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 269-25
NOTICE
Commissioner must give notice of penalty
269-25(1)
The Commissioner must not commence proceedings to recover from you a penalty payable under this Subdivision until the end of 21 days after the Commissioner gives you a written notice under this section.
Content of notice
269-25(2)
The notice must:
(a)
set out what the Commissioner thinks is the unpaid amount of the company
'
s liability under its obligation; and
(b)
state that you are liable to pay to the Commissioner, by way of penalty, an amount equal to that unpaid amount because of an obligation you have or had under this Division; and
(c)
explain the main circumstances in which the penalty will be remitted.
269-25(3)
To avoid doubt, a single notice may relate to 2 or more penalties, but must comply with subsection (2) in relation to each of them.
When notice is given
269-25(4)
Despite section
29
of the
Acts Interpretation Act 1901
, a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
Note 1:
Section
28A
of the
Acts Interpretation Act 1901
may be relevant to giving a notice under subsection (1).
Note 2:
Section
269-50
of this Act is also relevant to giving a notice under subsection (1).
History
S 269-25 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.