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 2
-
Collection, recovery and administration of income tax
History
Ch 2 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 40, effective 1 July 2006.
PART 2-10
-
PAY AS YOU GO (PAYG) INSTALMENTS
History
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.
Division 45
-
Instalment payments
Subdivision 45-L
-
How Commissioner works out amount of quarterly instalment on basis of GDP-adjusted notional tax
SECTION 45-405
WORKING OUT YOUR GDP-ADJUSTED NOTIONAL TAX
45-405(1)
Except as provided by section
45-775
, your
GDP-adjusted notional tax
is worked out in the same way as your *notional tax would be worked out for the purposes of working out an instalment rate if that instalment rate were to be given to you at the same time as notice of the amount of the instalment referred to in section
45-400
or
45-402
(as appropriate).
History
S 45-405(1) amended by No 68 of 2002, No 73 of 2001 and No 44 of 2000.
45-405(2)
However, for the purposes of subsection
(1)
:
(a)
your *adjusted taxable income for the *base year; and
(b)
your *adjusted withholding income (if any) for the *base year;
are each increased in accordance with the formula:
Original amount
×
(1
+
GDP adjustment) |
History
S 45-405(2) amended by No 44 of 2000.
45-405(3)
For the purposes of the formula in subsection
(2)
:
original amount
means the amount that, apart from subsection
(2)
, would be your *adjusted taxable income for the *base year, or your *adjusted withholding income for the *base year, as appropriate.
GDP adjustment
means:
(a)
the percentage (rounded to the nearest whole number, rounding down a number ending in .5) worked out using the following formula; or
(b)
if the percentage worked out using the formula is negative
-
0%:
History
Definition of
"
GDP adjustment
"
amended by
No 43 of 2011
, s 3 and Sch 1 items 9 and 10, by substituting para (a) and (b) for para (aa) and (b) (not including the formula) and repealing the note, effective 1 July 2016. Para (aa) and (b) and the note formerly read:
(a)
(Repealed by No 47 of 2009)
(aa)
if the current year is the 2011-12 income year
-
4%; or
(b)
otherwise:
(i)
the percentage (rounded to the nearest whole number, rounding down a number ending in .5) worked out using the following formula; or
(ii)
if the percentage worked out using the formula is negative
-
0%.
Note:
Paragraph (aa) will be repealed on 1 July 2016: see Part 2 of Schedule 1 to the
Tax Laws Amendment (2011 Measures No 4) Act 2011
.
Definition of
"
GDP adjustment
"
amended by
No 47 of 2009
(as amended by
No 43 of 2011
), s 3 and Sch 1 items 3 to 5, by repealing para (a), repealing note 1 and substituting
"
Note
"
for
"
Note 2
"
in note 2, effective 1 July 2014. Para (a) and note 1 formerly read:
(a)
if the current year is the 2009-10 income year
-
2%; or
Note 1:
Paragraph (a) will be repealed on 1 July 2014: see Part 2 of Schedule 1 to the
Tax Laws Amendment (2009 Measures No. 3) Act 2009
.
Definition of
"
GDP adjustment
"
amended by No 43 of 2011, s 3 and Sch 1 items 2 to 4, by inserting para (aa), renumbering note 1 from note, and inserting note 2, applicable for the purposes of working out the amount of an instalment of yours, if: (a) the instalment becomes due on or after 28 June 2011; and (b) your 2011-12 income year starts on or after 1 April 2011.
Definition of
"
GDP adjustment
"
substituted by
No 47 of 2009
, s 3 and Sch 1 item 1, applicable for the purposes of working out the amount of an instalment that becomes due on or after 25 June 2009. The definition formerly read:
GDP adjustment
means the percentage (rounded to the nearest whole number, rounding down a number ending in .5) worked out using the formula:
or 0% if the percentage worked out using the formula is negative.
45-405(4)
For the purposes of the formula in subsection
(3)
:
sum of GDP amounts (current year)
means the sum of the *GDP amounts, for the *quarters in the last calendar year (the
later calendar year
) ending at least 3 months before the start of the current year, specified in the document referred to in subsection
(6)
.
sum of GDP amounts (previous year)
means the sum of the *GDP amounts, for the *quarters in the calendar year (the
earlier calendar year
) before the later calendar year, specified in the document referred to in subsection
(6)
.
