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 5-45
-
APPLICATION OF TAXATION LAWS TO CERTAIN ENTITIES
Division 444
-
Obligations of entities on behalf of other entities
History
Div 444 substituted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006. Div 444 formerly read:
Division 444
-
Entities that are not legal persons
SECTION 444-5 PARTNERSHIPS
444-5(1)
This Schedule applies to a partnership as if the partnership were a person, but with the changes set out in this section.
444-5(2)
An obligation that this Schedule would otherwise impose on the partnership:
(a)
is imposed instead on each partner; but
(b)
may be discharged by any of the partners.
444-5(3)
The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Schedule.
History
S 444-5 inserted by No 179 of 1999.
SECTION 444-10 UNINCORPORATED COMPANIES
444-10
An obligation that this Schedule would otherwise impose on a company that is not incorporated:
(a)
is imposed instead on each member of the company
'
s committee of management; but
(b)
may be discharged by any of those members.
History
S 444-10 inserted by No 179 of 1999.
SECTION 444-15 SUPERANNUATION FUNDS
444-15
If a *superannuation fund does not have a trustee of the fund, this Schedule applies to the fund as if:
(a)
the person who manages the fund were the trustee of the fund; or
(b)
each of the persons who manage the fund were a trustee of the fund.
Note:
The trustee of a superannuation fund is an entity. See subsection
960-100(2)
of the
Income Tax Assessment Act 1997
.
History
S 444-15 inserted by No 179 of 1999.
Subdivision 444-D
-
Incapacitated entities
History
Subdiv 444-D inserted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006.
SECTION 444-70
REPRESENTATIVES OF INCAPACITATED ENTITIES
444-70(1)
If:
(a)
there are, at the same time, 2 or more *representatives of the same *incapacitated entity; and
(b)
the representatives were not appointed to act in different capacities as representatives;
the representatives are jointly and severally liable to pay any amount that is payable under an *indirect tax law by any of the representatives in relation to that same incapacitated entity.
History
S 444-70(1) amended by No 96 of 2014, s 3 and Sch 1 item 107, by omitting
"
or the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-70(1) amended by No 14 of 2012, s 3 and Sch 1 item 43, by inserting
"
or the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
S 444-70(1) substituted by No 118 of 2009, s 3 and Sch 1 item 49, effective 4 December 2009. S 444-70(1) formerly read:
444-70(1)
If there are 2 or more *representatives of the same *incapacitated entity, the representatives are jointly and severally liable to pay any amount that is payable under an *indirect tax law by any of the representatives in relation to that same incapacitated entity.
444-70(2)
If:
(a)
there are, at the same time, 2 or more *representatives of the same *incapacitated entity; and
(b)
the representatives were not appointed to act in different capacities as representatives;
any offence against an *indirect tax law that is committed by one of the representatives is taken to have been committed by each of the representatives.
History
S 444-70(2) amended by No 96 of 2014, s 3 and Sch 1 item 107, by omitting
"
or the *MRRT law
"
after
"
*indirect tax law
"
, effective 30 September 2014. For transitional provisions see note under Pt
3-15
heading.
S 444-70(2) amended by No 14 of 2012, s 3 and Sch 1 item 43, by inserting
"
or the *MRRT law
"
, effective 1 July 2012. For application and transitional provisions see note under Part 3-15 heading.
S 444-70(2) substituted by No 118 of 2009, s 3 and Sch 1 item 49, effective 4 December 2009. S 444-70(2) formerly read:
444-70(2)
If there are 2 or more *representatives of the same *incapacitated entity, any offence against an *indirect tax law that is committed by one of the representatives is taken to have been committed by each of the representatives.
444-70(3)
In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (2), it is a defence if the entity proves that the entity:
(a)
did not aid, abet, counsel or procure the relevant act or omission; and
(b)
was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).
Note 1:
The defence in subsection (3) does not apply in relation to offences under Part 2.4 of the
Criminal Code.
Note 2:
A defendant bears a legal burden in relation to the matters in subsection (3): see section 13.4 of the
Criminal Code.
History
S 444-70 inserted by
No 73 of 2006
, s 3 and Sch 5 item 52, effective 1 July 2006.