Petroleum Resource Rent Tax Assessment Act 1987
PART X
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MISCELLANEOUS
SECTION 109
AGENTS AND TRUSTEES
109(1)
The following provisions of this section apply in relation to a person (in this section referred to as the representative ) who, as agent or trustee, derives assessable receipts in relation to a petroleum project.
109(2)
The representative:
(a) shall furnish returns in relation to the assessable receipts; and
(b) is liable to any tax or related charge payable in respect of the assessable receipts;
109(3)
The representative is, by force of this section:
(a) authorised and required to retain from time to time any money that comes to the representative in the capacity as agent for the other person or trustee of the trust estate, or so much of it as is sufficient to pay the amount of tax or charge;
(b) made personally liable for the amount of tax or charge after it becomes payable to the extent of any amount that the representative is required to retain under paragraph (a); and
(c) indemnified for all payments that the representative makes pursuant to this section.
109(4)
For the purposes of ensuring payment of the amount of tax or charge, the Commissioner has the same remedies against attachable property of any kind vested in, under the control or management of, or in the possession of, the representative as the Commissioner would have against the property of any other person in respect of an amount of tax or related charge payable by the other person.
109(5)
(Repealed by No 43 of 2019)
The following provisions of this section apply in relation to a person (in this section referred to as the representative ) who, as agent or trustee, derives assessable receipts in relation to a petroleum project.
109(2)
The representative:
(a) shall furnish returns in relation to the assessable receipts; and
(b) is liable to any tax or related charge payable in respect of the assessable receipts;
but only in the capacity of agent or trustee, as the case requires, and each such return shall be separate and distinct from any other return furnished or lodged by the representative.
View history note
Hide history note109(3)
The representative is, by force of this section:
(a) authorised and required to retain from time to time any money that comes to the representative in the capacity as agent for the other person or trustee of the trust estate, or so much of it as is sufficient to pay the amount of tax or charge;
(b) made personally liable for the amount of tax or charge after it becomes payable to the extent of any amount that the representative is required to retain under paragraph (a); and
(c) indemnified for all payments that the representative makes pursuant to this section.
109(4)
For the purposes of ensuring payment of the amount of tax or charge, the Commissioner has the same remedies against attachable property of any kind vested in, under the control or management of, or in the possession of, the representative as the Commissioner would have against the property of any other person in respect of an amount of tax or related charge payable by the other person.
109(5)
(Repealed by No 43 of 2019)
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