SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 2
-
Collection, recovery and administration of income tax
History
Ch 2 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 40, effective 1 July 2006.
PART 2-5
-
PAY AS YOU GO (PAYG) WITHHOLDING
Division 14
-
Benefits, gains and taxable supplies for which amounts must be paid to the Commissioner
History
Div 14 heading substituted by No 23 of 2018, s 3 and Sch 5 item 12, effective 1 April 2018. For application provisions, see note under Subdiv
14-E
heading. The heading formerly read:
Division 14
-
Non-cash benefits, and accruing gains, for which amounts must be paid to the Commissioner
Div 14 heading substituted by
No 101 of 2006
, s 3 and Sch 2 item 951, effective 14 September 2006. The heading formerly read:
"
Non-cash benefits for which amounts must be paid to the Commissioner
"
.
Div 14 applies to a non-cash benefit provided on or after 1 July 2000.
Subdivision 14-E
-
GST payable on taxable supplies of certain real property
History
Subdiv 14-E inserted by No 23 of 2018, s 3 and Sch 5 item 1, effective 1 April 2018. No 23 of 2018, s 3 and Sch 5 Pt 3 contains the following application provision:
Part 3
-
Application of amendments
26 General rule
26
The amendments made by this Schedule apply in relation to supplies for which any of the consideration (other than consideration provided as a deposit) is first provided on or after 1 July 2018, whether a contract for the supply was entered into before, on or after the commencement of this Schedule.
27 Existing contracts
27
Despite item 26, if a contract for a supply was entered into before 1 July 2018, the amendments made by this Schedule do not apply in relation to the supply if consideration for the supply (other than consideration provided as a deposit) is first provided before 1 July 2020.
28 Existing property development arrangements
28
If:
(a)
an arrangement entered into before 1 July 2018 between:
(i)
an entity (the
supplier
) making a taxable supply that is, or includes, a supply to which subsection
14-250(2)
in Schedule
1
to the
Taxation Administration Act 1953
as amended by this Schedule applies; and
(ii)
one or more entities (not including the entity to which the supply is made), at least one of whom is supplying (or is to supply) development services in relation to the real property to which the supply relates;
deals with the distribution, between the parties to the arrangement, of the consideration for the supply; and
(b)
under the arrangement:
(i)
an amount is to be distributed to the supplier for the payment of the supplier
'
s liability to GST for the supply (less any relevant entitlements to input tax credits); or
(ii)
distributions of the consideration, between the parties, are to be adjusted to take into account that liability; and
(c)
were that amount to be distributed under the arrangement, or were the distributions to be so adjusted, the parties would not be in the same position as they would be if an amount were not payable, under section
14-250
in that Schedule as so amended, in relation to the supply; and
(d)
a payment has been made under that section in relation to the supply;
the amount of the payment is taken, for the purposes of the arrangement, to have been received by the supplier in relation to the supply.
SECTION 14-255
NOTIFICATION BY SUPPLIERS OF RESIDENTIAL PREMISES ETC.
14-255(1)
You must not make a *supply, by way of sale or long-term lease (within the meaning of the *GST Act), of *residential premises or of *potential residential land to another entity unless, before making the supply, you have given to the other entity a written notice stating:
(a)
whether the other entity will be required to make a payment under section
14-250
in relation to the supply; and
(b)
if the other entity will be required to make such a payment in relation to the supply:
(i)
the name and *ABN of the entity that is liable to pay the *GST on the supply; and
(ii)
the amount that the other entity will be required to pay to the Commissioner under section
14-250
in relation to the supply; and
(iii)
when the other entity will be required to pay that amount; and
(iv)
if some or all of the *consideration for the supply will not be expressed as an amount of *money
-
the *GST inclusive market value of so much of the consideration as will not be expressed as an amount of money; and
(v)
such other matters as are specified in the regulations.
History
S 14-255(1) amended by No 49 of 2019, s 3 and Sch 4 item 105, by substituting para (b)(i), applicable in relation to supplies made on or after 1 July 2019. Para (b)(i) formerly read:
(i)
your name and *ABN; and
14-255(2)
However, subsection (1):
(a)
does not apply to a supply of *commercial residential premises; and
(b)
does not apply to a supply of *potential residential land to another entity if the other entity:
(i)
is registered (within the meaning of the *GST Act); and
(ii)
acquires the land for a *creditable purpose.
14-255(3)
To avoid doubt, a failure to comply with subsection (1) does not affect the other entity
'
s obligation to make a payment under section
14-250
.
Strict liability offence
14-255(4)
You must not fail to give a notice required under this section.
Penalty: 100 penalty units.
14-255(5)
An offence against subsection (4) is a strict liability offence.
Note:
For strict liability, see section
6.1
of the Criminal Code.
Administrative penalty
14-255(6)
You are liable to pay the Commissioner a penalty of 100 penalty units if you fail to give a notice required under this section.
Note:
Division
298
contains machinery provisions for administrative penalties.
14-255(7)
However, you are not liable to a penalty for failing to meet the requirements of paragraph (1)(b) in relation to a supply if, at the time you gave the notice, you reasonably believed that you were not required to meet those requirements in relation to that supply.
History
S 14-255 inserted by No 23 of 2018, s 3 and Sch 5 item 1, effective 1 April 2018. For application provisions, see note under Subdiv
14-E
heading.