Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.

Pt 2-10 applies to the 2000/2001 income year and later income years. If the Commissioner gives an entity an instalment rate before the start of the 2000/2001 income year, s 45-50 applies as if the rate had been given on the first day of that income year.

Subdiv 45-DA inserted by No 124 of 2013. For application and transitional provisions, see note under s 45-138 .

S 45-138 inserted by No 124 of 2013, s 3 and Sch 1 item 19, applicable to starting instalment months that start on or after 1 January 2014. No 124 of 2013, s 3 and Sch 1 Pt 3 contains the following application and transitional provisions:

Part 3 - Application and transitional provisions

45 General application of amendments  
45
The amendments made by this Schedule apply to starting instalment months that start on or after 1 January 2014. 46 Delayed application to non-corporate tax entities  
46
Despite subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 , an entity cannot be a monthly payer at a time if:

(a) the entity is not a corporate tax entity at the time; and

(b) the time is before 1 January 2016. 47 Transitional MPR thresholds  
(1)
Subitem (2) applies if an entity is a corporate tax entity.

(2)
If the entity ' s MPR test day for an income year mentioned in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 is before 1 October 2015, treat the reference in paragraph (a) of that subsection to $20 million as a reference to:

(a) if that MPR test day is before 1 October 2014 - $1 billion; or

(b) otherwise - $100 million.

(3)
Subitem (4) applies if an entity is not a corporate tax entity.

(4)
If the entity ' s MPR test day for an income year mentioned in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 is before 1 October 2016, treat the reference in paragraph (a) of that subsection to $20 million as a reference to $1 billion.

(5)
Disregard subitems (2) and (4) for the purposes of subsection 45-136(4) in Schedule 1 to the Taxation Administration Act 1953 (MP stop notice).
48 Additional MPR test days  
(1)
This item applies if:

(a) (apart from this item) there is a time in an income year when you are not a monthly payer; and

(b) either:

(i) if you are a corporate tax entity at the time - the income year includes 1 January 2014, 1 January 2015 or 1 January 2016; or

(ii) if you are not a corporate tax entity at the time - the income year includes 1 January 2016 or 1 January 2017.

Note:

This item may have a separate application for each of a number of income years.

(2)
In determining whether you satisfy the requirement in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 for the income year, treat your MPR test day for that income year as being:

(a) in a case where subparagraph (1)(b)(i) applies:

(i) if the income year includes 1 January 2014 - 1 October 2013; or

(ii) if the income year includes 1 January 2015 - 1 October 2014; or

(iii) if the income year includes 1 January 2016 - 1 October 2015; or

(b) in a case where subparagraph (1)(b)(ii) applies:

(i) if the income year includes 1 January 2016 - 1 October 2015; or

(ii) if the income year includes 1 January 2017 - 1 October 2016.

(3)
If you are a monthly payer at a time in an income year because of subitem (2), treat the starting instalment month in the income year as being:

(a) unless paragraph (b) applies - the first instalment month that starts on or after the following day (the application day ):

(i) if subparagraph (2)(a)(i) applies - 1 January 2014;

(ii) if subparagraph (2)(a)(ii) applies - 1 January 2015;

(iii) if subparagraph (2)(a)(iii) applies - 1 January 2016;

(iv) if subparagraph (2)(b)(i) applies - 1 January 2016;

(v) if subparagraph (2)(b)(ii) applies - 1 January 2017; or

(b) if:

(i) apart from subitem (2), you are a quarterly payer; and

(ii) the application day is not the first day of an instalment quarter;

the first instalment month that starts on or after the start of the next instalment quarter.

(4)
If you would (apart from subitem (2)) be an annual payer and you would (apart from this subitem) become a monthly payer at a time in the income year under paragraph (3)(a):

(a) you are taken not to satisfy the requirement in subsection 45-138(1) in Schedule 1 to the Taxation Administration Act 1953 for the income year because of the operation of subitem (2); and

(b) instead, you are taken to satisfy that requirement for the next income year.

Note:

In this case, you become a monthly payer in that next income year at the time specified in subsection 45-136(3) in Schedule 1 to the Taxation Administration Act 1953 .

49 Deadline for TOFA BAII calculation notice  
(1)
Subitem (2) applies if an entity must give the Commissioner a notice under subsection 45-138(7) in Schedule 1 to the Taxation Administration Act 1953 in respect of an income year because its MPR test day for that income year is treated under item 48 as being a particular day (the additional MPR test day ).

(2)
Despite subsection 45-138(7) in Schedule 1 to the Taxation Administration Act 1953 , the entity must give the notice before the 1 January that follows the additional MPR test day.