INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 1AA - Reportable payments system (RPS)  

Subdivision G - Payer to send tax file number declaration form or pensioner exemption declaration form to Commissioner  

SECTION 220AQ   OBLIGATIONS OF PAYER - TAX FILE NUMBER DECLARATION FORM OR PENSIONER EXEMPTION DECLARATION FORM  

220AQ(1)   Form to be sent to Commissioner - prior dealings with payee.  

If:

(a) a tax file number declaration form or pensioner exemption declaration form is given by a person (the ``first person'' ) to another person (the ``second person'' ); and

(b) at any time during the period of 12 months ending at the time of receipt by the second person of the form, there was in existence an arrangement that gave rise, or was capable of giving rise, to the making of a reportable payment by the second person to the first person on or before 30 June 2000 (whether on fulfilment of a condition or otherwise);

the second person must:

(c) complete the part of the form required to be completed by the second person; and

(d) sign the form; and

(e) make a copy of the form; and

(f) send the form to the Commissioner in sufficient time for it to be received by the Commissioner in the ordinary course of events within:

(i) 14 days after receipt by the second person of the form; or

(ii) such longer period as the Commissioner allows.

Note 1:

The first person would normally be a payee and the second person would normally be a payer.

Note 2:

Section 220AC defines ``arrangement'' .

220AQ(2)   Form to be sent to Commissioner - no prior dealings with payee.  

If:

(a) a tax file number declaration form or pensioner exemption declaration form is given by a person (the ``first person'' ) to another person (the ``second person'' ); and

(b) at no time during the period of 12 months ending at the time of receipt by the second person of the form was there in existence an arrangement that gave rise, or was capable of giving rise, to the making of a reportable payment by the second person to the first person (whether on fulfilment of a condition or otherwise); and

(c) during the period of 28 days after the receipt by the second person of the form, and on or before 30 June 2000, the second person made one or more reportable payments to the first person;

the second person must:

(d) complete the part of the form required to be completed by the second person; and

(e) sign the form; and

(f) make a copy of the form; and

(g) send the form to the Commissioner in sufficient time for it to be received by the Commissioner in the ordinary course of events within:

(i) 14 days after the earliest time when any of the payments mentioned in paragraph (c) were made; or

(ii) such longer period as the Commissioner allows.

Note:

Section 220AC defines ``arrangement'' .

220AQ(3)   Retention of copy of form.  

A person who makes a copy of a form under paragraph (1)(e) or (2)(f) must retain that copy until the second 1 July after the day on which the declaration concerned ceases to be in force.

Penalty: 10 penalty units.