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 396
-
Third party reporting
History
Div 396 heading substituted by No 162 of 2015, s 3 and Sch 4 item 17, effective 30 November 2015. The heading formerly read:
Division 396
-
FATCA
Div 396 inserted by No 67 of 2014, s 3 and Sch 1 item 2, effective 30 June 2014. No 67 of 2014, s 3 and Sch 1 item 3 contains the following application provision:
3 Application
Application rules
(1)
Subject to subitem (2), the amendments made by this Schedule apply in relation to a U.S. Reportable Account that is maintained by a Reporting Australian Financial Institution on or after 1 July 2014.
(2)
The following provisions apply in relation to a payment that is made by a Reporting Australian Financial Institution on or after 1 July 2014:
(a)
section 396-10 in Schedule 1 to the
Taxation Administration Act 1953
(as inserted by this Schedule);
(b)
any other provision inserted in that Schedule by this Schedule, to the extent that the provision relates to the section mentioned in paragraph (a).
Permissions and elections
(3)
For the purpose of subitems (1) and (2), subsections
396-20(2)
and
(3)
in Schedule
1
to the
Taxation Administration Act 1953
(as inserted by this Schedule) apply in determining the meaning of a term used in those subitems.
Subdivision 396-A
-
FATCA
History
Subdiv 396-A heading inserted by No 162 of 2015, s 3 and Sch 4 item 18, effective 30 November 2015.
Operative provisions
SECTION 396-10
STATEMENTS ABOUT PAYMENTS TO NONPARTICIPATING FINANCIAL INSTITUTIONS
396-10(1)
Subsection (2) applies if:
(a)
an entity is a Reporting Australian Financial Institution (within the meaning of the *FATCA Agreement) at any time in a calendar year; and
(b)
the calendar year is the 2015 or 2016 year; and
(c)
the entity makes a payment to a Nonparticipating Financial Institution (within the meaning of the FATCA Agreement) at any time in the year.
396-10(2)
The entity must give the Commissioner a statement that contains the information in respect of that payment that the Australian Government is required to obtain in order for it to fulfil its obligations under the *FATCA Agreement in respect of that payment.
Note:
Section
286-75
provides an administrative penalty for breach of this subsection.
History
S 396-10(2) amended by No 23 of 2016, s 3 and Sch 1 item 10, by inserting a note at the end, effective 19 March 2016. For application and transitional provision, see note under Subdiv
396-C
heading.
396-10(3)
The information contained in the statement must be determined by the entity by applying the due diligence procedures required under the *FATCA Agreement.
Note:
Those due diligence procedures are specified in Annex I to the FATCA Agreement, subject to the application of Article 7 of that Agreement (consistency in the application of FATCA to partner jurisdictions).
396-10(4)
A statement under subsection (2) must be in the *approved form.
396-10(5)
More than one statement under subsection (2) may be included in the same document.
396-10(6)
The statement must be given to the Commissioner no later than the first 31 July after the end of the calendar year.
Note:
Section
388-55
allows the Commissioner to defer the time for giving an approved form.
History
S 396-10(6) amended by No 23 of 2016, s 3 and Sch 1 item 11, by inserting
"
calendar
"
, effective 19 March 2016. For application and transitional provision, see note under Subdiv
396-C
heading.
History
S 396-10 inserted by No 67 of 2014, s 3 and Sch 1 item 2, effective 30 June 2014. For application provision see note under Div
396
heading.