 288-5 in this Schedule, is required to notify another
*BAS amount electronically;
but lodges or notifies it in another way, is liable to a civil penalty of 5
penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 contains machinery provisions for civil
penalties.
(1) An entity that, under subsection 33-10(2) of the
*GST Act, is required to pay a
*net amount for a tax period
*electronically must also electronically pay
the Commissioner all of its other *tax debts
that are due to be paid during that period.
(2) A *large withholder that, under
subsection 16-85(1) in this Schedule, is required to pay an amount
*electronically in a particular month must also
electronically pay the Commissioner all of its other
*tax debts that are due to be paid during that
month.
An entity that:
(a) under subsection 33-10(2) of the *GST
Act, is required to pay a *net amount for a tax
period *electronically; or
(b) under subsection 16-85(1) or section 288-15 in this Schedule, is
required to pay an amount electronically;
but pays it another way, is liable to a civil penalty of 5
penalty units for each payment of one or more such amounts.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 contains machinery provisions for civil
penalties.
[The next Division is Division 298.]
Table of sections
298-5 Scope of Division
298-10 Notification of liability
298-15 Due date for penalty
298-20 Remission of penalty
298-25 General interest charge on unpaid
penalty
This Division applies if a taxation law imposes on an entity a civil
penalty expressed in penalty units.
The Commissioner must give written notice to the entity of the
entity’s liability to pay the penalty. The notice may be included in any
other notice the Commissioner gives to the entity.
The penalty becomes due for payment on the day specified in the
notice, which must be at least 14 days after the notice is given to the
entity.
(1) The Commissioner may remit all or a part of the penalty.
(2) If the Commissioner decides:
(a) not to remit the penalty; or
(b) to remit only part of the penalty;
the Commissioner must give written notice of the decision to the
entity.
(3) If:
(a) the Commissioner refuses to any extent to remit an amount of penalty;
and
(b) the amount of penalty payable after the refusal is more than 2 penalty
units; and
Note: See section 4AA of the Crimes Act 1914 for the
current value of a penalty unit.
(c) the entity is dissatisfied with the decision;
the entity may object against the decision in the manner set out in Part
IVC.
If any of the penalty remains unpaid after it is due, the entity is
liable to pay the *general interest charge on
the unpaid amount of the penalty for each day in the period that:
(a) started at the beginning of the day by which the amount was due to be
paid; and
(b) finishes at the end of the last day, at the end of which, any of the
following remains unpaid:
(i) the amount;
(ii) general interest charge on any of the amount.
Note: The general interest charge is worked out under
Division 1 of Part IIA.
Taxation
(Interest on Overpayments and Early Payments) Act 1983
1 After subsection 8A(1)
Insert:
(1A) In determining the appropriate due day for the purposes
of paragraph (1)(b), disregard the effect of section 221AZKC of the Tax
Act.
Note: Section 221AZKC allows a taxpayer to defer payment of
its final tax instalment for the 1999-2000 year of income. However, this
subsection means that the taxpayer is not entitled to any interest for a payment
made after the original due date under section 221AZK (even if it is made before
the due date under section 221AZKC).
2 Subparagraph 12A(1)(a)(i)
Omit “, or section 45-240 in Schedule 1 to”.
3 Subparagraph 12A(1)(a)(i)
Omit “, or under section 42-230, 45-232 or 45-235 of the Taxation
Administration Act 1953”.
4 Subparagraph
12A(1)(a)(iiia)
Repeal the subparagraph.
5 After Part IIIA
Insert:
If:
(a) the Commissioner has allocated a BAS amount to an RBA of an entity;
and
(b) section 12AB does not apply (that section is about remission of
penalties); and
(c) under subsection 8AAZLF(1) of the Taxation Administration Act
1953, the Commissioner is required to refund to the entity the whole or part
of an RBA surplus for that RBA; and
(d) the refund takes place after the RBA interest day;
then interest is payable by the Commissioner to the entity on the amount
refunded.
