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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
A New Tax
System (Tax Administration) Bill (No. 2)
2000
No. ,
2000
(Treasury)
A Bill
for an Act to amend the law about taxation to implement A New Tax System, and
for related purposes
ISBN: 0642
435723
Contents
Taxation Administration Act
1953 3
Part 1—General 21
A New Tax System (Australian Business Number) Act
1999 21
Diesel and Alternative Fuels Grants Scheme Act
1999 21
Fringe Benefits Tax Assessment Act
1986 22
Income Tax Assessment Act
1936 23
Income Tax Assessment Act
1997 31
Petroleum Resource Rent Tax Assessment Act
1987 32
Superannuation Contributions Tax (Assessment and Collection) Act
1997 33
Superannuation Guarantee (Administration) Act
1992 33
Taxation Administration Act
1953 35
Taxation (Interest on Overpayments and Early Payments) Act
1983 44
Tobacco Charges Assessment Act
1955 44
Termination Payments Tax (Assessment and Collection) Act
1997 44
Wool Tax (Administration) Act
1964 44
Part 2—Amendments applying to returns etc. for the 2000-01 year
and later years 46
Income Tax Assessment Act
1936 46
Taxation Administration Act
1953 47
Part 3—Amendments applying to tax payable for the 2000-01 year
and later years 53
Income Tax Assessment Act
1936 53
Part 4—FBT amendments commencing on 1 April
2001 54
Fringe Benefits Tax Assessment Act
1986 54
Taxation Administration Act
1953 56
A New Tax System (Tax Administration) Act
1999 58
A Bill for an Act to amend the law about taxation to
implement A New Tax System, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the A New Tax System (Tax Administration) Act
(No. 2) 2000.
In this Act:
Corporations Law means the Corporations Law set out in
section 82 of the Corporations Act 1989.
(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 (Goods and Services Tax) Act 1999.
(2) Items 2 to 7 (inclusive) of Schedule 2 commence, or are
taken to have commenced, immediately after the commencement of sections 9
and 10 of the Diesel and Alternative Fuels Grants Scheme Act
1999.
(3) Part 4 of Schedule 2 commences, or is taken to have
commenced, on 1 April 2001.
(4) Schedule 3 commences, or is taken to have commenced, immediately
after the commencement of section 1 of the A New Tax System (Tax
Administration) Act (No. 1) 2000.
(5) Schedule 4 commences, or is taken to have commenced, on
1 July 2000.
(6) Items 8 and 9 of Schedule 5 commence, or are taken to have
commenced, on 1 July 2000.
Subject to section 3, the Corporations Law and 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.
Taxation Administration
Act 1953
1 Section 265-70 in Schedule 1 (link
note)
Omit “288”, substitute “284”.
2 Before Division 288 in
Schedule 1
Insert:
Table of Subdivisions
Guide to Division 284
284-A General provisions
284-B Penalties relating to statements
284-C Penalties relating to schemes
284-D Provisions common to Subdivisions 284-B and 284-C
This Division sets out the circumstances in which administrative penalties
apply for:
(a) making false or misleading statements; and
(b) taking a position that is not reasonably arguable; and
(c) entering into schemes.
It also sets out the amounts of those penalties.
Table of sections
284-10 Object of Division
284-15 When a matter is reasonably
arguable
284-20 Which statements this Division applies
to
284-25 Statements by agents
284-30 Application of Division to trusts
284-35 Application of Division to
partnerships
The object of this Division is to provide a uniform administrative
penalty regime for all *taxation laws to enable
administrative penalties to apply to entities that fail to meet their
obligations under those laws in relation to:
(a) making false or misleading statements; and
(b) taking a position that is not reasonably arguable; and
(c) entering into *schemes; and
(d) refusing to provide documents to the Commissioner; and
(e) disregarding *private
rulings.
(1) A matter is reasonably arguable if it would be concluded
in the circumstances, having regard to relevant authorities, that what is argued
for is as likely to be correct as incorrect.
(2) To the extent that a matter involves an assumption about the way in
which the Commissioner will exercise a discretion, the matter is only
reasonably arguable if, had the Commissioner exercised the
discretion in the way assumed, a court would be as likely as not to decide that
the exercise of the discretion was in accordance with law.
(3) Without limiting subsection (1), these authorities are
relevant:
(a) a *taxation law;
(b) material for the purposes of subsection 15AB(1) of the Acts
Interpretation Act 1901;
(c) a decision of a court (whether or not an Australian court), the
*AAT or a Board of Review;
(d) a public ruling within the meaning of Part IVAAA.
This Division applies to a statement made orally, in a document or in any
other way (including electronically) for a purpose connected with a
*taxation law.
This Division applies to a statement made in an
*approved form by your agent as if it had been
made by you.
If you are a trustee of a trust and:
(a) you make a statement to the Commissioner or to an officer who is
exercising powers or performing functions under a
*taxation law about the trust; and
(b) the statement:
(i) is false or misleading in a material particular, whether because of
things in it or omitted from it; or
(ii) treated an *income tax law as
applying to a matter or identical matters in a particular way that was not
*reasonably arguable; or
(iii) treated a taxation law as applying in a particular way to a
*scheme;
this Division applies to you as if any
*shortfall amount or
*scheme shortfall amount of a beneficiary of
the trust as a result of the statement were your shortfall amount or scheme
shortfall amount.
(1) If you are a partner in a partnership and:
(a) a statement about the partnership net income or partnership loss is
made by a partner or the partnership’s agent to the Commissioner or to an
entity who is exercising powers or performing functions under a
*taxation law about the partnership;
and
(b) the statement:
(i) is false or misleading in a material particular, whether because of
things in it or omitted from it; or
(ii) treated an *income tax law as
applying to a matter or identical matters in a particular way that was not
*reasonably arguable;
this Division applies to you as if you had made the statement.
(2) If you are a partner in a partnership and:
(a) the partnership participated in a
*scheme; and
(b) the partnership net income would have been greater, or the partnership
loss would have been smaller, apart from the scheme;
this Division applies to you as if the proportion of the
*scheme benefit that is the same as your share
of the partnership net income or partnership loss were your scheme
benefit.
You are liable to an administrative penalty if:
(a) you make a false or misleading statement about a tax-related matter;
or
(b) you take a position that is not reasonably arguable about a
tax-related matter; or
(c) the Commissioner determines a tax-related liability of yours without
documents you were required to provide; or
(d) you do not follow a private ruling about a tax-related
matter.
This Subdivision sets out when the penalties apply and how the amounts of
the penalties are calculated.
Table of sections
Operative provisions
284-75 Liability to penalty
284-80 Shortfall amounts
284-85 Amount of penalty
284-90 Base penalty amount
[This is the end of the Guide.]
(1) You are liable to an administrative penalty if:
(a) you or your agent makes a statement to the Commissioner or to an
entity that is exercising powers or performing functions under a
*taxation law; and
(b) the statement is false or misleading in a material particular, whether
because of things in it or omitted from it; and
(c) you have a *shortfall amount as a
result of the statement.
(2) You are liable to an administrative penalty if:
(a) you or your agent makes a statement to the Commissioner or to an
entity that is exercising powers or performing functions under an
*income tax law; and
(b) in the statement, you or your agent treated an
*income tax law as applying to a matter or
identical matters in a particular way that was not
*reasonably arguable; and
(c) you have a *shortfall amount as a
result of the statement; and
(d) item 4, 5 or 6 of the table in subsection 284-90(1) applies to
you.
(3) You are liable to an administrative penalty if:
(a) you fail to give a return, notice or other document to the
Commissioner by the day it is required to be given; and
(b) that document is necessary for the Commissioner to determine a
*tax-related liability of yours accurately;
and
(c) the Commissioner determines the tax-related liability without the
assistance of that document.
Note: You are also liable to an administrative penalty for
failing to give the document on time: see
Subdivision 286-C.
(4) You are liable to an administrative penalty if:
(a) a *private ruling has been made about
the way in which a *taxation law applies to
you; and
(b) after the ruling was made, you make a statement to the Commissioner
treating that law as applying to you in a different way; and
(c) you have a *shortfall amount as a
result of the statement.
