Income Tax Assessment Act 1936
View history note
Hide history noteThe objects of this Part are, by means of the establishment of a system of tax file numbers: (a) to increase the effectiveness and efficiency of the matching of information contained in reports given to the Commissioner under this Act or the regulations with information disclosed in income tax returns by taxpayers; and (b) to prevent evasion of liability to taxation under the laws of the Commonwealth relating to income tax; and (c) to facilitate the administration of any legislation enacted by the Parliament under which benefits are provided by the Commonwealth to students in relation to contributions or charges payable by students in respect of the costs of courses of study provided by institutions of higher education or vocational education and training, or in respect of the costs of other services and amenities available to students in connection with such institutions; and (d) to facilitate the administration of any legislation enacted by the Parliament to impose charge equal to any shortfall in the amount spent by employers on training employees; and (e) to facilitate the administration of a provision of an Act, being a provision which authorises the collection of a tax file number as a condition to the giving of personal assistance within the meaning of the Data-matching Program (Assistance and Tax) Act 1990 ; and (f) to facilitate the administration of the Data-matching Program (Assistance and Tax) Act 1990 ; and (g) to facilitate the administration of any legislation enacted by the Parliament in relation to the imposition of charge on an employer ' s superannuation guarantee shortfall; and (ga) to facilitate the administration of the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 ; and (gaa) to facilitate the administration of Part 2 of the Student Assistance Act 1973 , which deals with ABSTUDY student start-up loans and debts in relation to those loans; and (h) to facilitate the administration of Division 6 of Part 4A of the Student Assistance Act 1973 ; and
(haa) (Repealed by No 143 of 2015) (hab) to facilitate the administration of Chapter 2AA of the Social Security Act 1991 , which deals with student start-up loans and debts in relation to those loans; and (hac) to facilitate the administration of the Australian Apprenticeship Support Loans Act 2014 ; and (ha) to facilitate the administration of:
(i) Part 2B.3 of the Social Security Act 1991 ; or
(hb) to facilitate the administration of Part 3.18 of the Social Security Act 1991 ; and (hc) to facilitate the administration of Division 11A of Part IIIB of the Veterans ' Entitlements Act 1986 ; and
(ii) a provision of an instrument under Chapter 2B of the Social Security Act 1991 (as in force before the commencement of Schedule 2 to the Youth Allowance Consolidation Act 2000 ) establishing a Student Financial Supplement Scheme, being a provision relating to the recovery through the taxation system of a student ' s outstanding indebtedness in respect of financial supplement paid to the student in accordance with the Scheme; and
(i) to facilitate:
(i) the administration of Part 25A of the Superannuation Industry (Supervision) Act 1993 in relation to individuals; and
(ia) to facilitate the administration of the Superannuation (Unclaimed Money and Lost Members) Act 1999 (including the administration of registers by State or Territory authorities (within the meaning of that Act) in accordance with section 18 of that Act); and (j) to facilitate the administration of the Small Superannuation Accounts Act 1995 ; and
(ii) the administration of that Act in relation to superannuation entities (within the meaning of that Act) or regulated exempt public sector superannuation schemes (within the meaning of Part 25A of that Act); and
(k) (Repealed by No 128 of 1999) (ka) to facilitate:
(i) the administration of Part 11 of the Retirement Savings Accounts Act 1997 in relation to individuals; and
(ii) the administration ofthat Act in relation to RSA providers; and
(kb) (Repealed by No 70 of 2015) (l) to facilitate the administration of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 and the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 ; and (la) to facilitate the administration of the Paid Parental Leave Act 2010 ; and (m) to facilitate the administration of the A New Tax System (Family Assistance) (Administration) Act 1999 and section 5 of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 ; and
(n) (Repealed by No 145 of 2010) (o) to facilitate the administration of section 204A of the Social Security (Administration) Act 1999 ; and (p) to facilitate the administration of the fuel tax law (within the meaning of section 110-5 of the Fuel Tax Act 2006 ); and (q) to facilitate the administration of Division 2AA of Part II of the Banking Act 1959 ; and (r) to facilitate investigations under the Inspector-General of Taxation Act 2003 (and provisions of the Ombudsman Act 1976 to the extent that they are applied by the Inspector-General of Taxation Act 2003 ); and (s) to facilitate the administration of Subdivision 14-D in Schedule 1 to the Taxation Administration Act 1953 ; and (sa) to facilitate the administration of the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and (t) to facilitate the administration of the Migration Act 1958 ; and (u) to facilitate the administration of Part 9.1A of the Corporations Act 2001 and Part 6-7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
In this Part, unless the contrary intention appears:
alienated personal services payment
has the meaning given by section
13-10
in Schedule
1
to the
Taxation Administration Act 1953
.
applicant
, in relation to an application for the issue of a tax file number, means the person specified in the application as the person by whom or on whose behalf the issue of a tax file number is sought;
approved form
(Repealed by Act No 12 of 2012)
(a) the Reserve Bank of Australia;
(b) a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 ; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
building society
(Repealed by Act No 44 of 1999)
child
means a person who is less than 16 years of age.
co-operative housing society
means a society registered or incorporated as a co-operative housing society or similar society under a law of a State or Territory.
credit union
(Repealed by Act No 44 of 1999)
data processing device
means any article or material from which information is capable of being reproduced with or without the aid of any other article or device.
