SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 2
-
Collection, recovery and administration of income tax
History
Ch 2 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 40, effective 1 July 2006.
PART 2-5
-
PAY AS YOU GO (PAYG) WITHHOLDING
Division 18
-
Recipient
'
s entitlements and obligations
Subdivision 18-A
-
Crediting withheld amounts
Commissioner
'
s Remedial Power
Note:
A Commissioner
'
s Remedial Power (CRP 2017/1) is relevant to this part of the tax law. Taxation Administration (Remedial Power
-
Foreign Resident Capital Gains Withholding) Determination 2017 (F2017L00992) modifies the operation of s
18-15
,
18-20
and
18-25
in Sch
1
to the
Taxation Administration Act 1953
as follows:
To the extent that an entity
'
s entitlement to a credit referred to in s
18-15
,
18-20
or
18-25
in Sch
1
to TAA is in respect of an amount paid to the Commissioner under Subdiv
14-D
of Sch
1
to TAA, treat the entitlement as arising in the income year in which the transaction causing that application of Subdiv
14-D
is recognised for income tax purposes for the entity. The modification applies in respect of transactions entered into on or after 1 July 2016.
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s
370-5
of Sch
1
to TAA to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
Entitlement to credits: income tax liability
SECTION 18-10
APPLICATION OF SECTIONS 18-15, 18-20 AND 18-25
18-10(1)
The rules set out in sections
18-15
,
18-20
and
18-25
do not apply to an *amount withheld from a *withholding payment that is covered by:
(a)
Subdivision
12-F
(Dividend, interest and royalty payments); or
(b)
Subdivision
12-FA
(Departing Australia superannuation payments); or
(c)
Subdivision
12-FC
(Labour Mobility Programs); or
(d)
section
12-320
(Mining payments); or
(e)
Subdivision
12-H
(Distributions of withholding MIT income); or
(f)
Division
13
(Alienated personal services payments); or
(g)
Subdivision
14-E
(GST payable on taxable supplies of certain real property).
History
S 18-10(1) amended by No 75 of 2022, s 3 and Sch 4 item 30, by substituting
"
(Labour Mobility Programs)
"
for
"
(Seasonal Labour Mobility Program)
"
in para (c), applicable in relation to salary, wages, commission, bonuses and allowances paid on or after 1 July 2022.
S 18-10(1) substituted by No 23 of 2018, s 3 and Sch 5 item 23, effective 1 April 2018. For application provisions, see note under Subdiv
14-E
heading. S 18-10(1) formerly read:
18-10(1)
The rules set out in sections 18-15, 18-20 and 18-25 do
not
apply to an *amount withheld from a *withholding payment that is covered by Subdivision 12-F (about dividend, interest or royalties), Subdivision 12-FA (about departing Australia superannuation payments), Subdivision 12-FC (Seasonal Labour Mobility Program), section 12-320 (about mining payments), Subdivision 12-H (about distributions of withholding MIT income) or Division 13 (about alienated personal services payments).
S 18-10(1) amended by No 53 of 2016, s 3 and Sch 6 item 63, by substituting
"
withholding MIT
"
for
"
managed investment trust
"
, effective 5 May 2016. For application provision, see note under Division
12A
heading.
S 18-10(1) amended by No 58 of 2012, s 3 and Sch 1 item 18, by inserting
"
Subdivision 12-FC (Seasonal Labour Mobility Program),
"
, effective 21 June 2012.
S 18-10(1) amended by
No 32 of 2008
, s 3 and Sch 1 item 40, by inserting
"
, Subdivision 12-H (about distributions of managed investment trust income)
"
, applicable to fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008 and later income years.
18-10(2)
If an entity withholds an amount from a *withholding payment as required by section
12-317
, apply sections
18-15
,
18-20
and
18-25
in relation to the payment as if the payment had been made to the likely foreign recipient mentioned in section
12-317
(instead of to the intermediary mentioned in that section).
History
S 18-10(2) inserted by No 66 of 2003.
18-10(3)
If an entity withholds an amount from a *withholding payment as required by section
12-325
(natural resource payments), apply sections
18-15
,
18-20
and
18-25
to the payment as if the entity had withheld only so much of that amount as was withheld in respect of tax.
Note:
Section
18-55
provides a credit for amounts withheld in respect of petroleum resource rent tax.
History
S 18-10(3) amended by No 96 of 2014, s 3 and Sch 1 item 62, by substituting the note for notes 1 and 2, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading. The notes formerly read:
Note 1:
Section
18-49
provides a credit for amounts withheld in respect of MRRT.
Note 2:
Section
18-55
provides a credit for amounts withheld in respect of petroleum resource rent tax.
S 18-10(3) amended by No 88 of 2013, s 3 and Sch 7 item 174, by substituting notes 1 and 2 for the note, effective 1 July 2012. The note formerly read:
Note:
Section 18-49 provides a credit for amounts withheld in respect of MRRT.
S 18-10(3) inserted by No 14 of 2012, s 3 and Sch 1 item 6, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
History
S 18-10 amended by No 15 of 2002 and No 86 of 2000.
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