A New Tax System (Pay As You Go) Act 1999 (178 of 1999)
Schedule 1 Pay as you go (PAYG) system of collecting income tax and other liabilities
Part 2 Consequential amendment of Acts
Income Tax Assessment Act 1997
6 Section 28-185
Repeal the section, substitute:
28-185 Application of Subdivision 28-J to recipients and payers of certain withholding payments
Application to recipients
(1) If an individual receives, or is entitled to receive, *withholding payments covered by subsection (3), this Subdivision applies to him or her:
(a) in the same way as it applies to an employee; and
(b) as if an entity (a notional employer ) that makes (or is liable to make) such payments to him or her were his or her employer; and
(c) as if any other individual who receives, or is entitled to receive, such payments from a notional employer were also an employee of the notional employer.
Application to payers
(2) This Division applies to an entity that makes, or is liable to make, *withholding payments covered by subsection (3):
(a) in the same way as it applies to an employer; and
(b) as if an individual to whom the entity makes (or is liable to make) such payments were the entity's employee.
Withholding payments covered
(3) This subsection covers a *withholding payment covered by any of the provisions in Schedule 1 to the Taxation Administration Act 1953 listed in the table.
Withholding payments covered |
||
---|---|---|
Item |
Provision |
Subject matter |
1 |
Section 12-35 |
Payment to employee |
2 |
Section 12-40 |
Payment to company director |
3 |
Section 12-45 |
Payment to office holder |
4 |
Section 12-50 |
Return to work payment |
5 |
Subdivision 12-C |
Retirement payments, eligible termination payments and annuities |
6 |
Subdivision 12-D |
Benefit and compensation payments |