Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-18 - AUSTRALIAN IIR/UTPR TAX AND AUSTRALIAN DMT TAX  

Division 128 - Extended application of tax laws relating to Australian IIR/UTPR tax and Australian DMT tax  

Subdivision 128-B - Extended application to certain types of entity  

SECTION 128-20   PARTNERSHIPS  

Application

128-20(1)    
This section applies in relation to a * GloBE partnership that is not :

(a)    a * GloBE Joint Venture of an * Applicable MNE Group; or

(b)    a * GloBE JV Subsidiary of a GloBE Joint Venture of an Applicable MNE Group.

Obligations

128-20(2)    
Subject to subsection (3) , if an obligation is imposed under the * Minimum Tax law on the * GloBE partnership, the obligation is imposed on each partner of the GloBE partnership, but may be discharged by any such partner.

Liabilities to pay an amount

128-20(3)    
If an amount is payable under the * Minimum Tax law by the * GloBE partnership, the partners of the GloBE partnership are jointly and severally liable to pay the amount.

Offences

128-20(4)    
Any offence against the * Minimum Tax law that is committed by the * GloBE partnership is taken to have been committed by each partner of the GloBE partnership.

128-20(5)    
In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (4) , it is a defence if the entity proves that the entity:

(a)    did not aid, abet, counsel or procure the relevant act or omission; and

(b)    was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).

Note 1:

The defence in subsection (5) does not apply in relation to offences under Part 2.4 of the Criminal Code .

Note 2:

A defendant bears a legal burden in relation to the matters in subsection (5) : see section 13.4 of the Criminal Code .

Meaning of GloBE partnership

128-20(6)    
A GloBE partnership is a partnership (within the meaning of paragraph 13(1)(b) of the * Minimum Tax Act).

128-20(7)    
To avoid doubt, section 94K of the Income Tax Assessment Act 1936 (about corporate limited partnerships) does not apply in relation to this section.