Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-10 - PAY AS YOU GO (PAYG) INSTALMENTS  

Division 45 - Instalment payments  

Subdivision 45-R - Special rules for consolidated groups  

Operative provisions

SECTION 45-860   MEMBER HAVING A DIFFERENT INSTALMENT PERIOD  

Different instalment period - instalment quarter

45-860(1)    
If:

(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an instalment for an *instalment quarter of the subsidiary member that includes the starting time; and

(b) that quarter starts before the start of the instalment quarter of the *head company of the group that includes the starting time;

then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that quarter.

Different instalment period - income year

45-860(2)    
If:

(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an annual instalment for an income year of the subsidiary member that includes the starting time; and

(b) that year ends before the end of the income year of the *head company of the group that includes the starting time;

then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that year.

Assumptions for working out amount of instalment

45-860(3)    
The amount of the instalment must be worked out on the following assumptions:

(a) that the *instalment quarter or income year of the *subsidiary member (as appropriate) consists only of the period that is the part of the quarter or year occurring before the starting time;

(b) that an amount required to be worked out for the purpose of determining the *instalment income of the subsidiary member for that period is worked out under section 45-855 .

45-860(4)    

For the purposes of this section, the starting time is the time at which Subdivision 45-Q starts to apply to the *head company of the group because of subsection 45-705(2) or subparagraph 45-705(3)(c)(ii), (4)(d)(ii) or (iv) .