(a) a payment from which an amount must be withheld under Subdivision 12-B (other than section 12-55 ), Subdivision 12-C or Subdivision 12-D in Schedule 1 to the Taxation Administration Act 1953 ; or
(aa) an alienated personal services payment in respect of which Division 13 in Schedule 1 to the Taxation Administration Act 1953 requires an amount to be paid to the Commissioner; or
(b) a non-cash benefit in respect of which an amount is payable to the Commissioner under section 14-5 in Schedule 1 to the Taxation Administration Act 1953 because of the application of that section in relation to Subdivision 12-B , 12-C or 12-D of that Schedule;
and has a meaning affected by section 202AA .
employee
(Repealed by Act No 179 of 1999)
employer
(Repealed by Act No 179 of 1999)
employment declaration
(Repealed by Act No 179 of 1999)
entity
means a body corporate or unincorporated association, but does not include a natural person or a partnership;
(a) a bank; or
(b) a co-operative housing society.
(c) (Repealed by Act No 44 of 1999)
government body
means the Commonwealth, a State, a Territory or an authority of the Commonwealth or of a State or Territory.
interest-bearing account
means any facility, other than an RSA, by which a financial institution:
(a) does any one or more of the following:
(i) accepts deposits of money to the credit of a person;
(ii) allows withdrawals from the money deposited;
(iii) pays cheques or payment orders drawn on the institution by, or collects cheques or payment orders on behalf of, the person; and
(b) pays or credits interest, or amounts in the nature of interest, on the balance standing to the credit of the person from time to time.
interest-bearing deposit
means a deposit of money, other than into an RSA, with a financial institution, in consideration of which the financial institution pays or credits interest, or amounts in the nature of interest, to a person.
investment body
means a person who is an investment body within the meaning of section
202D
.
investment to which this Part applies
means an investment of a kind mentioned in section
202D
.
investor
means a person who is an investor within the meaning of section
202D
.
passport
(Repealed by No 122 of 2015)
(a) a person who makes an eligible PAYG payment (other than an alienated personal services payment), or is likely to make such a payment; or
(b) a person who receives an alienated personal services payment, or is likely to receive such a payment.
person
includes a partnership, a company and a person in the capacity of trustee of a trust estate.
public company
means a public company within the meaning of the
Corporations Act 2001
.
recently-arrived visitor to Australia
(Omitted by No 57 of 1990)
(a) a person who receives an eligible PAYG payment (other than an alienated personal services payment), or is likely to receive such a payment; or
(b) a person in relation to whose personal services income (within the meaning of the Income Tax Assessment Act 1997 ) a payer receives an alienated personal services payment, or is likely to receive such a payment.
securities dealer
has the same meaning as in the
Income Tax Assessment Act 1997
.
solicitor
means a solicitor, barrister and solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.
tax file number
, in relation to a person, means a number issued to the person by the Commissioner, being a number that is either:
(a) a number issued to the person under Division 2 ; or
(aa) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988 ; or
(b) a number notified, before the commencement of this section, to the person as the person ' s income tax file number.
TFN declaration
means a declaration made for the purposes of section
202C
.
unit trust
means a trust to which a unit trust scheme relates, and includes:
(a) a cash management trust;
(b) a property trust;
(c) an arrangement declared by the Minister under section 202AB to be a unit trust for the purposes of this definition;
but does not include any arrangement declared by the Minister under section 202AB not to be a unit trust for the purposes of this definition.
unit trust scheme
means an arrangement made for the purpose, or having the effect, of providing, for a person who has funds available for investment, facilities for participation by the person, as a beneficiary under a trust, in any profit or income arising from the acquisition, holding, management or disposal of property under the trust.
In applying the definition of eligible PAYG payment in section 202A :
(a) a requirement to withhold a nil amount is treated as a requirement to withhold an amount; and
(b) a requirement to pay a nil amount to the Commissioner is treated as a requirement to pay an amount to the Commissioner; and
(c) the following provisions in Schedule 1 to the Taxation Administration Act 1953 are to be disregarded, namely: section 12-1 , subsection 12-45(2) , subsection 12-110(2) and subsection 12-115(2) .
