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 396-75
ERRORS IN REPORTS
396-75(1)
An entity must give to the Commissioner a corrected report if:
(a)
the entity has given a report to the Commissioner under this Subdivision; and
(b)
after giving the report, the entity becomes aware of a material error in it.
396-75(2)
The report must be in the *approved form.
396-75(3)
The report must be given to the Commissioner no later than 28 days after the entity becomes aware of the error.
Note 1:
An administrative penalty applies to a failure to give the report by that time (see subsection
286-75(1)
). An administrative penalty applies for any false statements in the report (see section
284-75
).
Note 2:
Section
388-55
allows the Commissioner to defer the time for giving an approved form.
History
S 396-75 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.