You have a shortfall amount if an item in this table
applies to you. That amount is the amount by which the relevant liability, or
the payment or credit, is less than or more than it would otherwise have
been.
|
Shortfall amounts |
|
|---|---|
|
Item |
You have a shortfall amount in this situation: |
|
1 |
A *tax-related liability of yours for an
accounting period, or for a *taxable
importation, worked out on the basis of the statement is less than it would be
if the statement were not false or misleading |
|
2 |
An amount that the Commissioner must pay or credit to you under a
*taxation law for an accounting period, or
under a tourist refund scheme under Division 168 of the
*GST Act, worked out on the basis of the
statement is more than it would be if the statement were not false or
misleading |
|
3 |
A *tax-related liability of yours for an
accounting period worked out on the basis of the statement is less than it would
be if the statement did not treat an *income
tax law as applying in a way that was not
*reasonably arguable |
|
4 |
An amount that the Commissioner must pay or credit to you under an
*income tax law for an accounting period worked
out on the basis of the statement is more than it would be if the statement did
not treat an *income tax law as applying in a
way that was not *reasonably arguable |
|
5 |
A *tax-related liability of yours for an
accounting period worked out on the basis of the statement is less than it would
be if the statement were consistent with the
*private ruling |
|
6 |
An amount that the Commissioner must pay or credit to you under a
*taxation law for an accounting period worked
out on the basis of the statement is more than it would be if the statement were
consistent with the *private ruling |
Note: Section 284-215 may reduce or eliminate your
shortfall amount.
(1) Work out the *base penalty amount
under section 284-90. If the base penalty amount is not increased under
section 284-220 or reduced under section 284-225, this is the amount
of the penalty.
(2) Otherwise, use this formula:
where:
BPA is the *base penalty
amount.
increase % is the percentage increase (if any) under
section 284-220.
reduction % is the percentage reduction (if any) under
section 284-225.
(1) The base penalty amount under this Subdivision is worked
out using this table:
|
Base penalty amount |
||
|---|---|---|
|
Item |
In this situation: |
The base penalty amount is: |
|
1 |
Your *shortfall amount or part of it
resulted from intentional disregard of a
*taxation law by you or your agent |
75% of your *shortfall amount or
part |
|
2 |
Your *shortfall amount or part of it
resulted from recklessness by you or your agent as to the operation of a
*taxation law |
50% of your *shortfall amount or
part |
|
3 |
Your *shortfall amount or part of it
resulted from a failure by you or your agent to take reasonable care to comply
with a *taxation law |
25% of your *shortfall amount or
part |
|
4 |
Your *shortfall amount or part of it
resulted from you or your agent treating an
*income tax law as applying to a matter or
identical matters in a particular way that was not
*reasonably arguable, and that amount is more
than the greater of $10,000 or 1% of the income tax payable by you for the
income year, worked out on the basis of your
*income tax return |
25% of your *shortfall amount or
part |
|
5 |
You have a *shortfall amount because of
section 284-30 (about trusts) and: |
25% of your *shortfall amount or
part |
|
6 |
You have a *shortfall amount because of
section 284-35 (about partnerships) and: |
25% of your *shortfall amount or
part |
|
7 |
You are liable to an administrative penalty under subsection
284-75(3) |
75% of the tax-related liability concerned |
|
8 |
Your *shortfall amount or part of it
resulted you or your agent disregarding a
*private ruling |
25% of your *shortfall amount or
part |
Note: Section 284-215 may reduce or eliminate your
shortfall amount.
(2) If 2 or more items in that table apply to you for your
*shortfall amount or a part of it and one of
them produces a greater *base penalty amount
than any of the others, use that item.
You are liable to an administrative penalty if you attempt to reduce your
tax-related liabilities or increase your credits through a scheme.
This Subdivision sets out when the penalties apply and how the amounts of
the penalties are calculated.
Table of sections
Operative provisions
284-145 Liability to penalty
284-150 Scheme benefits and scheme shortfall
amounts
284-155 Amount of penalty
284-160 Base penalty amount: schemes
[This is the end of the Guide.]
(1) You are liable to an administrative penalty if:
(a) you would, apart from a provision of a
*taxation law or action taken under such a
provision (the adjustment provision), get a
*scheme benefit from a
*scheme; and
(b) having regard to any relevant matters, it is reasonable to conclude
that:
(i) an entity that (alone or with others) entered into or carried out the
scheme, or part of it, did so with the sole or dominant purpose of that entity
or another entity getting a scheme benefit from the scheme; or
(ii) for a scheme referred to in Division 165 of the A New Tax
System (Goods and Services Tax) Act 1999—a principal effect of the
scheme, or of part of the scheme, is that you would, apart from the adjustment
provision, get the scheme benefit from the scheme directly or
indirectly.
(2) You are also liable to an administrative penalty if:
(a) you would, apart from section 136AD or 136AE of the Income Tax
Assessment Act 1936, or the application of the International Tax
Agreements Act 1953 to those sections, (also the adjustment
provision) get a *scheme benefit from a
*scheme; and
(b) subparagraph (1)(b)(i) is not satisfied for the scheme.
(3) It does not matter whether the
*scheme, or any part of the scheme, was entered
into or carried out inside or outside Australia.
(1) An entity gets a scheme benefit from a
*scheme if:
(a) a *tax-related liability of the
entity for an accounting period is, or could reasonably be expected to be, less
than it would be apart from the scheme or a part of the scheme; or
(b) an amount that the Commissioner must pay or credit to the entity under
a *taxation law for an accounting period is, or
could reasonably be expected to be, more than it would be apart from the scheme
or a part of the scheme.
(2) The amount of the *scheme benefit
that you would, apart from the adjustment provision, have got from the
*scheme is called your scheme shortfall
amount.
Note: Section 284-215 may reduce or eliminate your
scheme shortfall amount.
(1) Work out the *base penalty amount
under section 284-160. If the base penalty amount is not increased under
section 284-220 or reduced under section 284-225, this is the amount
of the penalty.
(2) Otherwise, use this formula:
where:
BPA is the *base penalty
amount.
increase % is the percentage increase (if any) under
section 284-220.
reduction % is the percentage reduction (if any) under
section 284-225.
The base penalty amount for a
*scheme is:
(a) for a scheme to which subsection 284-145(1) applies:
(i) 50% of your *scheme shortfall amount;
or
(ii) 25% of your scheme shortfall amount if it is
*reasonably arguable that the adjustment
provision does not apply; or
(b) for a scheme to which subsection 284-145(2) applies:
(i) 25% of your *scheme shortfall amount;
or
(ii) 10% of your scheme shortfall amount if it is
*reasonably arguable that the adjustment
provision does not apply.
Note: Section 284-215 may reduce or eliminate your
scheme shortfall amount.
Table of sections
284-215 Exceptions
284-220 Increase in base penalty amount
284-225 Reduction of base penalty amount
(1) If, apart from this section, you would have a
*shortfall amount or a
*scheme shortfall amount for an accounting
period and:
(a) your shortfall amount or scheme shortfall amount, or part of it, was
caused by you or your agent treating a
*taxation law as applying in a particular way;
and
(b) that way agrees with:
(i) advice given to you or your agent by or on behalf of the Commissioner;
or
(ii) general administrative practice under that law; or
(iii) a statement in a publication approved in writing by the
Commissioner;
your shortfall amount or scheme shortfall amount is reduced to the extent
that it was caused by that treatment.
(2) You do not have a *shortfall amount
as a result of a statement that is false or misleading in a material particular
to the extent that you and your agent (if any) took reasonable care in making
the statement.
(3) You do not have a *shortfall amount
as a result of a statement referred to in subsection 284-75(4) to the extent
that an order of a court or a decision of the
*AAT supports the way you treated the
*taxation law as applying.
Note: Subsection 284-75(4) deals with statements contrary to
private rulings.
