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 5-35
-
REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES
History
Part 5-35 inserted by No 95 of 2004. No 95 of 2004, s 3 and Sch 10 item 44, contains the following transitional provision:
44 Transitional
-
GST and FBT endorsements
(1)
This item applies in relation to an entity if:
(a)
immediately before 1 July 2005, the entity was endorsed under section
30-120
or section
50-105
of the
Income Tax Assessment Act 1997
; and
(b)
the entity failed to notify the Commissioner in writing before 1 July 2005 that it chose not to have this item apply to it.
(2)
The entity is taken to have made an application to the Commissioner under section
426-15
in Schedule 1 to the
Taxation Administration Act 1953
for whichever of these kinds of endorsement is most appropriate for the entity:
(a)
endorsement as a charitable institution under subsection
176-1(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
;
(b)
endorsement as a trustee of a charitable fund under subsection
176-5(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
.
(3)
The entity is taken to have made an application to the Commissioner under section 426-16 in Schedule 1 to the
Taxation Administration Act 1953
for whichever of these kinds of endorsement is most appropriate for the entity:
(a)
endorsement as a public benevolent institution under subsection
123C(1)
of the
Fringe Benefits Tax Assessment Act 1986
;
(b)
endorsement for the operation of a public benevolent institution under subsection
123C(3)
of the
Fringe Benefits Tax Assessment Act 1986
;
(c)
endorsement as a health promotion charity under subsection
123D(1)
of the
Fringe Benefits Tax Assessment Act 1986
;
(d)
endorsement under subsection
123E(1)
of the
Fringe Benefits Tax Assessment Act 1986
as a charitable institution covered by paragraph
65J(1)(baa)
of that Act.
Division 426
-
Process of endorsing charities and other entities
History
Div 426 inserted by No 95 of 2004. For transitional provision, see note under Part
5-35
heading.
Subdivision 426-B
-
Process of endorsement etc.
History
Subdiv 426-B inserted by No 95 of 2004. For transitional provision, see note under Part
5-35
heading.
SECTION 426-20
DEALING WITH AN APPLICATION FOR ENDORSEMENT
Requiring further information or documents
426-20(1)
The Commissioner may require an applicant to give the Commissioner specified information, or a specified document, that the Commissioner needs in order to decide whether the applicant is entitled to endorsement.
Treating application as being refused
426-20(2)
After the time worked out under subsection (3), the applicant may give the Commissioner written notice that the applicant wishes to treat the application as having been refused, if the Commissioner has not given the applicant before that time written notice that the Commissioner endorses or refuses to endorse the applicant.
Note:
Section
426-25
requires the Commissioner to give the applicant written notice if the Commissioner endorses or refuses to endorse the applicant.
426-20(3)
The time is the end of the 60th day after the application was made. However, if before that time the Commissioner requires the applicant under subsection (1) to give information or a document, the time is the later of the following (or either of them if they are the same):
(a)
the end of the 28th day after the last day on which the applicant gives the Commissioner information or a document he or she has required;
(b)
the end of the 60th day after the application was made.
426-20(4)
If the applicant gives notice under subsection (2), section
426-35
operates as if the Commissioner had refused the application on the day on which the notice is given.
Note:
Section
426-35
lets the applicant object against refusal of an application in the manner set out in Part
IVC
of this Act. That Part provides for review of the refusal objected against.
426-20(5)
The notice given by the applicant:
(a)
may be *lodged electronically; and
(b)
must be signed for the applicant, or include the applicant
'
s *electronic signature if the application is *lodged electronically.
History
S 426-20 inserted by No 95 of 2004. For transitional provision, see note under Part
5-35
heading.