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 5-45
-
APPLICATION OF TAXATION LAWS TO CERTAIN ENTITIES
Division 444
-
Obligations of entities on behalf of other entities
History
Div 444 substituted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006. Div 444 formerly read:
Division 444
-
Entities that are not legal persons
SECTION 444-5 PARTNERSHIPS
444-5(1)
This Schedule applies to a partnership as if the partnership were a person, but with the changes set out in this section.
444-5(2)
An obligation that this Schedule would otherwise impose on the partnership:
(a)
is imposed instead on each partner; but
(b)
may be discharged by any of the partners.
444-5(3)
The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Schedule.
History
S 444-5 inserted by No 179 of 1999.
SECTION 444-10 UNINCORPORATED COMPANIES
444-10
An obligation that this Schedule would otherwise impose on a company that is not incorporated:
(a)
is imposed instead on each member of the company
'
s committee of management; but
(b)
may be discharged by any of those members.
History
S 444-10 inserted by No 179 of 1999.
SECTION 444-15 SUPERANNUATION FUNDS
444-15
If a *superannuation fund does not have a trustee of the fund, this Schedule applies to the fund as if:
(a)
the person who manages the fund were the trustee of the fund; or
(b)
each of the persons who manage the fund were a trustee of the fund.
Note:
The trustee of a superannuation fund is an entity. See subsection
960-100(2)
of the
Income Tax Assessment Act 1997
.
History
S 444-15 inserted by No 179 of 1999.
Subdivision 444-A
-
Unincorporated associations and bodies and companies
History
Subdiv 444-A inserted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006.
SECTION 444-10
PUBLIC OFFICERS OF COMPANIES
444-10(1)
The individual who is the public officer of a company for the purposes of the
Income Tax Assessment Act 1936
is also the public officer of the company for the purposes of an *indirect tax law. The public officer
'
s address for service under that Act is also the public officer
'
s address for service for the same purposes.
History
S 444-10(1) amended by No 96 of 2014, s 3 and Sch 1 item 102, by omitting
"
and the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-10(1) amended by No 14 of 2012, s 3 and Sch 1 item 38, by inserting
"
and the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
444-10(2)
The public officer is answerable for doing everything required to be done by the company under an *indirect tax law, and in case of default is liable to the same penalties.
History
S 444-10(2) amended by No 96 of 2014, s 3 and Sch 1 item 102, by omitting
"
and the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-10(2) amended by No 14 of 2012, s 3 and Sch 1 item 38, by inserting
"
and the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
444-10(3)
A proceeding under an *indirect tax law that is brought against the public officer is taken to have been brought against the company, and the company is liable jointly with the public officer for any penalty imposed on the public officer.
History
S 444-10(3) amended by No 96 of 2014, s 3 and Sch 1 item 103, by omitting
"
or the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-10(3) amended by No 14 of 2012, s 3 and Sch 1 item 39, by inserting
"
or the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
444-10(4)
Everything done by the public officer that the public officer is required to do in that capacity is taken to have been done by the company.
444-10(5)
Service of a notice or other document on the public officer or at the public officer
'
s address for service is sufficient service on the company for the purposes of an *indirect tax law. If at any time there is no public officer, service on an individual who is acting or appears to be acting in the business of the company is sufficient.
Note:
See section
444-15
for alternative ways to give a notice to, or serve a process on, a company (through its officers, attorneys or agents).
History
S 444-10(5) amended by No 96 of 2014, s 3 and Sch 1 item 104, by omitting
"
and the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-10(5) amended by No 180 of 2012, s 3 and Sch 6 item 30, by inserting the note at the end, applicable in relation to an act or omission by a body corporate occurring on or after 11 December 2012.
S 444-10(5) amended by No 14 of 2012, s 3 and Sch 1 item 40, by inserting
"
and the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
444-10(6)
This section does not, by implication, reduce any of the obligations or liabilities of the company.
History
S 444-10 inserted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006.