Tax Laws Amendment (2013 Measures No. 2) Act 2013 (124 of 2013)

Schedule 1   Monthly PAYG instalments

Part 3   Application and transitional provisions

48   Additional MPR test days

(1) This item applies if:

(a) (apart from this item) there is a time in an income year when you are not a monthly payer; and

(b) either:

(i) if you are a corporate tax entity at the time - the income year includes 1 January 2014, 1 January 2015 or 1 January 2016; or

(ii) if you are not a corporate tax entity at the time - the income year includes 1 January 2016 or 1 January 2017.

Note: This item may have a separate application for each of a number of income years.

(2) In determining whether you satisfy the requirement in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 for the income year, treat your MPR test day for that income year as being:

(a) in a case where subparagraph (1)(b)(i) applies:

(i) if the income year includes 1 January 2014 - 1 October 2013; or

(ii) if the income year includes 1 January 2015 - 1 October 2014; or

(iii) if the income year includes 1 January 2016 - 1 October 2015; or

(b) in a case where subparagraph (1)(b)(ii) applies:

(i) if the income year includes 1 January 2016 - 1 October 2015; or

(ii) if the income year includes 1 January 2017 - 1 October 2016.

(3) If you are a monthly payer at a time in an income year because of subitem (2), treat the starting instalment month in the income year as being:

(a) unless paragraph (b) applies - the first instalment month that starts on or after the following day (the application day ):

(i) if subparagraph (2)(a)(i) applies - 1 January 2014;

(ii) if subparagraph (2)(a)(ii) applies - 1 January 2015;

(iii) if subparagraph (2)(a)(iii) applies - 1 January 2016;

(iv) if subparagraph (2)(b)(i) applies - 1 January 2016;

(v) if subparagraph (2)(b)(ii) applies - 1 January 2017; or

(b) if:

(i) apart from subitem (2), you are a quarterly payer; and

(ii) the application day is not the first day of an instalment quarter;

the first instalment month that starts on or after the start of the next instalment quarter.

(4) If you would (apart from subitem (2)) be an annual payer and you would (apart from this subitem) become a monthly payer at a time in the income year under paragraph (3)(a):

(a) you are taken not to satisfy the requirement in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 for the income year because of the operation of subitem (2); and

(b) instead, you are taken to satisfy that requirement for the next income year.

Note: In this case, you become a monthly payer in that next income year at the time specified in subsection 45-136(3) in Schedule 1 to the Taxation Administration Act 1953.