(1) The *base penalty amount for your
*shortfall amount, or for part of it, for an
accounting period is increased by 20% if:
(a) you took steps to prevent or obstruct the Commissioner from finding
out about the shortfall amount; or
(b) you became aware of the shortfall amount or part after a statement had
been made to the Commissioner about the relevant
*tax-related liability and you did not tell the
Commissioner about it within a reasonable time; or
(c) the base penalty amount was worked out using item 1, 2 or 3 of
the table in subsection 284-90(1) and a base penalty amount for you was worked
out under one of those items for a previous accounting period; or
(d) the base penalty amount was worked out using item 4, 5, 6 or 8 of
that table and a base penalty amount for you was worked out under that item for
a previous accounting period; or
(e) your liability to a penalty arises under subsection 284-75(3) and you
were liable to a penalty under that subsection for a previous accounting
period.
(2) The *base penalty amount for your
*scheme shortfall amount, or for part of it,
for an accounting period is increased by 20% if:
(a) you took steps to prevent or obstruct the Commissioner from finding
out about the scheme shortfall amount or the part; or
(b) a base penalty amount for you was worked out under
section 284-160 for a previous accounting period.
(1) The *base penalty amount for your
*shortfall amount or
*scheme shortfall amount, or for part of it,
for an accounting period is reduced by 20% if:
(a) the Commissioner tells you that a
*tax audit is to be conducted of your financial
affairs for that period or a period that includes that period; and
(b) after that time, you voluntarily tell the Commissioner, in the
*approved form, about the shortfall or the part
of it; and
(c) telling the Commissioner can reasonably be estimated to have saved the
Commissioner a significant amount of time or significant resources in the
audit.
(2) The *base penalty amount for your
*shortfall amount or
*scheme shortfall amount, or for part of it,
for an accounting period is reduced under subsection (3) or (4) if you
voluntarily tell the Commissioner, in the
*approved form, about the shortfall amount or
the part of it before the earlier of:
(a) the day the Commissioner tells you that a
*tax audit is to be conducted of your financial
affairs for that period or a period that includes that period; or
(b) if the Commissioner makes a public statement requesting entities to
make a voluntary disclosure by a particular day about a
*scheme or transaction that applies to your
financial affairs—that day.
(3) The *base penalty amount for your
*shortfall amount, or for part of it,
is:
(a) reduced by 80% if the shortfall amount, or the part of, it is $1,000
or more; or
(b) reduced to nil if the shortfall amount, or the part of it, is less
than $1,000.
(4) The *base penalty amount for your
*scheme shortfall amount, or for part of it, is
reduced by 80%.
(5) If you voluntarily tell the Commissioner, in the
*approved form, about your
*shortfall amount or
*scheme shortfall amount, or part of it,
after the Commissioner tells you that a
*tax audit is to be conducted of your financial
affairs, the Commissioner may treat you as having done so before being
told about the audit if the Commissioner considers it appropriate to do so in
the circumstances.
[The next Division is Division 286.]
Table of Subdivisions
286-A Guide to Division 286
286-B Object of Division
286-C Penalties for failing to lodge documents on time
You are liable to an administrative penalty if you are required to give a
return, statement, notice or other document to the Commissioner by a particular
time and you do not do so.
This Division sets out when the penalty applies and how the amounts of the
penalty are calculated.
Table of sections
286-25 Object of Division
The object of this Division is to provide a uniform administrative
penalty regime for all *taxation laws to enable
administrative penalties to apply for failure to give returns, notices,
statements or other documents to the Commissioner on time.
Table of sections
286-75 Liability to penalty
286-80 Amount of penalty
[This is the end of the Guide.]
(1) You are liable to an administrative penalty if:
(a) you are required under a *taxation
law to give a return, notice, statement or other document to the Commissioner in
the *approved form by a particular day;
and
(b) you do not give the return, notice, statement or document to the
Commissioner in the approved form by that day.
(2) Subsection (1) does not apply to a return, notice, statement or
other document under any of these Acts:
(a) the Superannuation Contributions Tax (Assessment and Collection)
Act 1997;
(b) the Superannuation Guarantee (Administration) Act 1992;
or
(c) the Superannuation (Self Managed Superannuation Funds) Supervisory
Levy Imposition Act 1991.
(1) The amount of the penalty is worked out in this way:
(a) work out the *base penalty amount
under subsection (2); and
(b) work out whether the base penalty amount is increased under
subsection (3) or (4).
(2) The base penalty amount for failing to lodge a return,
notice or other document on time or in the
*approved form is 1 penalty unit for each
period of 28 days or part of a period of 28 days starting on the day when the
document is due and ending when you give it to the Commissioner (up to a maximum
of 5 penalty units).
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Example: An entity lodges a return 31 days late. The base
penalty amount under subsection (2) is 2 penalty units.
(3) The *base penalty amount is
multiplied by 2 if:
(a) the entity concerned is a *medium
withholder for the month in which the return, notice or other document was
required to be given; or
(b) the entity’s assessable income for the income year in which the
return, notice or other document is required to be given is more than $1 million
but less than $20 million; or
(c) the entity’s *current annual
turnover worked out at a time in the month in which the return, notice or other
document was required to be given is more than $1 million but less than $20
million.
(4) The *base penalty amount is
multiplied by 5 if:
(a) the entity concerned is a *large
withholder for the month when the return, notice or other document was required
to be given; or
(b) the entity’s assessable income for the income year in which the
return, notice or other document is required to be given is $20 million or more;
or
(c) the entity’s *current annual
turnover worked out at a time in the month in which the return, notice or other
document was required to be given is $20 million or more.
(5) In working out the *base penalty
amount, the amount of a penalty unit is the amount applying at the start of the
relevant 28 day period.
(6) The fact that you have not yet lodged the relevant return, notice or
other document does not prevent the Commissioner notifying you that you are
liable to an administrative penalty under this Subdivision. That penalty may be
later increased under this section.
Note: The Commissioner is required to notify you of an
administrative penalty: see section 298-10.
[The next Division is Division 288.]
3 Transitional
(1) Section 284-220 in Schedule 1 to the Taxation
Administration Act 1953 has effect as if a reference in
paragraph (1)(c) or (d) of that section to an item specified in this table
included a reference to the corresponding provision of the Income Tax
Assessment Act 1936.
|
1936 Act equivalent of certain items |
||
|---|---|---|
|
Item |
Schedule 1 provision |
1936 Act provision |
|
1 |
Item 1 in the table in subsection 284-90(1) in Schedule 1 to the
Taxation Administration Act 1953 |
Section 226J |
|
2 |
Item 2 in that table |
Section 226H |
|
3 |
Item 3 in that table |
Section 226G |
|
4 |
Item 4 in that table |
Section 226K |
|
5 |
Item 5 in that table |
Section 226S |
|
6 |
Item 6 in that table |
Section 226P |
|
7 |
Item 8 in that table |
Section 226M |
(2) Section 284-220 in Schedule 1 to the Taxation
Administration Act 1953 has effect as if the reference in subsection
284-220(2) to section 284-160 in that Schedule included a reference to
section 224, 225, 226 or 226AA of the Income Tax Assessment Act
1936.
4 Application of amendments
(1) Subject to this item, the amendments made by this Schedule apply to
things done on or after 1 July 2000.
(2) For fringe benefits tax, those amendments apply to fringe benefits tax,
and to things done, for the year of tax starting on 1 April 2001 and later
years.
(3) Those amendments do not apply to a return, statement, notice or other
document, or a statement made or scheme entered into, in relation to:
(a) for income tax—the 1999-2000 income year or an earlier income
year; or
(b) for fringe benefits tax—the year of tax starting on 1 April
2000 or an earlier year of tax; or
(c) for other taxes—the year starting on 1 July 1999 or an
earlier year.
A New Tax
System (Australian Business Number) Act
1999
1 Section 41 (definition of electronic
signature)
Repeal the definition, substitute:
electronic signature has the meaning given by subsection
995-1(1) of the Income Tax Assessment Act 1997.
Diesel and Alternative
Fuels Grants Scheme Act 1999
2 Section 5
Insert:
general interest charge means the charge worked out under
Division 1 of Part IIA of the Taxation Administration Act
1953.
3 Subsections 27(2), (3), (4), (5) and
(9)
Repeal the subsections, substitute:
(2) If an amount of a designated scheme debt that is payable by you
remains unpaid after the day by which it must be paid, you are liable, by way of
penalty, to pay the general interest charge on the unpaid amount.
