Treasury Laws Amendment (Tax Accountability and Fairness) Act 2024 (37 of 2024)
Schedule 1 PwC response - Promoter penalty law reform
Taxation Administration Act 1953
16 Subsection 290-50(4) in Schedule 1
Repeal the subsection, substitute:
Amount of penalty
(4) The maximum amount of the penalty for a contravention by an entityis the greater of:
(a) 5,000 penalty units; and
(b) 3 times the total value of allbenefitsreceived or receivable (directly or indirectly) by the entity and *associates of the entity in respect of the *scheme.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(4A) Despite subsection (4), the maximum amount of the penalty for a contravention by an entity that is a body corporate is the greatest of the following:
(a) 50,000 penalty units;
(b) 3 times the total value of allbenefitsreceived or receivable (directly or indirectly) by the entity and *associates of the entity in respect of the *scheme;
(c) either:
(i) 10% of the *aggregated turnover of the entity for the most recent income year to end before the entity contravened, or began to contravene, the provision; or
(ii) if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units - 2.5 million penalty units.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(4B) Despite subsections (4) and (4A), the maximum amount of the penalty for a contravention by an entity that is:
(a) a partner in a partnership that is a *significant global entity; or
(b) a trustee of a trust that is a significant global entity;
is the greatest of the following:
(c) 50,000 penalty units;
(d) 3 times the total value of allbenefitsreceived or receivable (directly or indirectly) by the significant global entity and *associates of the significant global entity in respect of the *scheme;
(e) either:
(i) 10% of the *aggregated turnover of the significant global entity for the most recent income year to end before the entity contravened, or began to contravene, the provision; or
(ii) if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units - 2.5 million penalty units.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.