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
Operative provisions
SECTION 389-35
DECLARATION WHERE AGENT GIVES NOTIFICATION UNDER THIS DIVISION
389-35(1)
This section applies if a notification of an amount that is required or permitted to be given under this Division is to be given to the Commissioner in the *approved form by an agent on behalf of an entity.
389-35(2)
The entity may make a declaration in writing:
(a)
stating that the entity has authorised the agent to give one or more notifications under this Division to the Commissioner; and
(b)
declaring that any information the entity has provided, or will provide, to the agent for the preparation of any such notifications is, or will be, true and correct; and
(c)
specifying the day the declaration is made and the maximum period for the declaration (which must not exceed 12 months starting on the day the declaration is made).
389-35(3)
If the entity makes a declaration under subsection
(2)
, then for the period in subsection
(4)
:
(a)
subsection
388-65(1)
does not apply in relation to any notifications to be given by the agent on behalf of the entity under this Division; and
(b)
subsections
388-65(2)
to
(6)
apply to the declaration in the same way those subsections apply to a declaration made under subsection
388-65(1)
; and
(c)
for the purposes of section
388-70
, the declaration is taken to be a declaration of the kind mentioned in paragraph
388-70(b)
.
389-35(4)
The period for a declaration made under subsection
(2)
:
(a)
begins on the day the declaration is made; and
(b)
ends on the earliest of:
(i)
the last day of the period specified in the declaration; or
(ii)
if the entity withdraws the declaration
-
the day the agent is notified of the withdrawal; or
(iii)
if there is a material change in the relationship between the entity and the agent, or in the affairs of the entity since the declaration was made
-
the day the agent becomes aware of the change or is notified of the change by the entity.
History
S 389-35 inserted by No 135 of 2024, s 3 and Sch 2 item 4, effective 11 December 2024.