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 4
-
Generic assessment, collection and recovery rules
History
Ch 4 heading inserted by
No 73 of 2006
, s 3 and Sch 5 item 42, effective 1 July 2006.
PART 4-15
-
COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS
History
Pt 4-15 inserted by No 179 of 1999.
Division 269
-
Penalties for directors of non-complying companies
History
Div 269 inserted by
No 79 of 2010
, s 3 and Sch 1 item 10, applicable in relation to an amount payable by a company to the Commissioner before, on or after 1 July 2010.
Act
No 79 of 2010
, s 3 and Sch 1 item 65, contained the following provision, commencing 1 July 2010:
65 Transitional
-
penalties
No doubling up of penalties
(1)
Subsection 269-20(1) in Schedule 1 to the
Taxation Administration Act 1953
, as added by this Schedule, does not apply if the due day referred to in that subsection occurs before the commencement time.
(2)
Subsection 269-20(3) in Schedule 1 to that Act, as added by this Schedule, does not apply if the 14th day referred to in that subsection occurs before the commencement time.
New provisions apply to existing penalties
(3)
Subitem (4) applies in relation to a penalty that, just before the commencement time, was payable under
Division 9 of Part VI
of the
Income Tax Assessment Act 1936
.
(4)
Division 269 in Schedule 1 to the
Taxation Administration Act 1953
(other than section 269-20) has effect, from the commencement time, as if the penalty were payable under Subdivision 269-B in that Schedule.
Penalties remitted because of payment agreement
(5)
Subitem (6) applies if:
(a)
a penalty payable by a director of a company was remitted under section
222APF
of the
Income Tax Assessment Act 1936
because the company made an agreement with the Commissioner as mentioned in paragraph
222APB(1)(b)
; and
(b)
on or after the commencement time, the company contravenes the agreement such that the director would have been liable to pay a penalty under section
222AQA
if that section had continued to apply.
(6)
Division 269 in Schedule 1 to the
Taxation Administration Act 1953
(other than section 269-20) has effect, from the commencement time, as if the penalty:
(a)
had not been remitted; and
(b)
were payable under Subdivision 269-B in that Schedule.
Subdivision 269-B
-
Obligations and penalties
History
Subdiv 269-B inserted by
No 79 of 2010
, s 3 and Sch 1 item 10, applicable in relation to an amount payable by a company to the Commissioner before, on or after 1 July 2010. For transitional provisions see note under Div
269
heading.
SECTION 269-20
PENALTY
Penalty for director on or before due day
269-20(1)
You are liable to pay to the Commissioner a penalty if:
(a)
at the end of the due day, the directors of the company are still under an obligation under section
269-15
; and
(b)
you were under that obligation at or before that time (because you were a director).
Note:
Paragraph (1)(b) applies even if you stopped being a director before the end of the due day: see subsection
269-15(2)
.
269-20(2)
The penalty is due and payable at the end of the due day.
Note:
The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section
269-25
.
Penalty for new director
269-20(3)
You are also liable to pay to the Commissioner a penalty if:
(a)
after the due day, you became a director of the company and began to be under an obligation under section
269-15
; and
(b)
30 days later, you are still under that obligation.
History
S 269-20(3) amended by No 99 of 2012, s 3 and Sch 1 item 5, by substituting
"
30 days
"
for
"
14 days
"
, applicable to you, in relation to an obligation under section 269-15 in Schedule 1 to the
Taxation Administration Act 1953
, if you: (a) become a director of the relevant company; and (b) begin to be under the obligation; on or after 30 June 2012.
269-20(4)
The penalty is due and payable at the end of that 30th day.
Note:
The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section
269-25
.
History
S 269-20(4) amended by No 99 of 2012, s 3 and Sch 1 item 6, by substituting
"
30th day
"
for
"
14th day
"
, applicable to you, in relation to an obligation under section 269-15 in Schedule 1 to the
Taxation Administration Act 1953
, if you: (a) become a director of the relevant company; and (b) begin to be under the obligation; on or after 30 June 2012.
Amount of penalty
269-20(5)
The amount of a penalty under this section is equal to the unpaid amount of the company
'
s liability under its obligation.
Note 1:
See section
269-40
for the effect on your penalty of the company discharging its obligation, or of another director paying his or her penalty.
Note 2:
See section
269-45
for your rights of indemnity and contribution.
History
S 269-20 inserted by
No 79 of 2010
, s 3 and Sch 1 item 10, applicable in relation to an amount payable by a company to the Commissioner before, on or after 1 July 2010. For transitional provisions see note under Div
269
heading.