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 398
-
Miscellaneous reporting obligations
History
Div 398 inserted by
No 79 of 2010
, s 3 and Sch 4 item 7, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years.
Subdivision 398-A
-
Farm Management Deposit reporting
History
Subdiv 398-A inserted by
No 79 of 2010
, s 3 and Sch 4 item 7, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years.
SECTION 398-5
REPORTING TO AGRICULTURE DEPARTMENT
FMD provider must provide monthly information
398-5(1)
An *FMD provider must, before the 11th day after the end of a calendar month, give in writing to the *Agriculture Secretary the information specified in subsection (3) if the provider holds a *farm management deposit at the end of that month.
Penalty: 10 penalty units.
History
S 398-5(1) amended by No 147 of 2011, s 3 and Sch 5 items 11 and 12, by substituting
"
before the 11th day after the end of a calendar month
"
for
"
within 60 days after the end of a *quarter
"
and
"
that month
"
for
"
any month in the quarter
"
, effective 29 November 2011.
No 147 of 2011, s 3 and Sch 5 item 16 contains the following application provisions:
16 Application of amendments
The amendments made by this Part apply in relation to information to be given for calendar months in the 2012-13 financial year and each later financial year.
Note:
Section 398-5 in Schedule 1 to the
Taxation Administration Act 1953
, as in force before the commencement of this Part, continues to apply in relation to information to be given for quarters ending before 1 July 2012.
398-5(2)
An offence under subsection (1) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
Information required
398-5(3)
The information is:
(a)
the number of *farm management deposits held at the end of that month; and
(b)
the number of depositors in respect of such deposits at the end of that month; and
(c)
the sum of the balances of such deposits at the end of that month; and
(d)
any other information, in relation to farm management deposits held by the *FMD provider at any time in that month, that is required by the regulations for the purposes of this section.
History
S 398-5(3) amended by No 147 of 2011, s 3 and Sch 5 items 13
-
15, by substituting
"
that month
"
for
"
each month in the *quarter
"
in para (a),
"
that month
"
for
"
each month in the quarter
"
in para (b) and (c), and substituting
"
that month
"
for
"
the quarter
"
in para (d), effective 29 November 2011. For application provisions see note under s 398-5(1).
Regulations not to require identity of depositor
398-5(4)
Regulations made for the purposes of paragraph (3)(d) must not require information:
(a)
that discloses the identity of a depositor; or
(b)
from which the identity of a depositor could reasonably be inferred.
History
S 398-5 inserted by
No 79 of 2010
, s 3 and Sch 4 item 7, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years.