Tax Laws Amendment (2012 Measures No. 2) Act 2012 (99 of 2012)
Schedule 1 Companies' non-compliance with PAYG withholding and superannuation guarantee obligations
Part 1 Recovery of penalties
Division 3 Remission of penalties
Taxation Administration Act 1953
8 Section 269-30 in Schedule 1
Repeal the section, substitute:
269-30 Effect on penalty of directors’ obligation ending before end of notice period
(1) Subject to subsection (2), a penalty of yours under this Division is remitted if the directors of the company stop being under the relevant obligation under section 269-15:
(a) before the Commissioner gives you notice of the penalty under section 269-25; or
(b) within 21 days after the Commissioner gives you notice of the penalty under that section.
(2) The following table has effect:
|
When appointing administrator or winding up company does not affect penalty |
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|---|---|---|---|
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Item |
Column 1 If the company’s obligation is to pay to the Commissioner, on or before the due day … |
Column 2 and, because of paragraph 269-15(2)(b) or (c) (an administrator is appointed or the company begins to be wound up), the directors stop being under the relevant obligation after the last day of the 3 months after … |
Column 3 subsection (1) does not apply … |
|
1 |
an amount in accordance with Subdivision 16-B (obligation to pay withheld amounts to the Commissioner), |
the due day, |
to the extent the company does not, on or before the last day mentioned in column 2, notify the Commissioner under section 16-150 of the amount the company is obliged to pay. |
|
2 |
the amount of an estimate under Division 268 (estimates of PAYG withholding liabilities and superannuation guarantee charge), |
the day by which the company was obliged to pay the underlying liability to which the estimate relates, |
to any extent. |
Note: An administrator of the company being appointed, or the company beginning to be wound up, after the last day mentioned in column 2 will, to the extent mentioned in column 3, have no effect on the penalty.
(3) If you become a director of the company during or after the 3 months mentioned in column 2, treat the reference in the column to the 3 months as being a reference to the 3 months after the day you become a director of the company.