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 5
-
Administration
History
Ch 5 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 44, effective 1 July 2006.
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS RELATING TO TAXPAYERS
History
Pt 5-25 heading substituted by No 162 of 2015, s 3 and Sch 4 item 16, effective 30 November 2015. The heading formerly read:
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS OF TAXPAYERS
Pt 5-25 inserted by No 91 of 2000.
Division 389
-
Reporting by employers
History
Div 389 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. No 55 of 2016, s 3 and Sch 23 items 22 to 24 contain the following application provisions:
Division 3
-
Application
22 Application
-
required reporting
(1)
The amendments apply in relation to an amount that an entity is required to notify to the Commissioner if the requirement to notify arises on or after the following day (the
application day
):
(a)
the day determined under item 24;
(b)
if no such day is determined:
(i)
if the entity was a substantial employer immediately before 1 July 2018
-
1 July 2018; or
(ii)
otherwise
-
the first 1 July after which the entity first becomes a substantial employer after 1 July 2018.
(2)
Despite subitem (1), the entity is not liable to a penalty under subsection
286-75(1)
in Schedule
1
to the
Taxation Administration Act 1953
in relation to a failure to notify the Commissioner under section
389-5
in that Schedule if:
(a)
the failure relates to an amount referred to in item 1 or 2 of the table in section
389-5
in that Schedule; and
(b)
the failure occurs during the 12 month period following the entity
'
s application day; and
(c)
the Commissioner has not, during that period but before that failure, given to the entity a written notice that:
(i)
related to an earlier failure by the entity to notify the Commissioner under section
389-5
in that Schedule; and
(ii)
advised the entity that a further failure to comply with that section may result in the entity being liable to an administrative penalty.
23 Application
-
voluntary reporting
23
The amendments apply in relation to an amount that an entity may notify to the Commissioner if the entitlement to notify arises on or after the following day (the application day):
(a)
the day determined under item 24;
(b)
if no such day is determined
-
1 July 2018.
24 Determining the application day
24
The Commissioner may, by legislative instrument, determine a day that is later than 1 July 2018 to be the application day.
Guide to Division 389
SECTION 389-20
EFFECT ON REPORTING REQUIREMENTS UNDER SUBDIVISION 16-C
389-20(1)
An entity is not required to comply with a requirement of:
(a)
subsection
16-150(1)
(Commissioner must be notified of amounts); or
(b)
section
16-153
(annual reports
-
other payments); or
(c)
section
16-155
(annual payment summary); or
(d)
section
16-160
(part-year payment summary); or
(e)
section
16-165
(payment summaries for superannuation lump sums and payments for termination of employment); or
(f)
section
16-175
in relation to compliance with any requirements under section
16-155
,
16-160
or
16-165
;
to give a notice, report or statement to the extent that it would relate to an amount that the entity has notified under section
389-5
or
389-15
.
History
S 389-20(1) amended by No 23 of 2018, s 3 and Sch 5 item 25, by substituting
"
subsection 16-150(1)
"
for
"
section 16-150
"
in para (a), effective 1 April 2018.
389-20(2)
However, paragraphs (1)(b), (c) and (e) do not apply, in relation to requirement to give a notice, report or statement relating to payments made in a *financial year, unless, within 14 days after the end of the financial year, the entity makes a declaration to the Commissioner that:
(a)
states that the entity has notified under section
389-5
or
389-15
all the information that the entity would otherwise be required to give under sections
16-153
,
16-155
and
16-165
relating to payments made in the financial year; and
(b)
is in the *approved form.
History
S 389-20 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. For application provisions, see note under Div
389
heading.