Note: Section 12AF defines BAS amount,
RBA surplus and RBA interest day.
If:
(a) the Commissioner has allocated a BAS amount to an RBA of an entity;
and
(b) the entity requests the Commissioner to remit a penalty of
which the entity has been notified by the Commissioner; and
(c) as a result of the Commissioner remitting the penalty, the
Commissioner is required, under subsection 8AAZLF(1) of the Taxation
Administration Act 1953, to refund to the entity the whole or part of an RBA
surplus for that RBA; and
(d) the refund takes place after the RBA interest day;
then interest is payable by the Commissioner to the entity on the amount
refunded.
Note: Section 12AF defines BAS amount,
RBA surplus and RBA interest day.
If:
(a) the Commissioner has allocated a payment to an RBA of an entity;
and
(b) the Commissioner has allocated or intends to allocate a BAS amount to
that RBA; and
(c) under subsection 8AAZLF(2) of the Taxation Administration Act
1953, the Commissioner, as a result of a request by the entity, is required
to refund the whole or part of an RBA surplus for that RBA; and
(d) the refund takes place after the RBA interest day;
then interest is payable by the Commissioner to the entity on the amount
refunded.
Note: Section 12AF defines BAS amount,
RBA surplus and RBA interest day.
Interest under this Part is payable for the period from the end of the
RBA interest day until the end of the day on which the refund takes
place.
Interest under this Part is payable at the annual rate or rates provided
for in section 214A of the Tax Act.
In this Part:
BAS amount has the same meaning as in subsection 995-1(1) of
the Tax Act.
RBA interest day for an RBA surplus means the 14th day after
the latest of the following days:
(a) either:
(i) if section 12AA applies—the day on which the surplus arises;
or
(ii) if section 12AB or 12AC applies—the day on which the relevant
request is made;
(b) if, by the day applicable under paragraph (a), the person has not
given the Commissioner a notification that is required for the refund under
section 8AAZLG of the Taxation Administration Act 1953 and that is
accurate so far as it relates to the refund—the day on which that
notification is given to the Commissioner;
(c) unless the Commissioner has given a direction under subsection
8AAZLH(3) of the Taxation Administration Act 1953—the day on which
the person nominates a financial institution account for the purposes of that
section.
RBA surplus has the same meaning as in section
8AAZA.
6 Application of amendments
(1) The amendments made by items 2, 3 and 4 apply to credits that arise on
or after 1 July 2000.
(2) The amendment made by item 5 applies to RBA surpluses that arise on or
after 1 July 2000.
Taxation
Administration Act 1953
1 After Subdivision 16-B of Division 16 in
Schedule 1
Insert:
Table of sections
Registration of withholders
16-140 Withholders must be registered
16-141 Registration and cancellation
Branch registration
16-142 Branches may be registered
16-143 Separate amounts for entities and
branches
16-144 Cancellation of branch registration
16-145 Effect on branches of cancelling the entity’s
registration
(1) An entity that must pay an amount to the Commissioner under:
(a) subsection 16-70(1) (about amounts withheld under Division 12);
or
(b) Division 14 (about payments in respect of non-cash
benefits);
must apply to register with the Commissioner.
(2) The entity must apply in the
*approved form by the day on which the entity
is first required:
(a) to withhold an amount under Division 12; or
(b) to pay an amount to the Commissioner under Division 14.
However, the Commissioner may allow a longer period for applying.
(3) An entity that contravenes this section is liable to a civil penalty
of 5 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Note 2: Division 298 contains machinery provisions for civil
penalties.
The Commissioner may register an entity or cancel the registration of an
entity at any time.
The Commissioner may register a branch of a registered entity
if:
(a) the entity applies, in the *approved
form, for registration of the branch; and
(b) the entity has an *ABN or has applied
for one; and
(c) the Commissioner is satisfied that the branch maintains an independent
system of accounting, and can be separately identified by reference
to:
(i) the nature of the activities carried on through the branch;
or
(ii) the location of the branch; and
(d) the Commissioner is satisfied that the entity is
*carrying on an enterprise through the branch,
or intends to carry on an enterprise through the branch, from a particular date
specified in the application.