(3) You are liable to pay the charge for each day in the period
that:
(a) started at the beginning of the day on which the amount becomes due to
be paid; and
(b) finishes at the end of the last day at the end of which any of these
remains unpaid:
(i) the unpaid amount;
(ii) general interest charge on the unpaid amount.
4 Sections 28, 29, 30, 31, 32 and
33
Repeal the sections.
5 Subsection 47(5)
Omit “10 penalty units”, substitute “30 penalty
units”.
6 Subsection 47(5) (note)
Omit “Note”, substitute “Note 1”.
7 At the end of subsection
47(5)
Add:
Note 2: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Fringe Benefits Tax
Assessment Act 1986
8 Subsection 101(4)
Repeal the subsection.
9 Before section 114
Insert:
This Part does not apply to a return or information relating to the year
of tax starting on 1 April 2000 or a later year of tax.
Note: See instead Part 4-25 in Schedule 1 to the
Taxation Administration Act 1953.
10 Section 119
Repeal the section, substitute:
Note: Section 251L of the Income Tax Assessment Act
1936 prohibits a person from charging a fee for doing things under this Act
on behalf of someone else unless the person is a registered tax agent, a member
of a recognised professional association or is otherwise approved by the
Commissioner.
11 Subsection 127(3)
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
12 Subsection 132(5)
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note 1: There is an administrative penalty if you do not
keep or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
Note 2: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Income Tax Assessment Act
1936
13 Subsection 6(1)
Insert:
approved form has the meaning given by section 388-50 in
Schedule 1 to the Taxation Administration Act 1953.
14 Subsection 16(6)
Omit “in the manner and form prescribed”, substitute “in
the approved form”.
15 At the end of subsection
98A(2)
Add:
Note: 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.
16 At the end of subsection
102AAZG(1)
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
17 Subsection 102AAZG(2)
Omit “$3,000”, substitute “30 penalty
units”.
18 At the end of subsection
102AAZG(2)
Add:
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
19 Before
section 160ARXA
Insert:
This Division does not apply to a return or information relating to a
franking year starting on or after 1 July 2000.
Note: See instead Part 4-25 in Schedule 1 to the
Taxation Administration Act 1953.
20 At the end of
section 163A
Add:
(10) This section does not apply to a return for the 2000-01 year of
income or a later year of income.
Note: See instead Division 286 in Schedule 1 to
the Taxation Administration Act 1953.
21 At the end of
section 163B
Add:
(11) This section does not apply to a return for the 2000-01 year of
income or a later year of income.
Note: See instead Division 286 in Schedule 1 to
the Taxation Administration Act 1953.
22 Subsections 170(6A) and
(6B)
Repeal the subsections, substitute:
(6AA) An application for amendment must be in the approved form.
23 At the end of
section 170AA
Add:
(15) This section does not apply to amendments relating to the 2000-01
year of income or a later year of income.
24 Section 170B
Repeal the section.
25 Paragraph 172(1)(b)
Repeal the paragraph, substitute:
(b) the Commissioner must apply the amount of any tax overpaid in
accordance with Divisions 3 and 3A of Part IIB of the Taxation
Administration Act 1953.
26 Subsection 221AZKD(3) (definition of approved
form)
Omit “subsection 995-1(1) of the Income Tax Assessment Act
1997”, substitute “section 388-50 in Schedule 1 to the
Taxation Administration Act 1953”.
27 Paragraph 222AJA(3)(a)
Omit “the estimate”, substitute “the underlying
liability”.
28 Before section 222A
Insert:
This Part does not apply to statements made, or schemes entered into, in
relation to the 2000-01 year of income or a later year of income.
Note: See instead Division 284 in Schedule 1 to
the Taxation Administration Act 1953.
29 Section 226A
Repeal the section.
30 Paragraph 226Z(b)
Repeal the paragraph, substitute:
(b) the taxpayer voluntarily tells the Commissioner in writing about the
shortfall or part before the earlier of:
(i) the day the Commissioner informs the taxpayer that a tax audit
relating to the taxpayer in respect of the year was to be carried out;
or
(ii) if the Commissioner has made a public statement requesting taxpayers
to make a voluntary disclosure by a particular day about a scheme or transaction
that applies to the taxpayer’s financial affairs—before that
day;
31 Section 251A
Insert:
BAS provision has the meaning given by subsection 995-1(1) of
the Income Tax Assessment Act 1997.
32 Section 251A
Insert:
BAS service has the meaning given by
section 251L.
33 Section 251A
Insert:
taxation law has the meaning given by subsection 995-1(1) of
the Income Tax Assessment Act 1997.
34 Subsections 251L(1), (2), (3) and
(4)
Repeal the subsections, substitute:
(1) Subject to this section, a person who is not a registered tax agent
must not knowingly or recklessly demand or receive any fee for:
(a) preparing or lodging on behalf of a taxpayer a return, notice,
statement, application or other document about the taxpayer’s liabilities
under a taxation law; or
(b) giving legal advice about a taxation law; or
(c) preparing or lodging on behalf of a taxpayer an objection to an
assessment of the taxpayer’s liabilities under a taxation law;
or
(d) applying for a review of, or instituting an appeal against, a decision
on such an objection; or
(e) on behalf of a taxpayer, dealing with the Commissioner or a person who
is exercising powers or performing functions under a taxation law.
Penalty: 200 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
35 At the end of
section 251L
Add:
(6) Subsection (1) does not apply to the provision of a BAS service
on behalf of a taxpayer by:
(a) a member of a recognised professional association; or
(b) a bookkeeper working under the direction of a registered tax agent;
or
(c) where the BAS service is under Part 2-5 in Schedule 1 to the
Taxation Administration Act 1953—a person who provides payroll
services to an employer.
(7) A BAS service is any of these:
(a) preparing or lodging an approved form about a taxpayer’s
liabilities, obligations or entitlements under a BAS provision;
(b) giving legal advice about a BAS provision;
(c) dealing with the Commissioner or a person who is exercising powers or
performing functions under a taxation law in relation to a BAS
provision.
(8) Subsection (1) does not apply to the provision of any of these
services on behalf of a taxpayer by a barrister or solicitor who is acting in
the course of his or her profession:
(a) giving legal advice about taxation laws;
(b) preparing or lodging an objection to an assessment of the
taxpayer’s liability under a taxation law;
(c) applying for a review of, or instituting an appeal against, a decision
on such an objection;
(d) while acting for a trust or a deceased estate for which the barrister
or solicitor is the trustee or legal personal representative:
(i) preparing or lodging an approved form about the trust’s or
estate’s liabilities, obligations or entitlements under a taxation law;
or
(ii) dealing with the Commissioner or a person who is exercising powers or
performing functions under a taxation law.
(9) A member of a recognised professional association can provide BAS
services through an entity for:
(a) if the member is a partner in a partnership—the partnership;
or
(b) if the member is a director or employee of a company—the
company.
(10) A defendant does not bear an evidential burden in relation to a
matter specified in subsection (6) or (8).
36 After section 251L
Insert:
(1) A recognised professional association is an organisation
that meets the requirements in subsections (2) to (10).
(2) The organisation must:
(a) be administered by a committee of management elected by and
accountable to its members; and
(b) not be carried on for profit or gain (excluding a reasonable salary or
honorarium) to:
(i) an office holder of the organisation; or
(ii) its members; or
(iii) members of bodies (member bodies) that are its
members; and
(iv) any person who is a member of that committee of management.
(3) The individuals who are members of that committee must be of good
fame, integrity and character.
(4) The organisation must have at least 1,000 financial members who have
the right to vote at meetings of the organisation.
(5) An individual or member body must not be eligible for membership of
the organisation unless the individual, or each individual who is a member of
the member body, has completed the requirements for:
(a) a diploma or certificate in accounting from a college or institute of
technical and further education involving at least 2 years’ full time, or
4 years’ part time, study; or
(b) an Australian tertiary qualification in accountancy involving at least
3 years’ full time, or 6 years’ part time, study; or
(c) some other similar qualification acceptable to the organisation;
or
(d) admission as a legal practitioner in Australia.
