SALES TAX ASSESSMENT ACT 1992 (Repealed)

PART 11 - MISCELLANEOUS

Division 2 - Special obligations etc. for particular taxpayers and other persons

SECTION 122 (Repealed by 101 of 2006)   SPECIAL OBLIGATIONS FOR AGENTS AND TRUSTEES  

122(1)  [Agents or trustees]  

This section sets out special obligations that apply to a person ( ``the representative'' ) who is an agent or trustee.

122(2)  [Obligations of agents or trustees]  

The representative has the following obligations:

(a)  the representative is answerable as taxpayer for doing all the things that the sales tax law requires to be done in relation to assessable dealings;

(b)  the representative must provide any returns or other information that this Act requires concerning the dealings;

(c)  the representative is liable to the tax on the dealings, but only in a representative capacity.

122(3)  [Payment of tax by agents or trustees]  

The representative must retain sufficient money to pay the tax out of any money that the representative holds in a representative capacity. The representative is indemnified for payments that the representative makes under the sales tax law in a representative capacity.

122(4)  [Agents or trustees may be personally liable]  

If the representative, without the permission of the Commissioner, disposes of money that the representative was required by subsection (3) to retain, the representative is personally liable to pay any tax that remains unpaid. This liability is limited to the amount that the representative disposed of in contravention of subsection (3).

122(5)  [Commissioner's remedies for ensuring payment]  

For the purpose of ensuring payment of the tax, the Commissioner has the same remedies against attachable property under the control of the representative as the Commissioner has against the property of any other taxpayer.

122(6)  [Agents' or trustees' obligation not reduced]  

This section does not reduce any obligation or liability of the representative that arises outside this section.

122(7)  [Interpretation]  

In this section:

``agent'' includes a person in Australia who manages or controls any business or property for another person who is outside Australia;

``tax'' includes penalty under Part 9 and late-payment penalty.