The Minister may, by legislative instrument, declare that an arrangement is, or is not, a unit trust for the purposes of the definition of that term in section 202A .
A person may apply to the Commissioner for the issue of a tax file number.
202B(2)
An application must be in the approved form. The approved form may require the application to include documentary evidence of the applicant ' s identity.
202B(3)
(Repealed by No 64 of 2020)
202B(4)
(Repealed by No 64 of 2020)
SECTION 202BA ISSUING OF TAX FILE NUMBERS 202BA(1) [When tax file number may be issued]
Subject to subsection (3), if, on an application for a tax file number, the Commissioner is satisfied that the applicant's identity has been established, the Commissioner shall issue a tax file number to the applicant.
202BA(2) [Refusal of application where identity in doubt]If, on such an application, the Commissioner is not satisfied as to the applicant's true identity, the Commissioner may refuse the application.
202BA(3) [Other grounds for refusal]If, on such an application, the Commissioner is satisfied that:
(a) the applicant already has a tax file number; or
(b) a notice under section 202BD in relation to the applicant is in force;
the Commissioner shall refuse the application.
202BA(4) [Tax file number issued without application]The Commissioner may, without an application being made, issue a tax file number to a person whenever it is necessary to do so in connection with the performance of a function of the Commissioner under a law of the Commonwealth relating to taxation.
202BA(5) [Notice of number]The Commissioner shall issue a tax file number to a person by giving the person a written notice of the number.
202BA(6) [Notice of refusal]The Commissioner shall refuse an application for a tax file number by giving the applicant a written notice of the refusal and of the reasons for the refusal.
On the issue of a tax file number to a person, any tax file number previously issued to the person and not already cancelled or withdrawn ceases to have effect.
If the Commissioner has not decided an application for a tax file number within 28 days after the application is made, the applicant may, at any time, give to the Commissioner written notice that the applicant wishes to treat the application as having been refused.
202BC(2) [Where sec 202BC(1) inapplicable]If in the application the applicant has stated the name and address of one or more payers of the applicant, subsection (1) does not apply at a particular time if at that time a notice has been issued to each such payer under section 202BD in relation to the applicant and each such notice is in force.
For the purposes of Division 6 , where an applicant gives notice under subsection (1), the Commissioner shall be taken to have refused the application for a tax file number on the day on which the notice was given.
Where an application for a tax file number states the name and address of a payer of the applicant, the Commissioner may give to the payer a notice under this section in relation to the applicant.
202BD(2)
The notice remains in force for the period of 28 days commencing on the day specified in the notice.
202BD(3)
The notice shall specify:
(a) the applicant's name as shown in the application; and
(b) the last day of the period for which the notice remains in force.
202BD(4)
On giving the notice, the Commissioner shall inform the applicant that the notice has been given.
202BD(5)
The notice may be given to take effect on the expiration of a notice previously given to the payer under this section in relation to the applicant.
202BD(6)
Where, while an application for a tax file number is pending, the applicant notifies the Commissioner, in writing, of the name and address of a payer of the applicant (being a payer whose name and address is not stated on the application), the payer's name and address shall, at the end of the period of 7 days after the notification, be taken to have been stated on the application.
Where the Commissioner concludes that a tax file number was issued to a person under an identity that is not the person's true identity, the Commissioner may, by written notice given to the person, cancel the tax file number.
202BE(2) [Reasons for cancellation]The Commissioner shall set out in the notice the reasons for the Commissioner's conclusion.
The Commissioner may, at any time, by written notice given to a person who has a tax file number:
(a) withdraw that number; and
(b) issue to the person a new tax file number in place of the withdrawn number.
A person who is a recipient of a payer, or expects to become a recipient of a payer, may make a TFN declaration in relation to the payer.
202C(2)
To be effective, the declaration must be made to the payer or the Commissioner, and must be made in the approved form.
Subject to this Division, a TFN declaration commences to have effect when it is made.
Note:
Under section 202CB , a TFN declaration is not effective unless the tax file number of the recipient is stated in the declaration.
202CA(1A)
A TFN declaration ceases to have effect when the recipient makes another TFN declaration in relation to the payer.
202CA(1B)
A TFN declaration ceases to have effect 12 months after it is made if no eligible PAYG payment is made by the payer to the recipient during that 12 month period.
202CA(1C)
If:
(a) the payer makes an eligible PAYG payment to the recipient after the TFN declaration is made; and
(b) a period of 12 months then elapses without any further eligible PAYG payment being made by the payer to the recipient;
then the TFN declaration ceases to have effect at the end of that period of 12 months.
