Income Tax Assessment Act 1936

PART VA - TAX FILE NUMBERS  

Division 4B - Quotation of tax file numbers in connection with certain closely held trusts  

SECTION 202DR   EFFECT OF INCORRECT QUOTATION OF TAX FILE NUMBER  

Commissioner may notify trustee of correct tax file number

202DR(1)    
If the Commissioner is satisfied:

(a) that the tax file number quoted to the trustee:

(i) has been cancelled or withdrawn since it was quoted; or

(ii) is otherwise wrong; and

(b) that the beneficiary has a tax file number;

the Commissioner may give the trustee notice in writing of the beneficiary's correct tax file number.

202DR(2)    

The notice given under subsection (1) is taken to have taken effect on the day on which the cancelled or withdrawn tax file number was quoted to the trustee as mentioned in paragraph (1)(a).

202DR(3)    
On and from the day on which the notice given under subsection (1) took effect, the beneficiary is taken to have quoted the beneficiary's correct tax file number to the trustee.

Commissioner may notify trustee if beneficiary does not have a tax file number etc

202DR(4)    
If:

(a) the Commissioner is satisfied that the tax file number quoted to the trustee:

(i) has been cancelled or withdrawn since it was quoted; or

(ii) is for any other reason not the beneficiary's tax file number; and

(b) the Commissioner is not satisfied that the beneficiary has a tax file number;

the Commissioner must give the trustee written notice accordingly.

202DR(5)    
The Commissioner must give the beneficiary a copy of the notice given under subsection (4), together with a written statement of the reasons for the decision to give the notice.

202DR(6)    
The notice given under subsection (4) takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the beneficiary.

202DR(7)    
On and from the day on which the notice given under subsection (4) takes effect, the beneficiary is taken not to have quoted the beneficiary's tax file number to the trustee.

Note:

The trustee may be required to withhold an amount from a payment to the beneficiary if the beneficiary has not quoted the beneficiary's tax file number to the trustee at the time the payment is made: see sections 12-175 and 12-180 in Schedule 1 to the Taxation Administration Act 1953 .

As such, the trustee may be required to withhold if a notice under subsection (4) of this section is in effect on the day on which the payment is made.