INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 3A - Collection of tax in respect of certain payments for work  

Subdivision B - Operative provisions  

SECTION 221YHDD   HOUSEHOLDERS  

221YHDD(1)   Section applies where householder and no reporting exemption number approval.  

This section applies if:

(a) before 1 July 2000, a person enters into a contract or contracts in relation to the whole or part of a construction project and as a result another person will be a householder in relation to prescribed payments under the contract or contracts; and

(b) a reporting exemption number has not been quoted to the householder by the payee or one has, but the approval to quote it is no longer in force.

221YHDD(2)   Payee to give householder payment summary form.  

If this section applies, the payee must, before the first prescribed payment is made, give the householder a householder payment summary form with the part relating to the payee completed and signed by the payee.

221YHDD(3)   Offence.  

A payee, other than a government body, who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding $100.

221YHDD(4)   End of project obligations for householder.  

If this section applies, the householder must, within 6 weeks after completion of the project or part:

(a) in accordance with subsection (5), complete and sign, in respect of the project, the part of a householder payment summary form relating to the householder; and

(b) make a copy of the form; and

(c) send the form to the Commissioner.

221YHDD(4A)   [Project or part not completed before 1 July 2000]  

If:

(a) this section applies; and

(b) the project or part is not completed by the end of 30 June 2000;

the householder must, within 6 weeks after that day:

(c) in accordance with subsection (5), complete and sign, in respect of the project, the part of a householder payment summary form relating to the householder; and

(d) make a copy of the form; and

(e) send the form to the Commissioner.

(The completed form does not need to cover prescribed payments made after 30 June 2000.)

221YHDD(5)   Form that is to be used.  

If, by the time within the 6 weeks when the householder intends to complete the form, the payee has given the householder a form with the part relating to the payee completed and signed (whether or not given as required by subsection (2) before the first prescribed payment was made), the householder must use that form. If not, the householder must use another form, and must fill out the part relating to the payee to the extent that the householder is able to do so.

221YHDD(6)   Retention of copy of householder payment summary form.  

Subject to subsection (7), the householder must keep the copy of the payment summary form (required to be made by paragraph (4)(b)) until 6 months have passed after the end of the financial year in which the project or part was completed.

221YHDD(6A)   [Retention of copy]  

Subject to subsection (7), the householder must keep the copy that paragraph (4A)(d) requires to be made for 6 months after it is made.

221YHDD(7)   Payee request for copy.  

If, before the end of the 6 months, the payee asks for the copy, the householder must give it to the payee.

221YHDD(8)   Offence.  

If a householder contravenes subsection (4), (6), (6A) or (7), the householder is guilty of an offence punishable on conviction by a maximum fine of $100.