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 5
-
Administration
History
Ch 5 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 44, effective 1 July 2006.
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS RELATING TO TAXPAYERS
History
Pt 5-25 heading substituted by No 162 of 2015, s 3 and Sch 4 item 16, effective 30 November 2015. The heading formerly read:
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS OF TAXPAYERS
Pt 5-25 inserted by No 91 of 2000.
Division 389
-
Reporting by employers
History
Div 389 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. No 55 of 2016, s 3 and Sch 23 items 22 to 24 contain the following application provisions:
Division 3
-
Application
22 Application
-
required reporting
(1)
The amendments apply in relation to an amount that an entity is required to notify to the Commissioner if the requirement to notify arises on or after the following day (the
application day
):
(a)
the day determined under item 24;
(b)
if no such day is determined:
(i)
if the entity was a substantial employer immediately before 1 July 2018
-
1 July 2018; or
(ii)
otherwise
-
the first 1 July after which the entity first becomes a substantial employer after 1 July 2018.
(2)
Despite subitem (1), the entity is not liable to a penalty under subsection
286-75(1)
in Schedule
1
to the
Taxation Administration Act 1953
in relation to a failure to notify the Commissioner under section
389-5
in that Schedule if:
(a)
the failure relates to an amount referred to in item 1 or 2 of the table in section
389-5
in that Schedule; and
(b)
the failure occurs during the 12 month period following the entity
'
s application day; and
(c)
the Commissioner has not, during that period but before that failure, given to the entity a written notice that:
(i)
related to an earlier failure by the entity to notify the Commissioner under section
389-5
in that Schedule; and
(ii)
advised the entity that a further failure to comply with that section may result in the entity being liable to an administrative penalty.
23 Application
-
voluntary reporting
23
The amendments apply in relation to an amount that an entity may notify to the Commissioner if the entitlement to notify arises on or after the following day (the application day):
(a)
the day determined under item 24;
(b)
if no such day is determined
-
1 July 2018.
24 Determining the application day
24
The Commissioner may, by legislative instrument, determine a day that is later than 1 July 2018 to be the application day.
Guide to Division 389
SECTION 389-25
GRACE PERIODS FOR CORRECTING FALSE OR MISLEADING NOTIFICATIONS
When notifications can be corrected
389-25(1)
An entity that has made a statement (a
withholding statement
) under section
389-5
notifying an amount under item 1, 2 or 2A of the table in subsection
389-5(1)
(and no other item in that table) may correct the statement:
(a)
within the period determined by the Commissioner under subsection (2); or
(b)
if paragraph (a) does not apply but the entity is covered by a determination under subsection (5)
-
within the period specified in that determination.
Note:
Correcting the statement can protect the person from liability for a false or misleading withholding statement: see subsections
8K(2A)
,
8N(2)
and
284-75(8)
.
History
S 389-25(1) amended by No 8 of 2019, s 3 and Sch 3 item 15, by substituting
"
item 1, 2 or 2A
"
for
"
item 1 or 2
"
, effective 23 June 2020. For application provision, see note under s
389-5(1)
.
Determinations for particular entities
389-25(2)
The Commissioner may determine the period within which the entity may correct a withholding statement.
389-25(3)
The Commissioner must give the entity written notice of the determination.
389-25(4)
The entity may object, in the manner set out in Part
IVC
, against a decision of the Commissioner determining a period under subsection (2) relating to the entity.
Determinations for classes of entities
389-25(5)
The Commissioner may, by legislative instrument, determine the period within which entities included in a class of entities specified in the determination may correct a withholding statement.
History
S 389-25 inserted by No 55 of 2016, s 3 and Sch 23 item 1, effective 1 October 2016. For application provisions, see note under Div
389
heading.