A branch that is so registered is a PAYG withholding
branch.
Note: A branch may be both a PAYG withholding branch under
this Subdivision and a GST branch under the GST Act.
(1) If an entity has a *PAYG withholding
branch, this Part applies to the entity as if the amounts that it must pay to
the Commissioner under this Part were separated into the following
classes:
(a) for each such branch of the entity, a class of amounts that relate to
the branch; and
(b) a class of amounts that do not relate to any of the entity’s
branches.
Note: This section does not impose any legal obligations on
the branches. The entity remains legally responsible under this Part for all
amounts that relate to its branches.
(2) Those amounts are worked out as if the branch were a separate entity
and as if:
(a) all payments made through the branch, from which amounts are required
to be withheld under Division 12, were made by that separate entity;
and
(b) all non-cash benefits provided through the branch, in respect of which
Division 14 requires an amount to be paid to the Commissioner, were provided by
that separate entity.
The Commissioner must cancel the registration of a
*PAYG withholding branch of an entity if the
Commissioner is satisfied that the branch does not satisfy paragraph 16-142(c)
or (d).
If an entity’s registration is cancelled, the registration of any
*PAYG withholding branches of the entity ceases
to have effect.
A
New Tax System (Goods and Services Tax) Act 1999
1 Section 35-5
Repeal the section, substitute:
If the *net amount for a tax period is
less than zero, the Commissioner must, on behalf of the Commonwealth, pay that
amount (expressed as a positive amount) to you.
Note 1: See Division 3A of Part IIB and section 39 of the
Taxation Administration Act 1953 for the rules about how the Commissioner
must pay you. Division 3 of Part IIB allows the Commissioner to apply the amount
owing as a credit against tax debts that you owe to the
Commonwealth.
Note 2: Interest is payable under the Taxation (Interest
on Overpayments and Early Payments) Act 1983 if the Commissioner is late in
refunding the amount.
2 Section 35-10
Repeal the section.
3 Section 35-99 (note)
Omit “Sections 38 and 39 of the Taxation Administration Act 1953 also
relate”, substitute “Section 39 of the Taxation Administration
Act 1953 also relates”.
4 Section 51-60
Repeal the section, substitute:
If the *net amount relating to a
*GST joint venture for a tax period is less
than zero, the Commissioner must, on behalf of the Commonwealth, pay that net
amount (expressed as a positive amount) to the
*joint venture operator of the GST joint
venture.
Note 1: See Division 3A of Part IIB and section 39 of the
Taxation Administration Act 1953 for the rules about how the Commissioner
must pay the operator. Division 3 of Part IIB allows the Commissioner to apply
the amount owing as a credit against tax debts that the operator owes to the
Commonwealth.
Note 2: Interest is payable under the Taxation (Interest
on Overpayments and Early Payments) Act 1983 if the Commissioner is late in
refunding the amount.
5 Section 54-65
Repeal the section, substitute:
If an entity has a *GST branch and the
*net amount relating to the
*GST branch for a tax period is less than zero,
the Commissioner must, on behalf of the Commonwealth, pay that net amount
(expressed as a positive amount) to the entity.
Note 1: See Division 3A of Part IIB and section 39 of the
Taxation Administration Act 1953 for the rules about how the Commissioner
must pay the entity. Division 3 of Part IIB allows the Commissioner to apply the
amount owing as a credit against tax debts that the entity owes to the
Commonwealth.
Note 2: Interest is payable under the Taxation (Interest
on Overpayments and Early Payments) Act 1983 if the Commissioner is late in
refunding the amount.
6 Section 195-1 (definition of financial
institution account)
Repeal the definition.
