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 396
-
Third party reporting
History
Div 396 heading substituted by No 162 of 2015, s 3 and Sch 4 item 17, effective 30 November 2015. The heading formerly read:
Division 396
-
FATCA
Div 396 inserted by No 67 of 2014, s 3 and Sch 1 item 2, effective 30 June 2014. No 67 of 2014, s 3 and Sch 1 item 3 contains the following application provision:
3 Application
Application rules
(1)
Subject to subitem (2), the amendments made by this Schedule apply in relation to a U.S. Reportable Account that is maintained by a Reporting Australian Financial Institution on or after 1 July 2014.
(2)
The following provisions apply in relation to a payment that is made by a Reporting Australian Financial Institution on or after 1 July 2014:
(a)
section 396-10 in Schedule 1 to the
Taxation Administration Act 1953
(as inserted by this Schedule);
(b)
any other provision inserted in that Schedule by this Schedule, to the extent that the provision relates to the section mentioned in paragraph (a).
Permissions and elections
(3)
For the purpose of subitems (1) and (2), subsections
396-20(2)
and
(3)
in Schedule
1
to the
Taxation Administration Act 1953
(as inserted by this Schedule) apply in determining the meaning of a term used in those subitems.
Subdivision 396-B
-
Information about transactions that could have tax consequences for taxpayers
History
Subdiv 396-B inserted by No 162 of 2015, s 3 and Sch 4 item 1, effective 30 November 2015. No 162 of 2015, s 3 and Sch 4 item 27 contains the following application provision:
27 Application of amendments
27(1)
Subdivision
396-B
in Schedule
1
to the
Taxation Administration Act 1953
applies in relation to transactions entered into on or after:
(a)
if table item 3 or 4 in section
396-55
in that Schedule describes the transaction
-
1 July 2016; or
(b)
otherwise
-
1 July 2017.
27(2)
However, subparagraphs
396-55(a)(ii)
and (b)(ii) in Schedule
1
to the
Taxation Administration Act 1953
apply in relation to transactions entered into on or after:
(a)
if table item 3 or 4 in section
396-55
in that Schedule describes the transaction
-
1 July 2016; or
(b)
otherwise
-
1 July 2020.
Operative provisions
SECTION 396-70
EXEMPTIONS
-
OTHER CASES
Exemptions for particular entities
396-70(1)
The Commissioner may, in writing, notify an entity that it:
(a)
is not required to prepare and give reports under section
396-55
; or
(b)
is not required to do so for specified classes of transactions.
396-70(2)
An entity dissatisfied with a decision to:
(a)
give it a notice under subsection (1); or
(b)
not give it a notice under subsection (1);
may object against the decision in the manner set out in Part
IVC
.
396-70(3)
A notice under subsection (1) is not a legislative instrument.
General exemptions
396-70(4)
The Commissioner may, by legislative instrument, determine that specified classes of entities:
(a)
are not required to prepare and give reports under section
396-55
; or
(b)
are not required to do so for specified classes of transactions.
History
S 396-70 inserted by No 162 of 2015, s 3 and Sch 4 item 1, effective 30 November 2015. For application provision, see note under Subdiv
396-B
heading.