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 396
-
Third party reporting
History
Div 396 heading substituted by No 162 of 2015, s 3 and Sch 4 item 17, effective 30 November 2015. The heading formerly read:
Division 396
-
FATCA
Div 396 inserted by No 67 of 2014, s 3 and Sch 1 item 2, effective 30 June 2014. No 67 of 2014, s 3 and Sch 1 item 3 contains the following application provision:
3 Application
Application rules
(1)
Subject to subitem (2), the amendments made by this Schedule apply in relation to a U.S. Reportable Account that is maintained by a Reporting Australian Financial Institution on or after 1 July 2014.
(2)
The following provisions apply in relation to a payment that is made by a Reporting Australian Financial Institution on or after 1 July 2014:
(a)
section 396-10 in Schedule 1 to the
Taxation Administration Act 1953
(as inserted by this Schedule);
(b)
any other provision inserted in that Schedule by this Schedule, to the extent that the provision relates to the section mentioned in paragraph (a).
Permissions and elections
(3)
For the purpose of subitems (1) and (2), subsections
396-20(2)
and
(3)
in Schedule
1
to the
Taxation Administration Act 1953
(as inserted by this Schedule) apply in determining the meaning of a term used in those subitems.
Subdivision 396-B
-
Information about transactions that could have tax consequences for taxpayers
History
Subdiv 396-B inserted by No 162 of 2015, s 3 and Sch 4 item 1, effective 30 November 2015. No 162 of 2015, s 3 and Sch 4 item 27 contains the following application provision:
27 Application of amendments
27(1)
Subdivision
396-B
in Schedule
1
to the
Taxation Administration Act 1953
applies in relation to transactions entered into on or after:
(a)
if table item 3 or 4 in section
396-55
in that Schedule describes the transaction
-
1 July 2016; or
(b)
otherwise
-
1 July 2017.
27(2)
However, subparagraphs
396-55(a)(ii)
and (b)(ii) in Schedule
1
to the
Taxation Administration Act 1953
apply in relation to transactions entered into on or after:
(a)
if table item 3 or 4 in section
396-55
in that Schedule describes the transaction
-
1 July 2016; or
(b)
otherwise
-
1 July 2020.
Operative provisions
SECTION 396-60
INFORMATION REQUIRED
Transactions not involving market participants
396-60(1)
For the purposes of section
396-55
, the information required by the *approved form about a transaction (other than a transaction described in table item 5 in that section):
(a)
must relate to:
(i)
the identification, collection or recovery of a possible *tax-related liability; or
(ii)
the identification of a possible reduction of a possible tax-related liability;
of a party to the transaction (disregarding any exemption under a *taxation law that may apply to those parties); and
(b)
may relate to identifying the parties to the transaction; and
(c)
for a transaction described in table item 3 in that section
-
may include the *tax file numbers of those parties to the transaction who have quoted their tax file numbers to the State or Territory concerned.
History
S 396-60(1) amended by No 54 of 2016, s 3 and Sch 1 item 18, by substituting para (a), applicable in relation to equity interests issued on or after 1 July 2016. Para (a) formerly read:
(a)
must relate to the identification, collection or recovery of a possible *tax-related liability of a party to the transaction (disregarding any exemption under a *taxation law that may apply to those parties); and
Transactions involving market participants
396-60(2)
For the purposes of section
396-55
, the information required by the *approved form about a transaction described in table item 5 in that section must relate to identifying the parties to the transaction.
Some reporting entities may request tax file numbers
396-60(3)
A State or Territory may request an entity to quote the entity
'
s *tax file number to the State or Territory if:
(a)
the tax file number is for a report by the State or Territory under section
396-55
about a transaction described in table item 3 in that section; and
(b)
the entity is a party to the transaction.
History
S 396-60 inserted by No 162 of 2015, s 3 and Sch 4 item 1, effective 30 November 2015. For application provision, see note under Subdiv
396-B
heading.