A
New Tax System (Wine Equalisation Tax) Act 1999
7 Section 17-20
Omit all the words and paragraphs from and including “as
follows”, substitute “under Division 3 of Part IIB of the
Taxation Administration Act 1953”.
8 Section 17-25
Omit “under”, substitute “in accordance
with”.
Taxation
Administration Act 1953
9 Section 8AAZA
Insert:
credit includes an amount that the Commissioner must pay to a
taxpayer under a taxation law, whether or not described as a credit.
10 At the end of subsection
8AAZLG(2)
Add “or the Commissioner makes an assessment of the amount, whichever
happens first.”
11 At the end of section
8AAZLG
Add:
Note: Interest is payable under the Taxation (Interest on
Overpayments and Early Payments) Act 1983 if the Commissioner is late in
making the payment under subsection (2).
12 At the end of subsection
8AAZLH(2)
Add “The account nominated must be maintained at a branch or office
of the institution that is in Australia.”
13 Section 29
Repeal the section.
14 Section 38
Repeal the section.
15 Subsection 39(1)
Omit all the words before paragraph (a), substitute “This section
applies to:”.
Note: The heading to section 39 is replaced by the heading
“Restriction on refunds”.
16 At the end of paragraph
39(1)(b)
Add “or applied under Division 3 of Part IIB of this
Act”.
17 Subsection 39(2)
Repeal the subsection.
18 Subsection 39(3)
Omit “subsection (2)”, substitute “Division 3 or 3A of
Part IIB”.
Crimes
(Taxation Offences) Act 1980
1 Subsection 3(1) (at the end of the definition
of income tax)
Add:
; and (i) an amount payable to the Commissioner under Division 45 in
Schedule 1 to the Taxation Administration Act 1953.
Higher
Education Funding Act 1988
2 At the end of section
106U
Add:
(5) Division 45 in Schedule 1 to the Taxation Administration Act
1953 applies, so far as it is capable of application, in relation to the
collection of an HEC assessment debt of a person as if the HEC assessment debt
were income tax.
Income
Tax Assessment Act 1936
3 Subsection 6(1)
Insert:
full self-assessment taxpayer, for a year of income (the
current year), means any of the following:
(a) a company;
(b) the trustee of a trust that is a corporate unit trust in relation to
the current year for the purposes of Division 6B of Part III;
(c) the trustee of a trust that is a public trading trust in relation to
the current year for the purposes of Division 6C of Part III;
(d) the trustee of a fund that is an eligible ADF (as defined in section
267) in relation to the current year;
(e) the trustee of a fund that is an eligible superannuation fund (as
defined in section 267) in relation to the current year;
(f) the trustee of a fund that is a pooled superannuation trust (as
defined in section 267) in relation to the current year.
Note: A corporate limited partnership is taken to be a
company under section 94J, so it will fall within paragraph (a) of this
definition.
4 Subsection 102AAM(12)
After “(as defined in subsection 221AZK(1))”, insert “or
a full self-assessment taxpayer”.
5 Paragraph 102AAM(13A)(a)
After “(as defined in subsection 221AZK(1))”, insert “or
a full self-assessment taxpayer”.
6 Paragraph 102AAM(13A)(c)
(note)
After “see”, insert “section 161AA and”.
7 After section 161A
Insert:
A full self-assessment taxpayer must, in a return for a year of income,
specify:
(a) its taxable income or its net income for that year of income;
and
(b) the amount (if any) of the tax payable on that taxable income or net
income; and
(c) the amount of interest (if any) payable by the taxpayer under section
102AAM for that year of income.
8 Paragraph 163A(1)(a)
Omit “or an instalment taxpayer”, substitute “, an
instalment taxpayer or a full self-assessment taxpayer”.
Note: The heading to section 163A is altered by omitting
“and instalment taxpayers” and substituting “,
instalment taxpayers and full self-assessment
taxpayers”.
9 Paragraph 163B(1)(a)
Omit “or an instalment taxpayer”, substitute “, an
instalment taxpayer or a full self-assessment taxpayer”.
