Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 15 - Working out the amount to withhold  

Subdivision 15-C - Declarations  

SECTION 15-50   DECLARATIONS  

Declarations about matters

15-50(1)    
An individual who:

(a) expects to receive a *withholding payment covered by Subdivision 12-B , 12-C or 12-D , or an *alienated personal services payment to which Division 13 applies, from an entity; and

(b) wishes to have a matter relating to the individual ' s income tax or other liability referred to in paragraph 11-1(b), (ca), (caa), (cb), (cc), (cd), (da) or (db) taken into account by the entity in working out the *amount required to be withheld from the payment;

may give the entity a declaration about the matter in the *approved form.

When declarations under subsection (1) can ' t be given

15-50(2)    
The individual cannot give a declaration under subsection (1) unless:

(a) a *TFN declaration is in effect between the individual and the entity, or a *voluntary agreement covers the payment; and

(b) if the individual has given another entity a declaration on any matter - that declaration is not in effect.

Declarations changing information given in TFN declaration

15-50(3)    
If:

(a) an individual has given a *TFN declaration to an entity; and

(b) the individual made a statement about a matter in the TFN declaration; and

(c) the individual ' s circumstances change in relation to the matter;

the individual may give the entity a declaration about the matter in the *approved form.

Regulations

15-50(4)    
The regulations may prescribe:

(a) (Repealed by No 110 of 2014)

(b) when a declaration under subsection (1) or (3) starts or ceases to be in effect; and

(c) when a declaration under subsection (1) or (3) is taken to have been given.

15-50(5)    
If:

(a) an individual gives an entity a declaration under subsection (1) or (3) about a matter; and

(b) the individual ' s circumstances change in relation to the matter;

the regulations may also prescribe when the individual must give the entity a new declaration about the matter.