45-405(5)
The
GDP amount
for a *quarter is the amount published by the Australian Statistician as the original gross domestic product at current prices for that quarter.
45-405(6)
The
GDP adjustment
must be worked out on the basis of the first document that:
(a)
is published by the Australian Statistician after the end of the later calendar year; and
(b)
sets out the *GDP amounts for all the *quarters in both the later calendar year and the earlier calendar year.
History
S 45-405(6) amended by
No 43 of 2011
, s 3 and Sch 1 item 11, by substituting
"
The
"
for
"
In a case covered by paragraph (b) of the definition of
GDP adjustment
in subsection (3), the
"
, effective 1 July 2016.
S 45-405(6) amended by
No 47 of 2009
, s 3 and Sch 1 item 2, by substituting
"
In a case covered by paragraph (b) of the definition of
GDP adjustment
in subsection (3), the
GDP adjustment
"
for
"
The
GDP adjustment
"
, applicable for the purposes of working out the amount of an instalment that becomes due on or after 25 June 2009.
45-405(7)
To avoid doubt, subsections
45-325(4)
and
(5)
also have effect for the purposes of working out your *GDP-adjusted notional tax.
Nil
GDP adjustment
for 2020-21 income year
45-405(8)
Despite subsections
(3)
and
(6)
, if the current year is the 2020-21 income year, then for the purposes of the formula in subsection
(2)
the
GDP adjustment
is 0%.
Note:
This subsection will be repealed on 1 July 2025: see Part 2 of Schedule 5 to the
Treasury Laws Amendment (2020 Measures No. 3) Act 2020
.
[
CCH Note:
S 45-405(8) will be repealed by No 61 of 2020, s 3 and Sch 5 item 3, effective 1 July 2025.]
History
S 45-405(8) inserted by No 61 of 2020, s 3 and Sch 5 item 1, effective 1 July 2020. No 61 of 2020, s 3 and Sch 5 item 2 contains the following application provision:
2 Application
(1)
The amendment made by item 1 of this Part applies for the purposes of working out the amount of an instalment for an instalment quarter starting on or after the start date.
(2)
In this item:
start date
means:
(a)
unless paragraph (b) applies
-
1 July 2020; or
(b)
if the
Treasury Laws Amendment (2020 Measures No. 3) Act 2020
receives the Royal Assent on or after 21 August 2020
-
1 October 2020.
Reduced
GDP adjustment
for 2022-23 income year
45-405(9)
Despite subsections
(3)
and
(6)
, if the current year is the 2022-23 income year, then for the purposes of the formula in subsection
(2)
the
GDP adjustment
is 2%.
Note:
This subsection will be repealed on 1 July 2027: see Part 2 of Schedule 5 to the
Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022
.
[
CCH Note:
S 45-405(9) will be repealed by No 14 of 2022, s 3 and Sch 5 item 3, effective 1 July 2027.]
History
S 45-405(9) inserted by No 14 of 2022, s 3 and Sch 5 item 1, effective 1 April 2022 and applicable for the purposes of working out the amount of an instalment for an instalment quarter for the 2022-23 income year.
Reduced
GDP adjustment for
2023-24 income year
45-405(10)
Despite subsections
(3)
and
(6)
, if the current year is the 2023-24 income year, then for the purposes of the formula in subsection
(2)
the
GDP adjustment
is 6%.
Note:
This subsection will be repealed on 1 July 2028: see Part 2 of Schedule 4 to the
Treasury Laws Amendment (2023 Measures No. 2) Act 2023
.
[
CCH Note:
S 45-405(10) will be repealed by No 28 of 2023, s 3 and Sch 4 item 3, effective 1 July 2028.]
History
S 45-405(10) inserted by No 28 of 2023, s 3 and Sch 4 item 1, applicable for the purposes of working out the amount of an instalment: (a) for an instalment quarter for the 2023-24 income year; and (b) that becomes due on or after 24 June 2023.