Note: The heading to section 163B is altered by omitting
“and instalment taxpayers” and substituting “,
instalment taxpayers and full self-assessment
taxpayers”.
10 At the end of section
166A
Add:
(3) If:
(a) at a particular time, a full self-assessment taxpayer gives a return
in respect of a year of income for which the taxpayer is a full self-assessment
taxpayer; and
(b) before that time, no return has been given, and no assessment has been
made, in relation to the taxpayer in respect of the income of the year of
income;
the following provisions apply:
(c) the Commissioner is taken to have made an assessment of the taxable
income or net income, and the tax payable on that income, equal to those
respective amounts specified in the return;
(d) the assessment is taken to have been made on the day on which the
return is lodged;
(e) on and after the day on which the Commissioner is taken to have made
the assessment, the return is taken to be a notice of the assessment:
(i) under the hand of the Commissioner; and
(ii) served on the taxpayer on the day on which the Commissioner is taken
to have made the assessment.
11 Subparagraph
170AA(4)(a)(i)
Omit “or an instalment taxpayer within the meaning of Division 1C of
Part VI”, substitute “, an instalment taxpayer within the meaning of
Division 1C of Part VI or a full self-assessment taxpayer”.
12 After subparagraph
170AA(4)(a)(ib)
Insert:
(ic) if subsection (1) or (1A) applies and the taxpayer is a full
self-assessment taxpayer—the day on which tax became due and payable under
the first assessment in respect of income of the taxpayer of the year of
income;
13 After subsection
170AA(7A)
Insert:
(7B) If the taxpayer is a full self-assessment taxpayer for a year of
income and, on the basis of the taxpayer’s return, the taxable income or
net income was nil, or no tax was payable on the taxable income or net income,
the following provisions apply for the purposes of subsection (6):
(a) the Commissioner is taken to have served a notice of the kind
specified in paragraph (6)(a);
(b) the reference in paragraph (6)(c) to the end of 30 days after the date
of service of the notice is to be read as a reference to the date on which the
tax becomes due and payable under subsection 204(1A).
14 After subsection 204(1)
Insert:
(1A) Subject to the provisions of this Part, the tax payable by a full
self-assessment taxpayer for a year of income becomes due and payable as
follows:
(a) if the taxpayer’s year of income ends on 30 June—on 1
December of the following year of income or on such later date as the
Commissioner allows by notice published in the Gazette;
(b) if the taxpayer’s year of income ends on a day other than 30
June—on the first day of the sixth month of the following year of income,
or on such later date as the Commissioner allows by notice published in the
Gazette.
15 At the end of section
221AZJA
Add:
(2) If a taxpayer is not liable to pay instalments under this Division
because of subsection (1), the taxpayer is no longer to be regarded as an
instalment taxpayer within the meaning of this Division for the purposes
of:
(a) a provision of this Act apart from this Division; and
(b) a provision of any other Act.
16 Subsection 222A(1) (paragraph (e) of the
definition of taxation officer statement)
After “section”, insert “161AA,”.
17 Paragraphs 222(1B)(a) and
(b)
After “section”, insert “161AA or”.
Income
Tax Assessment Act 1997
18 Subsection 3-5(3) (item 1,
note)
Omit “section 750-1”, substitute “Schedule 1 to the
Taxation Administration Act 1953”.
19 Subsection 3-5(3) (item 4,
note)
Omit “section 750-20”, substitute “Division 3A of Part
IIB of the Taxation Administration Act 1953”.
Taxation
(Interest on Overpayments and Early Payments) Act 1983
20 Subsection 3(1)
Add:
full self-assessment taxpayer has the same meaning as in
subsection 6(1) of the Tax Act.
21 Paragraph 8B(1)(a)
Omit “neither a relevant entity nor an instalment taxpayer”,
substitute “not a relevant entity, an instalment taxpayer or a full
self-assessment taxpayer”.