202CA(2)
A TFN declaration to which a determination under subsection (3) applies ceases to have effect at the end of the day fixed by the determination.
202CA(3)
The Commissioner may, by legislative instrument, determine that:
(a) all TFN declarations; or
(b) a specified class of TFN declarations;
shall cease to have effect at the end of the day specified in the determination.
202CA(4)
(Repealed by No 64 of 2020)
SECTION 202CB QUOTATION OF TAX FILE NUMBER IN TFN DECLARATION 202CB(1)
Subject to subsections (2) and (4) and subsection 202CE(2) , a TFN declaration is not effective for the purposes of this Part unless the tax file number of the recipient is stated in the declaration.
202CB(2)
For the purposes of this Part, a recipient is taken to have stated his or her tax file number in a TFN declaration if the declaration includes a statement: (a) that an application by the recipient for a tax file number is pending; or (b) that the recipient has a tax file number but does not know what it is and has asked the Commissioner to inform him or her of the number.
202CB(3)
Where: (a) a TFN declaration includes such a statement; and (b) the recipient who made the declaration fails to inform the payer of the recipient ' s tax file number within 28 days after making the declaration;
subsection (2) does not apply to the declaration in respect of any time after the end of the period of 28 days.
202CB(4)
For the purposes of this Part, a recipient is taken to have stated his or her tax file number in a TFN declaration in relation to a payer while a notice under section 202BD given to the payer in relation to the recipient is in force.
202CB(5)
If: (a) the tax file number of a recipient is withdrawn under section 202BF ; and (b) at the time of the withdrawal, the number is stated in a TFN declaration;
the declaration is taken to state the tax file number of the recipient in spite of the withdrawal of the number.
202CB(6)
Subsections (2) to (4) do not apply to a TFN declaration given to the Student Assistance Secretary, to the Employment Secretary or to the Chief Executive Centrelink: (a) by a person who is an applicant for an austudy payment, a jobseeker payment or a youth allowance under the Social Security Act 1991 ; or (aaa) by a person who is not a member of a couple and is an applicant for a parenting payment under the Social Security Act 1991 ; or
(aa) (Repealed by Act No 45 of 1998) (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, a payment referred to in paragraph (a) .
202CB(7) Persons receiving benefits under Veterans ' Entitlements Act.
Subsections (2) to (4) do not apply to a TFN declaration given to the Veterans ' Affairs Secretary:
(a) by a person who is an applicant for a pension or allowance under the Veterans ' Entitlements Act 1986 ; or (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, a pension, veteran payment (within the meaning of that Act) or allowance under that Act.Subsections (2) to (4) do not apply to a TFN declaration given to the Military Rehabilitation and Compensation Commission:
(a) by a person who is an applicant for compensation or an allowance under the Military Rehabilitation and Compensation Act 2004 ; or (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, such compensation or allowance.Nothing in this Division prevents a recipient making a new TFN declaration in place of a TFN declaration that is ineffective under subsection 202CB(1) .
Where a recipient gives a payer a TFN declaration, the payer shall:
(a) countersign the original of the declaration;
(b) within 14 days after the declaration is made, send the original to the office of a Deputy Commissioner; and
(c) retain the copy of the declaration in accordance with subsection (6).
Penalty: 10 penalty units.
(Repealed by No 179 of 1999)
202CD(3)
(Repealed by No 179 of 1999)
202CD(4) [Where tax file number not quoted]
(a) a TFN declaration, when given to a payer, does not quote the recipient's tax file number; and
(b) before the payer sends the declaration to the Deputy Commissioner, the recipient informs the payer of the recipient's tax file number;
the payer shall write the number on the declaration and on the copy.
Penalty: 10 penalty units.
Where a tax file number has been written on a declaration under subsection (4), the declaration shall be regarded as stating that number as the tax file number of the recipient who made the declaration.
A payer who fails to comply with subsection (1) or (4) is liable to pay to the Commissioner a penalty of 10 penalty units.
Note 1:
See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Note 2:
Division 298 in Schedule 1 to the Taxation Administration Act 1953 contains machinery provisions relating to civil penalties.
The payer shall retain the copy of a TFN declaration until the second 1 July after the day on which the declaration ceases to have effect.
If the Commissioner is satisfied: (a) that the tax file number stated in a TFN declaration:
(i) has been cancelled or withdrawn since the declaration was given; or
(b) that the recipient has a tax file number;
(ii) is otherwise wrong; and
the Commissioner may give to the payer concerned written notice of the incorrect statement and the recipient ' s tax file number.