(6) Under the rules of the organisation, individuals who are its members
or members of its member bodies and who carry on a profession must:
(a) be subject to rules controlling their conduct in the practice of the
profession; and
(b) be subject to discipline for breaches of those rules; and
(c) be required to undertake at least 15 hours of structured continuing
professional education in each year (unless exempted in special circumstances);
and
(d) if they are in public practice—have professional indemnity
insurance.
(7) The organisation must have in place adequate operational procedures to
ensure it is properly managed and its rules are enforced.
(8) The organisation must have satisfactory arrangements in place
for:
(a) notifying clients of its members or of members of its member bodies as
to how to make complaints; and
(b) hearing and deciding those complaints; and
(c) taking disciplinary action if complaints are justified.
(9) The organisation must have satisfactory arrangements in place for
publishing annual statistics about:
(a) the kinds and frequency of complaints (except complaints under this
Act about registered tax agents); and
(b) findings made as a result of the complaints; and
(c) action taken as a result of those findings.
(10) The organisation must be able to pay its debts as they fall
due.
37 At the end of subsection
262A(1)
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
38 After subsection
262A(1C)
Insert:
(1D) A taxpayer who is a full self-assessment taxpayer must:
(a) keep a record containing particulars of the basis of the calculation
of the amounts that the taxpayer specified under section 161AA in a return
for a year of income; and
(b) produce to the Commissioner, when and as required by the Commissioner
under this Act, a document containing those particulars.
39 Subsection 262A(5)
(penalty)
Repeal the penalty.
40 At the end of
section 262A
Add:
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
41 Subsection 263(3)
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
42 At the end of
section 462
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this Division: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
43 Section 465
Omit “$3,000”, substitute “30 penalty
units”.
44 At the end of
section 465
Add:
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
45 At the end of
section 615
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this Division: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
46 Section 621
Omit “$3,000”, substitute “30 penalty
units”.
47 At the end of
section 621
Add:
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
48 At the end of subsection 245-265(1) in
Schedule 2C
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
Income Tax Assessment Act
1997
49 Subsection 121-20(1)
(note)
Omit “Note”, substitute “Note 1”.
50 At the end of subsection
121-20(1)
Add:
Note 2: There is an administrative penalty if you do not
keep records as required by this Division: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
51 Subsection 121-20(5)
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
52 Subsection 121-25(4)
(note)
Omit “Note”, substitute “Note 1”.
53 At the end of subsection
121-25(4)
Add:
Note 2: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Petroleum Resource Rent
Tax Assessment Act 1987
54 Before section 101
Insert:
This Part does not apply to a return, or information, relating to the
year of tax starting on 1 July 2000 or a later year of tax.
Note: See instead Division 284 in Schedule 1 to
the Taxation Administration Act 1953.
55 Subsection 107(3)
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
56 Section 112
(penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
Note 1: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Note 2: There is an administrative penalty if you do not
keep or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
Superannuation
Contributions Tax (Assessment and Collection) Act 1997
57 Subsection 35A(4)
Repeal the subsection, substitute:
(4) The prescribed penalty is 5 penalty units for each week or part of a
week during which the contravention continues.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
58 Subsection 38(3)
(penalty)
Omit “10 penalty units”, substitute “30 penalty
units”.
59 Subsection 38(3) (note)
Omit “Note”, substitute “Note 1”.
60 At the end of subsection
38(3)
Add:
Note 2: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Superannuation Guarantee
(Administration) Act 1992
61 Subsection 38(2) (definition of overpaid
amount)
After “Part 7”, insert “of this Act or
administrative penalty under Part 4-25 in Schedule 1 to the
Taxation Administration Act 1953”.
62 Subsection 59(2)
Repeal the subsection, substitute:
(2) An employer liable to pay superannuation guarantee charge in relation
to a year must:
(a) keep a record in relation to the year containing details of the basis
of calculation of the following amounts:
(i) the employer’s annual national payroll for the employer’s
base year;
(ii) the individual superannuation guarantee shortfalls of the employer
for the year;
(iii) the employer’s nominal interest component for the
year;
(iv) the employer’s administration component for the year;
that were specified in a superannuation guarantee statement under
section 33 or a statement under section 34; or
(b) produce to the Commissioner, when and as required by the Commissioner
under this Act, a document containing details of the basis of calculation of the
amounts referred to in paragraph (2)(a) that were specified in a
superannuation guarantee statement under section 33 or a statement under
section 34.
63 Sections 60 and 61
Repeal the sections.
64 Subsection 76(3)
(penalty)
Repeal the penalty, substitute:
Penalty for contravention of this subsection: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
65 At the end of subsection
79(1)
Add:
Note: There is an administrative penalty if you do not keep
or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
66 Subsection 79(6)
Omit “$3,000”, substitute “30 penalty
units”.
67 At the end of subsection
79(6)
Add:
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Taxation Administration
Act 1953
68 Subsection 3AA(4)
Repeal the subsection.
69 Subsection 8AAB(5) (before table
item 1)
Insert:
|
1A |
27 |
Diesel and Alternative Fuels Grants Scheme Act 1999 |
70 Subsection 8AAB(5) (table items 17C and
17D)
Repeal the items.
71 Subsection 8AAB(5) (before table
item 19)
Insert:
|
18 |
298-25 in Schedule 1 |
Taxation Administration Act 1953 |
72 Subsection 8AAG(5)
Repeal the subsection, substitute:
(5) The Commissioner may remit all or a part of the charge referred to in
subsection (2) if the Commissioner is satisfied that:
(a) there are special circumstances because of which it would be fair and
reasonable to remit all or a part of the charge; or
(b) it is otherwise appropriate to do so.
73 Before section 8AAI
Insert:
This Division does not apply to a notification of a liability that arises
on or after 1 July 2000.
74 Before section 8AAO
Insert:
This Division does not apply to a statement, report or form that relates
to the 2000-01 year of income or a later year of income.
75 Subsection 8AAZLH(2)
After “nominated” (first occurring), insert “in the
approved form”.
76 After subsection
8AAZLH(2)
Insert:
(2A) The account must be one held by:
(a) the entity, or the entity and some other entity; or
(b) the entity’s registered tax agent; or
(c) a legal practitioner as trustee or executor for the entity.
77 At the end of
section 8AAZLH
Add:
(5) If the Commissioner pays a refund to the credit of an account
nominated by an entity, the Commissioner is taken to have paid the refund to the
entity.
78 After section 8AAZM
Insert:
(1) An entity that, under subsection 33-10(2) of the A New Tax System
(Goods and Services Tax) Act 1999, 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 Schedule 1,
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.
79 Paragraph 8C(1)(a)
Omit “return”, substitute “approved
form”.
80 Paragraph 14ZU(a)
Omit “writing”, substitute “the approved
form”.
81 Section 16B
Repeal the section, substitute:
If the amount of a tax-related liability that arises by way of penalty or
because it is assessed by the Commissioner (other than an RBA deficit or a
liability to pay the general interest charge) is not a multiple of 5 cents, the
amount is decreased to the nearest multiple of 5 cents.
82 Subsection 66(4)
(penalty)
Omit “10 penalty units”, substitute “30 penalty
units”.
83 At the end of subsection
70(4)
Add:
Note 3: There is an administrative penalty if you do not
keep or retain records as required by this section: see section 288-25 in
Schedule 1.
84 Subsection 16-25(1) in Schedule 1 (note
2)
Omit “civil”, substitute
“administrative”.
85 Subsection 16-25(2) in Schedule 1 (note
2)
Omit “civil”, substitute
“administrative”.
86 Subsection 16-85(1) in Schedule 1 (note
3)
Omit “288-15”, substitute “8AAZMA”.
87 Subsection 16-140(3) in Schedule 1 (note
2)
Omit “civil”, substitute
“administrative”.
88 At the end of section 16-142 in
Schedule 1
Add:
(2) The Commissioner may register a branch of a
*government entity or a
*non-profit sub-entity if:
(a) the branch or sub-entity applies, in the
*approved form, for registration; and
(b) the branch or sub-entity has an *ABN
or has applied for one.