22 Paragraph 8B(1)(b)
Omit “or an instalment taxpayer”, substitute “, an
instalment taxpayer or a full self-assessment taxpayer”.
23 Paragraph 8E(1)(a)
Omit “neither a relevant entity nor an instalment taxpayer”,
substitute “not a relevant entity, an instalment taxpayer or a full
self-assessment taxpayer”.
24 Paragraph 8E(2)(a)
Omit “neither a relevant entity nor an instalment taxpayer”,
substitute “not a relevant entity, an instalment taxpayer or a full
self-assessment taxpayer”.
25 Paragraph 8G(1)(a)
Omit “or an instalment taxpayer”, substitute “, an
instalment taxpayer or a full self-assessment taxpayer”.
Note: The heading to section 8G is altered by omitting
“and instalment taxpayers” and substituting “,
instalment taxpayers and full self-assessment
taxpayers”.
26 Paragraphs 8G(1)(e) and
(f)
Repeal the paragraphs, substitute:
(e) if the person furnishes the return of income for the year of income 30
days or more before:
(i) if the person is an instalment taxpayer—the final instalment
day; or
(ii) if the person is a full self-assessment taxpayer—the due date
for payment of the assessed tax;
the first crediting occurs 30 days or more after the day on which the
person furnishes the return; and
(f) if the person furnishes the return of income for the year of income
after 30 days or more before:
(i) if the person is an instalment taxpayer—the final instalment
day; or
(ii) if the person is a full self-assessment taxpayer—the due date
for payment of the assessed tax;
the first crediting occurs after the first instalment day, or after the
due date for payment of the assessed tax, as the case requires;
27 Paragraph 8G(2)(a)
Omit “a relevant entity or an instalment taxpayer”, substitute
“a relevant entity, an instalment taxpayer or a full self-assessment
taxpayer”.
28 Subsection 8H(1)
After “applies”, insert “to a person who is an instalment
taxpayer or a relevant entity”.
Note: The heading to section 8H is altered by omitting
“and instalment taxpayers”, and substituting “,
instalment taxpayers and full self-assessment
taxpayers”.
29 After subsection 8H(1)
Insert:
(1A) If subsection 8G(1) applies to a person who is a full self-assessment
taxpayer, the interest is payable on the excess mentioned in paragraph 8G(1)(d)
for the period from the beginning of the earlier of the following
days:
(a) the 30th day after the day on which the person furnishes the return of
income for the year of income;
(b) the due date for payment of the assessed tax;
until the end of the day on which the first crediting occurs.
30 Subsection 8H(2)
After “applies”, insert “to a person who is a relevant
entity or an instalment taxpayer”.
31 After subsection 8H(2)
Insert:
(2A) If subsection 8G(2) applies to a person who is a full self-assessment
taxpayer and subsection (3) of this section does not apply, the interest is
payable on the excess mentioned in paragraph 8G(2)(c) for the period from the
beginning of the due date for payment of assessed tax until the end of the day
on which the later crediting occurs.
32 Paragraph 8H(3)(d)
Repeal the paragraph, substitute:
(d) on so much of the excess as is not attributable to payments mentioned
in paragraph (b):
(i) if the person is a relevant entity or an instalment taxpayer—for
the period from the beginning of the final instalment day until the end of the
day on which the later crediting occurs; or
(ii) if the person is a full self-assessment taxpayer—for the period
from the beginning of the due date for payment of assessed tax until the end of
the day on which the later crediting occurs.
33 Subparagraph
12A(1)(a)(i)
After “8AAG of”, insert “, or section 45-240 in Schedule
1 to,”.
34 At the end of subparagraph
12A(1)(a)(i)
Add “of the Tax Act, or under section 42-230, 45-232 or 45-235 of the
Taxation Administration Act 1953”.
35 After subparagraph
12A(1)(a)(iii)
Insert:
(iiia) applies or refunds the whole or part of an amount, in respect of a
credit under section 45-215 or 45-420 in Schedule 1 to the Taxation
Administration Act 1953; or
36 Subsection 13(4)
Omit “or an instalment taxpayer”, substitute “, an
instalment taxpayer or a full self-assessment taxpayer”.