202CE(2)
If a notice is given under subsection (1) , the TFN declaration shall be regarded, for the purposes of this Part, as having always stated the recipient ' s tax file number.
202CE(3)
If: (a) the Commissioner is satisfied that the tax file number stated in a TFN declaration:
(i) has been cancelled since the declaration was given; or
(b) the Commissioner is not satisfied that the recipient has a tax file number;
(ii) is for any other reason not the recipient ' s tax file number; and
the Commissioner may, by written notice given to the payer, inform the payer accordingly.
202CE(4)
A notice under subsection (3) takes effect on the day specified in the notice, being a day not earlier than the day on which a copy of the notice is given to the recipient under subsection (5) .
202CE(5)
The Commissioner shall give a copy of any notice under subsection (3) to the recipient concerned, together with a written statement of the reasons for the decision to give the notice.
202CE(6)
On and from the day on which a notice under subsection (3) takes effect, the TFN declaration concerned shall be taken not to state the tax file number of the recipient concerned.
202CE(7)
Subsection (6) does not apply to a TFN declaration given to the Employment Secretary or to the Chief Executive Centrelink: (a) by a person who is an applicant for an austudy payment, a jobseeker payment or a youth allowance under the Social Security Act 1991 ; or (aaa) by a person who is not a member of a couple and is an applicant for a parenting payment under the Social Security Act 1991 ; or
(aa) (Repealed by Act No 45 of 1998) (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, a payment referred to in paragraph (a) .
202CE(8) Persons receiving benefits under Veterans ' Entitlements Act.
Sub-section (6) does not apply to a TFN declaration given to the Veterans ' Affairs Secretary:
(a) by a person who is an applicant for a pension or allowance under the Veterans ' Entitlements Act 1986 ; or (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, a pension, veteran payment (within the meaning of that Act) or allowance under that Act.Subsection (6) does not apply to a TFN declaration given to the Military Rehabilitation and Compensation Commission: (a) by a person who is an applicant for compensation or an allowance under the Military Rehabilitation and Compensation Act 2004 ; or (b) by a person who is a recipient for the purposes of this Part because the person receives, or expects to receive, such compensation or allowance.
SECTION 202CEA VALIDATION NOTICES 202CEA(1)
The Commissioner may give a payer a notice under subsection (2) if:
(a) the payer gives the Commissioner information that the payer believes to be:
(i) the full name, tax file number and date of birth of a person; or
(ii) the full name, tax file number, date of birth and address of a person; and
(b) the Commissioner is satisfied that:
(i) the person is a recipient of the payer; and
(ii) the recipient has made a TFN declaration in relation to the payer; and
(c) the Commissioner is satisfied, having regard to the information (if any) that the Commissioner has recorded for the tax file number given, that it is reasonable to give the notice.
202CEA(2)
The notice must state whether or not the Commissioner is able to validate the information given.
202CEA(3)
To avoid doubt, a notice that the Commissioner is not able to validate the information is not a notice under subsection 202CE(3) .
202CEA(4)
If a person states his or her tax file number in a TFN declaration in relation to the payer, the payer may use the tax file number in a manner connecting it with the person ' s identity for the purpose of asking the Commissioner to validate information about the person under this section.
If, after the commencement of this section, a person (the payer ) commences a relationship with another person under which, or as a result of which, the payer will make (or will be likely to make) eligible PAYG payments to a person (the recipient ), whether or not the recipient is a party to the relationship, the payer must give notice to the Commissioner in the approved form, within 14 days after the commencement of the relationship, unless a TFN declaration made by the recipient to the payer is in effect at the end of that 14 day period.
202CF(1A)
However, subsection (1) does not apply if the recipient ' s tax file number has been disclosed to the payer under section 202CG before the end of that 14 day period.
202CF(2)
If, at the commencement of this section, a person (the payer ) has a relationship with another person under which, or as a result of which, the payer will make (or will be likely to make) eligible PAYG payments to a person (the recipient ), whether or not the recipient is a party to the relationship, the payer must give notice to the Commissioner in the approved form, not later than 31 October 2000, unless a TFN declaration made by the recipient to the payer is in effect on 31 October 2000.
202CF(3)
A payer who fails to comply with subsection (1) or (2) is liable to pay to the Commissioner a penalty of 10 penalty units.
Note 1:
See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Note 2:
Division 298 in Schedule 1 to the Taxation Administration Act 1953 contains machinery provisions relating to civil penalties.
A taxation officer (within the meaning of the Income Tax Assessment Act 1997 ) may disclose a recipient ' s tax file number to a payer of the recipient if:
(a) the recipient provided the number in a TFN declaration to the Commissioner in relation to the payer; or
(b) the recipient made a TFN declaration to the Commissioner in relation to the payer that included a statement referred to in subsection 202CB(2) .