A branch or sub-entity that is so registered is also a PAYG
withholding branch.
89 Subsection 16-150(1) in
Schedule 1
After “pay an amount”, insert “(even if it is a nil
amount)”.
90 Subsection 16-150(2) in
Schedule 1
Repeal the subsection.
91 Subsection 16-153(4) in
Schedule 1
Repeal the subsection.
92 Section 16-175 in Schedule 1
(penalty)
Repeal the penalty.
93 Section 16-195 in Schedule 1
(note)
Omit “civil”, substitute
“administrative”.
94 Section 16-200 in
Schedule 1
Repeal the section.
95 Subsections 18-40(1) and (2) in
Schedule 1
Repeal the subsections, substitute:
(1) If an entity has paid to the Commissioner:
(a) an amount of penalty under Subdivision 284-C in relation to a
*scheme to which section 177CA of the
Income Tax Assessment Act 1936 applies for a
*withholding payment; or
(b) an amount of *general interest charge
under section 298-25 in relation to that amount;
the person liable to pay the *withholding
tax for that withholding payment is entitled to a credit equal to the amount
paid by the entity.
Remission
(2) If:
(a) an entity has paid an amount under Subdivision 284-C in relation
to a penalty mentioned in paragraph (1)(a); and
(b) the Commissioner remits the whole or a part of the amount of the
penalty under section 298-20;
then:
(c) any credit under subsection (1) relating to the amount paid by
the entity is reduced by the amount that is remitted; and
(d) the Commissioner must pay to the entity an amount equal to the amount
that is remitted.
Note: The heading to section 18-40 in Schedule 1
is replaced by the heading “Credit: liability under
Part 4-25”.
96 Subsection 18-100(1) in Schedule 1
(note)
Omit “Note”, substitute “Note 1”.
97 At the end of subsection 18-100(1) in
Schedule 1
Add:
Note 2: There is an administrative penalty if you do not
retain the copy as required by this section: see section 288-25 in
Schedule 1.
98 Section 20-80 in Schedule 1 (table
item 15)
Repeal the item.
99 Section 20-80 in Schedule 1 (table
item 20)
Repeal the item.
100 At the end of section 20-80 in
Schedule 1
Add:
Note: Division 298 also provides review rights about
remission of administrative penalties.
101 At the end of section 45-25 in
Schedule 1
Add:
(2) This section does not apply to a notification required to be lodged on
or after 1 July 2000.
Note: See instead Division 286 in Schedule 1 to
the Taxation Administration Act 1953.
102 Paragraph 45-230(3)(b) in
Schedule 1
Repeal the paragraph, substitute:
(b) finishes at the end of the day on which your assessed tax for the
income year is due to be paid.
103 Paragraph 45-232(4)(b) in
Schedule 1
Repeal the paragraph, substitute:
(b) finishes at the end of the day on which your assessed tax for the
income year is due to be paid.
104 Paragraph 45-233(5)(b) in
Schedule 1
Repeal the paragraph, substitute:
(b) finishes at the end of the day on which your assessed tax for the
income year is due to be paid.
105 Paragraph 45-235(4)(b) in
Schedule 1
Repeal the paragraph, substitute:
(b) finishes at the end of the day on which your assessed tax for the
income year is due to be paid.
106 Section 45-420 in Schedule 1 (link
note)
Repeal the link note.
107 Subsection 250-10(2) in Schedule 1
(table items 95 and 110)
Repeal the items.
108 Subsection 250-10(2) in Schedule 1
(table item 140)
Repeal the item, substitute:
|
140 |
administrative penalties |
Divisions 284, 286 and 288 in Schedule 1 |
Taxation Administration Act 1953 |
109 At the end of section 255-10 in
Schedule 1
Add:
(3) A deferral under subsection (1) does not defer the time for
giving an *approved form to the
Commissioner.
Note: Section 388-55 allows the Commissioner to defer
the time for giving an approved form.
110 Division 288 in Schedule 1
(heading)
Repeal the heading, substitute:
111 Section 288-5 in
Schedule 1
Repeal the section.
112 Paragraph 288-10(b) in
Schedule 1
Omit “288-5”, substitute “388-80”.
113 Section 288-15 in
Schedule 1
Repeal the section.
114 Paragraph 288-20(b) in
Schedule 1
Repeal the paragraph, substitute:
(b) under section 8AAZMA, or subsection 16-85(1) in this Schedule, is
required to pay an amount electronically;
115 After section 288-20 in
Schedule 1
Insert:
(1) You are liable to an administrative penalty of 20 penalty units
if:
(a) a provision of a *taxation law
requires you to keep or retain a record; and
(b) you do not keep or retain that record in the manner required by that
law.
(2) Subsection (1) does not apply to:
(a) documents required to be retained under Part X of the Fringe
Benefits Tax Assessment Act 1986 (about statutory evidentiary documents);
or
(b) documents required to be kept or retained under Division 900 of
the Income Tax Assessment Act 1997 (about substantiation of
expenses).
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
You are liable to an administrative penalty of 20 penalty units
if:
(a) a provision of a *taxation law
requires you to retain or produce a declaration you made about an agent giving
an *approved form to the Commissioner on your
behalf; and
(b) you do not retain or produce that declaration in the manner required
by that law.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
You are liable to an administrative penalty of 20 penalty units
if:
(a) a provision of a *taxation law
confers a power on an officer authorised under that law:
(i) to enter or remain on land, premises or a place that you occupy;
or
(ii) to have access to documents, goods or other property in your
possession; or
(iii) to inspect, copy or take extracts from documents in your possession;
or
(iv) to inspect, examine, count, measure, weigh, gauge, test or analyse
any goods or other property in your possession and, to that end, take samples;
and
(b) you refuse to provide the officer with all reasonable facilities for
the officer effectively to exercise that power in accordance with that
law.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
116 Section 298-5 in
Schedule 1
Repeal the section, substitute:
This Division applies if an administrative penalty is imposed on an
entity by another Division in this Part.
117 At the end of Division 298 in
Schedule 1
Add:
(1) The Commissioner must make an assessment of the amount of an
administrative penalty under Division 284.
(2) An entity that is dissatisfied with such an assessment made about the
entity may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.
(3) The production of a notice of such an assessment, or of a copy of it
certified by or on behalf of the Commissioner, is conclusive evidence of the
making of the assessment and of the particulars in it.
(4) Subsection (3) does not apply to proceedings under Part IVC
of the Taxation Administration Act 1953 on a review or appeal relating to
the assessment.
118 Subsection 353-10(2) in
Schedule 1
After “oath” (wherever occurring), insert “or
affirmation”.
119 Section 360-180 in Schedule 1
(link note)
Omit “400”, substitute “388”.
120 Section 420-5 in Schedule 1 (note
2)
Omit “civil”, substitute
“administrative”.
Note: The heading to section 420-5 in Schedule 1
is altered by omitting “civil” and substituting
“administrative”.
Taxation (Interest on
Overpayments and Early Payments) Act 1983
121 Section 13
Repeal the section, substitute:
Note: For rules about allocation of credits arising under
this Act, see Division 3 of Part IIB of the Taxation Administration
Act 1953.
Tobacco Charges Assessment
Act 1955
122 Before section 29
Insert:
This Part does not apply to a return, or information, relating to the
year starting on 1 July 2000 or a later year.
Note: See instead Division 284 in Schedule 1 to
the Taxation Administration Act 1953.
123 Subsection 41(3)
(penalty)
Repeal the penalty, substitute:
Penalty for a contravention of this subsection: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Termination Payments Tax
(Assessment and Collection) Act 1997
124 Subsection 26(3)
(penalty)
Omit “10 penalty units”, substitute “30 penalty
units”.
Wool Tax (Administration)
Act 1964
125 Before section 61
Insert:
This Part does not apply to a return, or information, relating to the
year starting on 1 July 2000 or a later year.
Note: See instead Division 284 in Schedule 1 to
the Taxation Administration Act 1953.
126 Subsection 89(1)
(penalty)
Omit “$2,000”, substitute “30 penalty
units”.
