Tax Laws Amendment (2012 Measures No. 3) Act 2012 (58 of 2012)
Schedule 1 Seasonal Labour Mobility Program
Income Tax Assessment Act 1997
5 At the end of Division 840
Add:
Subdivision 840-S - Seasonal Labour Mobility Program withholding tax
Guide to Subdivision 840-S
840-900 What this Subdivision is about
If you are a foreign resident who is employed under the Seasonal Labour Mobility Program, you may be liable to pay income tax on the salary, wages etc. paid to you under that program.
Amounts on which there is a liability to pay the tax are non-assessable non-exempt income.
Table of sections
Operative provisions
840-905 Liability for Seasonal Labour Mobility Program withholding tax
840-910 When Seasonal Labour Mobility Program withholding tax is payable
840-915 Certain income is non-assessable non-exempt income
840-920 Overpayment of Seasonal Labour Mobility Program withholding tax
Operative provisions
840-905 Liability for Seasonal Labour Mobility Program withholding tax
You are liable to pay income tax at the rate declared by the Parliament on income:
(a) that is salary, wages, commission, bonuses or allowances paid to you as an employee of an Approved Employer under the Seasonal Labour Mobility Program; and
(b) that you *derive at a time when:
(i) you are a foreign resident; and
(ii) you hold a Special Program Visa (subclass 416).
Note 1: The tax, which is called Seasonal Labour Mobility Program withholding tax, is imposed by the Income Tax (Seasonal Labour Mobility Program Withholding Tax) Act 2012 and the rate of the tax is set out in that Act.
Note 2: See Subdivision 12-FC in Schedule 1 to the Taxation Administration Act 1953 for provisions dealing with withholding from the salary, wages etc. You are entitled to a credit under section 18-33 in that Schedule for amounts withheld from your salary, wages etc. under that Subdivision.
840-910 When Seasonal Labour Mobility Program withholding tax is payable
(1) *Seasonal Labour Mobility Program withholding tax is due and payable by you at the end of 21 days after the end of the income year in which you *derived the income to which the tax relates.
(2) If any of the *Seasonal Labour Mobility Program withholding tax that you are liable to pay remains unpaid after the time by which it is due to be paid, you are liable to pay the *general interest charge on the unpaid amount for each day in the period that:
(a) starts at the beginning of the day by which the withholding tax was due to be paid; and
(b) ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the withholding tax;
(ii) general interest charge on any of the withholding tax.
Note: The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.
(3) The Commissioner may give you a notice specifying:
(a) the amount of any *Seasonal Labour Mobility Program withholding tax that the Commissioner has ascertained is payable by you; and
(b) the day on which that tax became due and payable.
(4) The ascertainment of an amount of *Seasonal Labour Mobility Program withholding tax is not an assessment for the purposes of this Act.
(5) The production of a notice given under subsection (3), or of a copy of it certified by or on behalf of the Commissioner, is, except in proceedings under Part IVC of this Act on a review or appeal relating to the notice, conclusive evidence that the notice was given and of the particulars in it.
(6) You may object, in the manner set out in Part IVC of the Taxation Administration Act 1953, against a notice given to you under subsection (3) of this section, if you are dissatisfied with the notice.
840-915 Certain income is non-assessable non-exempt income
An amount on which *Seasonal Labour Mobility Program withholding tax is payable is not assessable income and is not *exempt income.
840-920 Overpayment of Seasonal Labour Mobility Program withholding tax
If *Seasonal Labour Mobility Program withholding tax has been overpaid:
(a) the Commissioner must refund the amount overpaid; and
(b) the employee is not entitled to a credit under section 18-33 in Schedule 1 to the Taxation Administration Act 1953 in respect of the amount overpaid.