This section:
(a) applies to a non-share equity interest in the same way as it applies to a share; and
(b) applies to an equity holder in the same way as it applies to a shareholder.
202D(1)
Investments of the kinds mentioned in column 1 of the following table are investments to which this Part applies, whether or not the investments come into existence before the commencement of this section.
|
Item
No. |
Column 1
Investment |
Column 2
Investor |
Column 3
Investment body |
|
| 1 | Interest-bearing account with a financial institution | The person in whose name the account is held | The financial institution | |
| 2 | Interest-bearing deposit (other than a deposit to the credit of an account) with a financial institution | The person in whose name the deposit is made | The financial institution | |
| 3 | Loan of money to a government body or to a body corporate (other than a deposit to the credit of an account referred to in item 1, a deposit to which item 2 applies or a loan made in the ordinary course of the business of providing business or consumer finance by a person who carries on that business) | The person in whose name the money is lent | The government body or body corporate | |
| 4 | Deposit of money with a solicitor for the purpose of: | The person for whose benefit the money is to be invested or lent | The solicitor | |
| (a) | being invested by the solicitor; or | |||
| (b) | being lent under an agreement to be arranged by or on behalf of the solicitor | |||
| 5 | Units in a unit trust | The person in whose name the units are held | The manager of the unit trust | |
| 6 | Shares in a public company | The shareholder | The company | |
| 7 | An investment-related betting chance | The betting investor | The betting investment body |
202D(2)
In relation to an investment of a kind mentioned in column 1 of an item in the table in subsection (1):
(a) the investor is the person specified in column 2 of the item; and
(b) the investment body is the person specified in column 3 of the item.
202D(3)
Where:
(a) by virtue of subsection (2), a body corporate other than an entrepot nominee company is the investor in relation to an investment; and
(b) another person is entitled to receive from the body corporate all or part of the income from the investment;
the person's right to receive the income or part of the income is an investment to which this Part applies.
202D(3A)
In the case of an investment that is a relevant Part VA investment for the purposes of section 221YHZLA , subsection (3) does not apply to a person's right to receive income if:
(a) the body corporate concerned has received a payment of the kind referred to in paragraph 221YHZLA(2)(a) ; and
(b) the circumstances referred to in subparagraph 221YHZLA(2)(c)(i) or (ii) in relation to an applicant exist in relation to the body corporate.
202D(4)
In relation to an investment referred to in subsection (3):
(a) the person entitled to receive income is the investor; and
(b) the body corporate is the investment body.
202D(5)
Subsection (4) does not affect a person's status or obligations as an investor by virtue of subsection (2).
202D(6)
In determining whether a person in the capacity of trustee of a trust estate is an investor in relation to an investment, it is irrelevant that the name of the trust estate, the name of any actual or potential beneficiary or any other indication of trust is shown on any documentation in connection with the investment.
202D(7)
Subsection (6) is enacted for the guidance and information of investors and investment bodies and does not, by implication, affect the meaning of other provisions of this Act dealing with trustees and trust estates.
202D(8)
If subparagraph 26AJ(1)(a)(ii) and paragraphs 26AJ(1)(b), (c), (d), (e), (f) and (g) apply in relation to the payment or crediting of an amount to a person, being the taxpayer referred to in subsection 26AJ(1) , then:
(a) for the purposes of this section:
(i) the betting chance referred to in paragraph 26AJ(1)(c) is an investment-related betting chance; and
(ii) the person is the betting investor in relation to the investment-related betting chance; and
(iii) the investment body referred to in paragraph 26AJ(1)(c) is the betting investment body in relation to the investment-related betting chance; and
(b) for the purposes of this Part, and for the purposes of Subdivision 12-E in Schedule 1 to the Taxation Administration Act 1953 :
(i) the betting chance referred to in paragraph 26AJ(1)(c) is taken to be an investment; and
(ii) the amount paid or credited is taken to be income in respect of the investment.
202D(9)
For the purposes of subsection (3), an entrepot nominee company is a body corporate that is:
(a) controlled solely by a securities dealer or by 2 or more persons each of whom is a securities dealer; and
(b) operated for the sole purpose of facilitating settlement of security transactions.
FORMER SECTION 202DA 202DA PHASING-IN PERIOD FOR DIVISION
(Repealed by No 2 of 2015)
A person who is an investor in relation to an investment to which this Part applies may quote the person ' s tax file number to the investment body in connection with the investment.