127 At the end of subsection
89(1)
Add:
Note 1: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
Note 2: There is an administrative penalty if you do not
keep or retain records as required by this section: see section 288-25 in
Schedule 1 to the Taxation Administration Act 1953.
128 Subsection 90(3)
(penalty)
Repeal the penalty, substitute:
Penalty for a contravention of this subsection: 30 penalty units.
Note: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
129 Transitional—existing
RBAs
Although the A New Tax System (Pay As You Go) Act 1999 repealed
subsection 8AAZL(3) of the Taxation Administration Act 1953, special
priority credits referred to in that subsection are to continue to be applied in
accordance with that subsection.
Part 2—Amendments
applying to returns etc. for the 2000-01 year and later
years
Income Tax Assessment Act
1936
130 Section 160ARG
Repeal the section, substitute:
A return under this Part must be in the approved form.
131 Subsection 161(1)
Omit “or such further period as the Commissioner
allows”.
132 At the end of subsection
161(1)
Add:
Note: The Commissioner may defer the time for giving the
return: see section 388-55 in Schedule 1 to the Taxation
Administration Act 1953.
133 Subsection 161A(1)
Repeal the subsection, substitute:
(1) The return must be in the approved form.
134 Section 161B
Repeal the section.
135 Section 161C
Repeal the section.
136 Section 161D
Repeal the section.
137 Section 161E
Repeal the section.
138 Section 162
Repeal the section, substitute:
A person must, if required by the Commissioner, whether before or after
the end of the year of income, give the Commissioner, within the time required
and in the approved form:
(a) a return or a further or fuller return for a year of income or a
specified period, whether or not the person has given the Commissioner a return
for the same period; or
(b) any information, statement or document about the person’s
financial affairs.
139 Section 163
Omit “in the manner”, substitute “in the approved
form”.
140 Section 165
Repeal the section.
141 Section 264B
Repeal the section.
142 Section 264C
Repeal the section.
Taxation Administration
Act 1953
143 Before Part 5-30 in
Schedule 1
Insert:
Table of Subdivisions
388-A Object of Division
388-B General provisions
The object of this Division is to set out requirements to ensure the
integrity and efficiency of giving material to the Commissioner.
Table of sections
388-50 Approved forms
388-55 Commissioner may defer time for
lodgment
388-60 Declaration by entity
388-65 Declaration by entity where agent gives
document
388-70 Declaration by agent
388-75 Signing declarations
388-80 Electronic notification of BAS
amounts
388-85 Truncating amounts
(1) A return, notice, statement, application or other document under a
*taxation law is in the approved
form if, and only if:
(a) it is in the form approved in writing by the Commissioner for that
kind of return, notice, statement, application or other document; and
(b) it contains a declaration signed by a person or persons as the form
requires (see section 388-75); and
(c) it contains the information that the form requires, and any further
information, statement or document as the Commissioner requires, whether in the
form or otherwise; and
(d) for a return, notice, statement, application or document that is
required to be given to the Commissioner—it is given in the manner that
the Commissioner requires (which may include
*electronically).
(2) The Commissioner may combine in the same
*approved form more than one return, notice,
statement, application or other document.
(3) The Commissioner may approve a different
*approved form for different
entities.
Example: The Commissioner may require high wealth
individuals to lodge a different income tax return to that required to be lodged
by an individual whose only income is a salary.
(1) The Commissioner may defer the time within which an
*approved form is required to be given to the
Commissioner or to another entity.
(2) A deferral under subsection (1) does not defer the time for
payment of any amount to the Commissioner.
Note: Section 255-10 allows the Commissioner to defer
the time for payment of an amount of a tax-related liability.
If you give a return, notice, statement, application or other document to
the Commissioner in the *approved form, you
must make a declaration in the approved form that any information in the
document is true and correct.
(1) If a return, notice, statement, application or other document of yours
is to be given to the Commissioner in the
*approved form by an agent on your behalf, you
must make a declaration in writing:
(a) stating that you have authorised the agent to give the document to the
Commissioner; and
(b) declaring that any information you provided to the agent for the
preparation of the document is true and correct.
(2) You must give the declaration to the agent.
(3) You must retain the declaration or a copy of it for:
(a) if you are not a *SPOR
taxpayer—5 years after it is made; or
(b) if you are a SPOR taxpayer—2 years after it is made.
(4) You must produce the declaration or copy if requested to do so within
that period by the Commissioner.
(5) The agent must not give the document to the Commissioner before you
make the declaration.
(6) You must sign the declaration.
If an agent gives a return, notice, statement, application or other
document to the Commissioner in the *approved
form on behalf of another entity, the agent must, if the document so requires,
make a declaration in the approved form stating that:
(a) the document has been prepared in accordance with the information
supplied by the other entity; and
(b) the agent has received a declaration from the other entity stating
that the information provided to the agent is true and correct; and
(c) the agent is authorised by the other entity to give the document to
the Commissioner.
(1) You must sign a declaration in a return, notice, statement,
application or other document you give to the Commissioner in paper
form.
(2) If your agent gives a return, notice, statement, application or other
document to the Commissioner on your behalf in paper form, the document must
contain:
(a) a declaration signed by you; and
(b) if the document so requires—an agent’s declaration signed
by your agent.
(3) Any return, notice, statement, application or other document of yours
that is *lodged electronically:
(a) if you give it to the Commissioner—must contain your declaration
(see section 388-60) with your *electronic
signature; or
(b) if your agent gives it to the Commissioner—must contain the
agent’s declaration (see section 388-70) with the agent’s
electronic signature.
(4) Any return, notice, statement, application or other document of yours
that is given by telephone:
(a) if you give it—must contain your
*telephone signature; or
(b) if your agent gives it—must contain your agent’s telephone
signature.
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 section 31-10 of that Act or a deferral under
section 388-55).
If an *approved form that you are
required to give the Commissioner specifies that amounts set out in the form are
to be expressed in whole dollars, you truncate the amounts to the nearest whole
dollar.
Example: Stefan Pty Ltd calculates that its PAYG instalment
for a quarter is $8,496.73. Because the approved form requires amounts to be
truncated, the amount would be reported in its BAS as $8,496.
144 Application of
amendments
(1) Subject to this item, the amendments made by this Part apply
to:
(a) for income tax—returns, statements, notices and other documents
given for the 2000-01 income year and later years; and
(b) for fringe benefits tax—returns, statements, notices and other
documents for the year of tax starting on 1 April 2000 and later years;
and
(c) for other taxes—returns, statements, notices and other documents
for the period starting on 1 July 2000 and later periods.
(2) Section 388-85 in Schedule 1 to the Taxation
Administration Act 1953 applies to approved forms required to be given to
the Commissioner on or after 1 July 2000.
Part 3—Amendments
applying to tax payable for the 2000-01 year and later
years
Income Tax Assessment Act
1936
145 Subsection 204(1)
Repeal the subsection, substitute:
(1) Subject to the provisions of this Part, the tax payable by a taxpayer
other than a full self-assessment taxpayer for a year of income becomes due and
payable:
(a) if the taxpayer’s return of income is lodged on or before the
due date for lodgment—on the later of:
(i) 21 days after the due date for lodgment of that return specified in
the Gazette under section 161 for the year of income; or
(ii) 21 days after a notice of assessment is given to the taxpayer;
or
(b) in any other case—21 days after that due date for
lodgment.
Note 1: The Commissioner may defer the time at which the tax
is, or would become, due and payable: see section 255-10 in Schedule 1
to the Taxation Administration Act 1953.
Note 2 The Commissioner may defer the due date for lodgment:
see section 388-55 in that Schedule.
146 Subsection 204(2)
Repeal the subsection.
147 Application of
amendments
The amendments made by this Part apply to income tax payable for the
2000-01 year of income and later years.
Part 4—FBT
amendments commencing on 1 April 2001
Fringe Benefits Tax
Assessment Act 1986
148 Section 70
Repeal the section, substitute:
A return under section 68 or 69 must:
(a) be in the approved form; and
(b) specify:
(i) the fringe benefits taxable amount of the employer of the year of tax
concerned; and
(ii) the amount of tax payable on that amount.
149 Section 70A
Repeal the section.
