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 5
-
Administration
History
Ch 5 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 44, effective 1 July 2006.
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS RELATING TO TAXPAYERS
History
Pt 5-25 heading substituted by No 162 of 2015, s 3 and Sch 4 item 16, effective 30 November 2015. The heading formerly read:
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS OF TAXPAYERS
Pt 5-25 inserted by No 91 of 2000.
Division 389
-
Reporting by employers
History
Div 389 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. No 55 of 2016, s 3 and Sch 23 items 22 to 24 contain the following application provisions:
Division 3
-
Application
22 Application
-
required reporting
(1)
The amendments apply in relation to an amount that an entity is required to notify to the Commissioner if the requirement to notify arises on or after the following day (the
application day
):
(a)
the day determined under item 24;
(b)
if no such day is determined:
(i)
if the entity was a substantial employer immediately before 1 July 2018
-
1 July 2018; or
(ii)
otherwise
-
the first 1 July after which the entity first becomes a substantial employer after 1 July 2018.
(2)
Despite subitem (1), the entity is not liable to a penalty under subsection
286-75(1)
in Schedule
1
to the
Taxation Administration Act 1953
in relation to a failure to notify the Commissioner under section
389-5
in that Schedule if:
(a)
the failure relates to an amount referred to in item 1 or 2 of the table in section
389-5
in that Schedule; and
(b)
the failure occurs during the 12 month period following the entity
'
s application day; and
(c)
the Commissioner has not, during that period but before that failure, given to the entity a written notice that:
(i)
related to an earlier failure by the entity to notify the Commissioner under section
389-5
in that Schedule; and
(ii)
advised the entity that a further failure to comply with that section may result in the entity being liable to an administrative penalty.
23 Application
-
voluntary reporting
23
The amendments apply in relation to an amount that an entity may notify to the Commissioner if the entitlement to notify arises on or after the following day (the application day):
(a)
the day determined under item 24;
(b)
if no such day is determined
-
1 July 2018.
24 Determining the application day
24
The Commissioner may, by legislative instrument, determine a day that is later than 1 July 2018 to be the application day.
Guide to Division 389
SECTION 389-10
EXEMPTIONS
Exempting classes of entities
389-10(1)
The Commissioner may, by legislative instrument, exempt a class of entities from section
389-5
for one or more income years.
389-10(2)
The exemption may be limited to the extent specified in the instrument.
Exempting particular entities
389-10(3)
The Commissioner may, on application by an entity (an
exemption application
) or on the Commissioner
'
s own initiative, exempt the entity from section
389-5
for one or more income years.
389-10(4)
The exemption may be limited to the extent specified in the notice under paragraph (5)(a).
389-10(5)
The Commissioner must notify the entity in writing if:
(a)
the Commissioner exempts the entity under subsection (3); or
(b)
refuses an exemption application by the entity.
389-10(6)
The Commissioner is taken to have refused an exemption application if the Commissioner fails to notify the entity in writing of the Commissioner
'
s decision on the application within 60 days after the application is made.
389-10(7)
The entity may object, in the manner set out in Part
IVC
, against:
(a)
a decision of the Commissioner to refuse an exemption application; or
(b)
a decision of the Commissioner to limit the extent of an exemption under subsection (4).
History
S 389-10 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. For application provisions, see note under Div
389
heading.