202DB(2)
Where:
(a) a person holds an investment on behalf of another person; and
(b) the first-mentioned person does not have a tax file number in his or her capacity of trustee of a trust estate in relation to the investment;
the first-mentioned person may quote his or her tax file number to the investment body in connection with the investment and, for the purposes of this Part, that person is to be taken to have quoted the investor ' s tax file number in connection with the investment.
SECTION 202DC METHOD OF QUOTING TAX FILE NUMBER 202DC(1)
A person quotes a tax file number to an investment body by informing the body of the number in a manner approved by the Commissioner.
202DC(2)
The investment body may be so informed by the person or by another person acting for that person.
202DC(3)
If a person becomes an investor as a result of a transaction carried out through a securities dealer, the person shall be taken to have quoted the person ' s tax file number to the investment body concerned if the dealer is informed of the number.
SECTION 202DD 202DD INVESTOR EXCUSED FROM QUOTING TAX FILE NUMBER IN CERTAIN CIRCUMSTANCES
Where:
(a) at a particular time a person becomes an investor in relation to an investment to which this Part applies by virtue of acquiring shares in a public company; and
(b) at that time, the person has quoted, or is taken to have quoted, a tax file number in connection with an existing investment consisting of a shareholding in that company; and
(c) the company has not, since the quotation of the number in connection with the existing investment, informed the person that the company has lost the person's tax file number;
the person is to be taken to have quoted a tax file number in connection with the first-mentioned investment.
(Repealed by No 143 of 2007 )
If, apart from this section:
(a) either of the following subparagraphs applies:
(i) both of the following conditions are satisfied:
(A) a body corporate (in this section called the interposed entity ) is the investor in relation to an investment (in this section called the secondary investment ) with an investment body (in this section called the secondary investment body );
(B) another person (in this section called the primary investor ) is entitled to receive from the interposed entity all or part of the income from the secondary investment (which right to receive the income or part of the income is in this section called primary investment );
(ii) both of the following conditions are satisfied:
(A) a person (in this section also called the primary investor ) is the investor in relation to an investment (in this section also called the primary investment ) covered by item 4 in the table in subsection 202D(1) , being a deposit of money with a solicitor (in this section also called the interposed entity );
(B) as a result of carrying out the purpose for which that investment was made, the interposed entity is the investor in relation to another investment (in this section also called the secondary investment ) with an investment body (in this section also called the secondary investment body ); and
(b) either:
(i) the secondary investment has a descriptive title which identifies all the primary investors; or
(ii) the conditions set out in the regulations are satisfied;
the following provisions have effect for the purposes of this Part and Subdivision 12-E in Schedule 1 to the Taxation Administration Act 1953 :
(c) the primary investor may quote his or her tax file number under section 202DB to the secondary investment body in connection with the secondary investment as if he or she were the investor in relation to the secondary investment;
(d) if the primary investor quotes his or her tax file number as mentioned in paragraph (c) - the interposed entity is taken to have quoted his or her tax file number to the secondary investment body in connection with the secondary investment;
(e) the interposed entity is not entitled to actually quote his or her tax file number to the secondary investment body in connection with the secondary investment;
(f) the interposed entity is taken not to be an investment body in relation to the primary investment.
202DDB(2)
If there are 2 or more primary investors in relation to a primary investment, all the primary investors are taken to have quoted their tax file numbers as mentioned in paragraph (1)(c) if, and only if:
(a) all of those primary investors are persons who, for the purposes of this Part, are taken, by section 202EE , to have quoted their tax file numbers under this Division in connection with the primary investment; or
(b) if:
(i) paragraph (a) does not apply; and
(ii) all of those primary investors are covered by any or all of the following categories:
(A) persons who, for the purpose of this Part, are taken, under section 202EE , to have quoted their tax file numbers under this Division in connection with the primary investment;
(B) persons to whom section 202EB applies;
(C) entities mentioned in paragraph 202EC(1)(a) ; and
(iii) all of the following conditions are satisfied in relation to at least one of those primary investors:
(A) the primary investor is covered by sub-subparagraph (ii)(B) or (C);
(B) the primary investor gives to the secondary investment body the information mentioned in subsection 202EB(1) or 202EC (1) as if the primary investor were the investor in relation to the secondary investment;
(C) as a result of the giving of that information, the primary investor would be taken, under section 202EB or 202EC , to have quoted his or her tax file number under this Division in connection with the secondary investment; or
(c) at least one of those primary investors:
(i) has a tax file number; and
(ii) has quoted that number under section 202DB to the secondary investment body in connection with the secondary investment as if he or she were the investor in relation to the secondary investment.
Where:
(a) a person becomes an investor as a result of a transaction carried out through a securities dealer; and
(b) the person informs the dealer of the person ' s tax file number;
the dealer shall inform the investment body concerned of the person' ' s tax file number.