150 Section 70B
Repeal the section.
151 Section 71
Repeal the section.
152 Subsections 74(6A) and
(6B)
Repeal the subsections, substitute:
(6A) An application for amendment must be in the approved form.
153 Section 124B
Repeal the section.
154 Section 124C
Repeal the section.
155 Subsection 136(1)
Insert:
approved form has the meaning given by section 388-50 in
Schedule 1 to the Taxation Administration Act 1953.
156 Subsection 136(1) (definition of
electronic signature)
Repeal the definition, substitute:
electronic signature has the meaning given by subsection
995-1(1) of the Income Tax Assessment Act 1997.
157 Application of
amendments
The amendments made by this Part apply to returns for the year of tax
starting on 1 April 2001 and later years.
Taxation Administration
Act 1953
1 At the end of paragraph 12-60(1)(b) in
Schedule 1
Add “, or directly for a client of another entity”.
2 Paragraph 12-190(2)(a) in
Schedule 1
Omit “supply”, substitute
“*supply”.
3 After subsection 12-190(2) in
Schedule 1
Insert:
(2A) The payer need not withhold an amount under this section if the other
entity has made the *supply, or proposes to
make the supply, through an agent and, when the payment is made:
(a) the agent has given the payer an
*invoice that relates to the supply and
*quotes the agent’s
*ABN; or
(b) the payer has some other document relating to the supply on which the
agent’s ABN is *quoted.
4 Subsection 12-190(3) in
Schedule 1
Omit “also”.
5 Paragraph 12-190(3)(a) in
Schedule 1
Omit “supply”, substitute
“*supply”.
6 After subsection 12-190(3) in
Schedule 1
Insert:
(3A) The payer need not withhold an amount under this section if the other
entity has made the *supply, or proposes to
make the supply, through an agent and, when the payment is made:
(a) the agent has given the payer an
*invoice that relates to the supply and
purports to *quote the agent’s
*ABN, or the payer has some other document that
relates to the supply and purports to *quote
the agent’s ABN; and
(b) the agent does not have an ABN, or the invoice or other document does
not in fact quote the agent’s ABN; and
(c) the payer has no reasonable grounds to believe that the agent does not
have an ABN, or that the invoice or other document does not quote the
agent’s ABN.
7 Paragraph 12-190(4)(a) in
Schedule 1
Repeal the paragraph, substitute:
(a) the payment is made otherwise than in the course or furtherance of an
*enterprise
*carried on in Australia by the payer;
or
8 Paragraph 12-190(4)(b) in
Schedule 1
After “the payment”, insert “(disregarding so much of it
as relates to *GST payable on the
*supply) or, if the payer has also made, or
proposes to make, one or more other payments to the other entity for the supply,
the total of all the payments (disregarding so much of them as relates to
*GST payable on the supply)”.
9 Subparagraph 12-190(6)(a)(i) in
Schedule 1
Omit “supply”, substitute
“*supply”.
10 Subsection 15-25(1) in
Schedule 1
Omit “11-1(b) and (c)”, substitute “11-1(b), (c), (da)
and (db)”.
11 Paragraph 16-155(1)(a) in
Schedule 1
After “12-85,”, insert “12-190,”.
12 Paragraph 16-160(1)(a) in
Schedule 1
After “12-85,”, insert “12-190,”.
13 After section 16-165 in
Schedule 1
Insert:
(1) An entity (the payer) that makes a
*withholding payment covered by
section 12-190 (about payments to recipients who do not quote their ABN) to
another entity (the recipient) must give the recipient a
*payment summary (and a copy of it) that covers
that payment, unless the *amount required to be
withheld from the payment is nil.
(2) The summary must cover only that payment.
(3) The payer must give the summary to the recipient when making the
payment, or as soon as practicable afterwards.
14 Subsection 16-170(3) in
Schedule 1
Omit “or 16-165”, substitute “, 16-165 or
16-167”.
15 Section 16-175 in
Schedule 1
Omit “or 16-165”, substitute “, 16-165 or
16-167”.
16 After section 16-175 in
Schedule 1
Insert in Subdivision 16-C:
(1) The Commissioner may, having regard to the circumstances of a
particular case or class of cases, exempt an entity from specified requirements
of any of sections 16-155 to 16-167. If the Commissioner does so, the
exemption has effect accordingly.
(2) An exemption 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.
A New Tax System (Tax
Administration) Act 1999
17 Items 26 and 27 of
Schedule 18
Repeal the items.
Note: See instead items 8 and 9 of Schedule 5 to
this Act.
18 Application
The items in Schedule 18 to the A New Tax System (Tax
Administration) Act 1999 that are repealed by item 17 of this Schedule
are taken never to have had any effect.
1 Subsection 443BA(2) (at the end of the
definition of remittance provision)
Add:
; and any of the provisions of Subdivision 16-B in Schedule 1 to
the Taxation Administration Act 1953.
2 Subsection 459E(5)
Before “even if”, insert “and any of the provisions of
Subdivision 16-B in Schedule 1 to the Taxation Administration Act
1953,”.
3 Subsection 588F(2) (at the end of the
definition of remittance provision)
Add:
; or any of the provisions of Subdivision 16-B in Schedule 1 to
the Taxation Administration Act 1953.
4 At the end of subsection
588FGA(1)
Add:
; or under a provision of Subdivision 16-B in Schedule 1 to the
Taxation Administration Act 1953.
1 Subsection 995-1(1) (definition of approved
form)
Repeal the definition, substitute:
approved form has the meaning given by section 388-50 in
Schedule 1 to the Taxation Administration Act 1953.
2 Subsection 995-1(1)
Insert:
base penalty amount: the base penalty amount for calculating
the amount of an administrative penalty is worked out under the relevant
provision in this table:
|
Base penalty amount |
||
|---|---|---|
|
Item |
For a penalty for this: |
See: |
|
1 |
False or misleading statement Position not reasonably arguable |
Section 284-90 in Schedule 1 to the Taxation Administration
Act 1953 |
|
2 |
*Schemes |
Section 284-160 in that Schedule |
|
3 |
Failure to lodge returns etc. |
Section 286-80 in that Schedule |
3 Subsection 995-1(1)
Insert:
current annual turnover has the meaning given by
section 195-1 of the *GST Act.
4 Subsection 995-1(1) (definition of
electronic signature)
Repeal the definition, substitute:
electronic signature of an entity means a unique
identification of the entity in electronic form that is approved by the
Commissioner.
5 Subsection 995-1(1)
Insert:
fringe benefits taxable amount has the meaning given by
section 5B of the Fringe Benefits Tax Assessment Act 1986.
6 Subsection 995-1(1)
Insert:
government entity has the meaning given by section 41 of
the A New Tax System (Australian Business Number) Act 1999.
7 Subsection 995-1(1)
Insert:
non-profit sub-entity has the meaning given by
section 195-1 of the *GST Act.
8 Subsection 995-1(1) (definition of PAYE
earner)
Repeal the definition.
9 Subsection 995-1(1) (definition of PAYE
earnings)
Repeal the definition.
10 Subsection 995-1(1)
Insert:
reasonably arguable has the meaning given by
section 284-15 in Schedule 1 to the Taxation Administration Act
1953.
11 Subsection 995-1(1)
Insert:
scheme benefit has the meaning given by section 284-150
in Schedule 1 to the Taxation Administration Act 1953.
12 Subsection 995-1(1)
Insert:
scheme shortfall amount has the meaning given by
section 284-150 in Schedule 1 to the Taxation Administration Act
1953.
13 Subsection 995-1(1)
Insert:
shortfall amount has the meaning give by section 284-80
in Schedule 1 to the Taxation Administration Act 1953.
14 Subsection 995-1(1) (definition of tax
audit)
Repeal the definition, substitute:
tax audit means an examination by the Commissioner of an
entity’s financial affairs for the purposes of a
*taxation law.
15 Subsection 995-1(1)
Insert:
taxable importation has the meaning given by
section 195-1 of the *GST Act.
16 Subsection 995-1(1)
Insert:
telephone signature of an entity is a unique identification
of the entity that can be given by telephone and that is approved by the
Commissioner.