37 Application
The amendments made by this Schedule apply to the 2000-2001 year of income
and later years of income.
Income
Tax Assessment Act 1936
1 Subsection 221YCAA(2) (paragraph (m) of the
definition of qualifying reductions)
After “tax offset under”, insert “Subdivision 61-A
or”.
2 Application
The amendment made by this Schedule applies for the purposes of working out
amounts of provisional tax (including instalments) payable for the 1999-2000
income year and later income years.
Insert:
acceptable amount of an instalment for an
*instalment quarter has the meaning given by
section 45-232 in Schedule 1 to the Taxation Administration Act
1953.
2 Subsection 995-1(1) (definition of amount
required to be withheld)
Omit “16-15”, substitute “15-15”.
3 Subsection 995-1(1) (definition of
assessment)
Repeal the definition, substitute:
assessment, in relation to a
*tax-related liability, has the meaning given
by a *taxation law that provides for the
assessment of the amount of the liability.
Note: The table lists provisions of taxation laws that
define assessment.
|
Taxation laws that define assessment |
||
|---|---|---|
|
Item |
Taxation law |
Provision |
|
1 |
Income Tax Assessment Act 1936 |
subsection 6(1) |
|
5 |
Fringe Benefits Tax Assessment Act 1986 |
subsection 136(1) |
|
10 |
Petroleum Resource Rent Tax Assessment Act 1987 |
section 2 |
|
15 |
Superannuation Guarantee (Administration) Act 1992 |
section 6 |
|
20 |
Superannuation Contributions Tax (Assessment and Collection) Act
1997 |
section 43 |
|
25 |
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 |
section 38 |
|
30 |
Termination Payments Tax (Assessment and Collection) Act
1997 |
section 31 |
4 Subsection 995-1(1)
Insert:
BAS amounts means any debts or credits that arise directly
under the *BAS provisions.
Note: BAS stands for Business Activity
Statement.
5 Subsection 995-1(1)
Insert:
BAS provisions means:
(a) Part VII of the Fringe Benefits Tax Assessment Act 1986;
and
(b) the indirect tax law (within the meaning of Part VI of the Taxation
Administration Act 1953); and
(c) Parts 2-5 and 2-10 in Schedule 1 to the Taxation Administration Act
1953 (which are about the PAYG system); and
(d) the following:
(i) section 221AZK of the Income Tax Assessment Act 1936 in cases
in which section 221AZKC applies (that section allows deferral of tax instalment
payments);
(ii) section 221AZKD (which requires notification of deferred tax
instalment payments).
Note: BAS stands for Business Activity
Statement.
6 Subsection 995-1(1)
Insert:
Commissioner assessment has the meaning given by section
14ZAA of the Taxation Administration Act 1953.
7 Subsection 995-1(1)
Insert:
deductible gift recipient has the meaning given by section
30-227.
8 Subsection 995-1(1)
Insert:
Division 405 payment has the meaning given by section 405-5
in Schedule 1 to the Taxation Administration Act 1953.
9 Subsection 995-1(1)
Insert:
Division 405 report has the meaning given by section 405-10
in Schedule 1 to the Taxation Administration Act 1953.
10 Subsection 995-1(1)
Insert:
Division 410 payment has the meaning given by section 410-5
in Schedule 1 to the Taxation Administration Act 1953.
11 Subsection 995-1(1)
Insert:
Division 410 report has the meaning given by section 410-10
in Schedule 1 to the Taxation Administration Act 1953.
12 Subsection 995-1(1)
Insert:
Division 415 payment has the meaning given by section 415-5
in Schedule 1 to the Taxation Administration Act 1953.
13 Subsection 995-1(1)
Insert:
Division 417 payment has the meaning given by section 417-5
in Schedule 1 to the Taxation Administration Act 1953.
14 Subsection 995-1(1)
Insert:
financial institution has the meaning given by section 202A
of the Income Tax Assessment Act 1936.
15 Subsection 995-1(1)
Insert:
fringe benefits tax law has the meaning given by section
14ZAAA of the Taxation Administration Act 1953.
16 Subsection 995-1(1)
Insert:
government entity has the meaning given by the A New Tax
System (Australian Business Number) Act 1999.
17 Subsection 995-1(1)
Insert:
GST return has the same meaning as in section 195-1 of
the *GST Act.
18 Subsection 995-1(1)
Insert:
income tax law has the meaning given by section 14ZAAA of the
Taxation Administration Act 1953.
19 Subsection 995-1(1)
Insert:
listed widely held trust has the meaning given by section
272-115 in Schedule 2F to the Income Tax Assessment Act 1936.
20 Subsection 995-1(1)
Insert:
lodge electronically: a document is lodged electronically if
it is transmitted to the Commissioner in an electronic format approved by the
Commissioner.
21 Subsection 995-1(1)
Insert:
net amount has the same meaning as in section 195-1 of the
*GST Act.
22 Subsection 995-1(1)
Insert:
oral ruling means a ruling applied for under section 360-20
or 360-25 in Schedule 1 to the Taxation Administration Act
1953.
23 Subsection 995-1(1)
Insert:
oral ruling arrangement has the meaning given by section
360-30 in Schedule 1 to the Taxation Administration Act 1953.
24 Subsection 995-1(1)
Insert:
outstanding tax-related liability of an entity at a
particular time means a *tax-related liability
of the entity:
(a) that has arisen at or before that time (whether or not it is due and
payable at that time); and
(b) an amount of which has not been paid before that time.
Insert:
PAYG withholding branch has the meaning given by section
16-142 in Schedule 1 to the Taxation Administration Act 1953.
26 Subsection 995-1(1) (definition of PAYE
earner)
Repeal the definition.
27 Subsection 995-1(1) (definition of PAYE
earnings)
Repeal the definition.
28 Subsection 995-1(1)
Insert:
private ruling has the meaning given by section 14ZAA of the
Taxation Administration Act 1953.
29 Subsection 995-1(1)
Insert:
self assessment has the meaning given by section 14ZAA of the
Taxation Administration Act 1953.
30 Subsection 995-1(1)
Insert:
tax affairs means affairs relating to
*tax.
31 Subsection 995-1(1)
Insert:
tax audit means an examination of a person’s financial
affairs by the Commissioner for the purposes of an
*income tax law or
*fringe benefits tax law.
32 Subsection 995-1(1)
Insert:
tax debt has the same meaning as in section 8AAZA of the
Taxation Administration Act 1953.
33 Subsection 995-1(1)
Insert:
taxation law means:
(a) an Act of which the Commissioner has the general administration;
or
(b) regulations under such an Act.
Insert:
tax-related liability has the meaning given by section 255-1
in Schedule 1 to the Taxation Administration Act 1953.
Insert:
TFN declaration means a declaration made for the purposes of
section 202C of the Income Tax Assessment Act 1936 on or after 1 July
2000.
36 Subsection 995-1(1) (paragraph (b) of the
definition of this Act)
Repeal the paragraph, substitute:
(b) Part IVC of the Taxation Administration Act 1953, so far as
that Part relates to:
(i) this Act or the Income Tax Assessment Act 1936; or
(ii) Schedule 1 to the Taxation Administration Act 1953;
and
37 Subsection 995-1(2)
Repeal the subsection, substitute:
(2) So far as a provision of the Income Tax Assessment Act 1997
gives an expression a particular meaning, the provision:
(a) does not also have effect for the purposes of the Income Tax
Assessment Act 1936 (the 1936 Act), except as provided in the
1936 Act; and
(b) does not also have effect for the purposes of Part IVC of the
Taxation Administration Act 1953, except as provided in that
Part.