If the Commissioner is satisfied:
(a) that the tax file number quoted to an investment body in relation to an investment:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is otherwise wrong; and
(b) that the investor has a tax file number;
the Commissioner may give to the investment body concerned notice of the incorrect statement and the investor's tax file number.
202DF(2) [Tax file number deemed quoted]If a notice is given under subsection (1), the investor shall be regarded, for the purposes of this Part, as having always stated the investor's tax file number in connection with the investment.
202DF(3) [Information by Commissioner](a) the Commissioner is satisfied that the tax file number quoted to an investment body in relation to an investment:
(i) has been cancelled since it was quoted; or
(ii) is for any other reason not the investor's tax file number; and
(b) the Commissioner is not satisfied that the investor has a tax file number;
the Commissioner may, by written notice given to the investment body concerned, inform the investment body accordingly.
202DF(4) [Effective date of subsec (3) notice]A notice under subsection (3) takes effect on the day specified in the notice, being a day not earlier than the day on which a copy of the notice is given to the investor under subsection (5).
202DF(5) [Copy of subsec (3) notice]The Commissioner shall give a copy of any notice under subsection (3) to the investor concerned, together with a written statement of the reasons for the decision to give the notice.
202DF(6) [Tax file number deemed not quoted]On and from the day on which a notice under subsection (3) takes effect, the investor concerned shall be taken not to have quoted the investor's tax file number in connection with the investment.
202DF(7)(Omitted by No 48 of 1991)
SECTION 202DG INVESTMENTS HELD JOINTLY 202DG(1) [Where investment held by 2 persons]
Where 2 persons are jointly entitled to the property or rights that constitute an investment to which this Part applies, neither person shall be taken to have quoted the person's tax file number in connection with the investment unless both persons have quoted their tax file numbers under this Division in connection with the investment.
202DG(2) [Where investment held by more than 2 persons]Where more than 2 persons are jointly entitled to the property or rights that constitute an investment to which this Part applies, all of the persons are to be taken to have quoted their tax file numbers in connection with the investment if and only if:
(a) where one of those persons has a tax file number and is not an exempt person in relation to the investment - that person has quoted that number, and at least one of the other persons is, for the purposes of this Part, to be taken to have quoted his or her tax file number, under this Division in connection with the investment; or
(b) where 2 or more of those persons have tax file numbers and are not exempt persons in relation to the investment - at least 2 of those persons have quoted their own tax file numbers under this Division in connection with the investment; or
(c) in any other case - at least 2 of those persons are, for the purposes of this Part, to be taken to have quoted their tax file numbers under this Division in connection with the investment.
A reference in subsection (2) to an exempt person in relation to an investment is a reference to a person who, for the purposes of this Part, is to be taken to have quoted his or her tax file number under this Division in connection with the investment although the person has not actually done so.
This section does not apply in relation to persons who are jointly entitled to property or rights merely because they are partners in a partnership.
202DG(4) [Indirectly held investments]This section does not apply in relation to investments covered by section 202DDB .
If a person (the first person ) who is a beneficiary of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme has quoted his or her tax file number to the trustee of the entity or scheme in connection with the operation or possible future operation of the Superannuation Industry (Supervision) Act 1993 , the Superannuation Contributions Tax (Assessment and Collection) Act 1997 , the Superannuation (Unclaimed Money and Lost Members) Act 1999 or the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 , the first person is taken, so long as he or she continues to be such a beneficiary, to have made a TFN declaration in relation to the trustee that has effect under Division 3 .
202DH(2)
In this section and section 202DHA :
eligible superannuation entity
has the same meaning as in the
Superannuation Industry (Supervision) Act 1993
.
regulated exempt public sector superannuation scheme
has the same meaning as in Part
25A
of the
Superannuation Industry (Supervision) Act 1993
.
If:
(a) a person has on or after 1 July 2007 made a TFN declaration in relation to a payer; and
(b) the person is a beneficiary of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme or is an RSA holder; and
(c) the payer makes a contribution to the person's eligible superannuation entity or regulated exempt public sector superannuation scheme or RSA for the benefit of the person;
the person is taken to have authorised the payer to inform the trustee of the superannuation entity or scheme or the RSA provider of the person's tax file number.
If a person (the first person ) who is the holder of an RSA has quoted his or her tax file number to the provider of the RSA in connection with the operation or possible future operation of the Retirement Savings Accounts Act 1997 , the first person is taken, so long as he or she continues to be the holder of the RSA, to have made a TFN declaration in relation to the provider of the RSA that has effect under Division 3 .
If a person who is:
(a) a beneficiary of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme; or
(b) a member of a constitutionally protected superannuation fund; or
(c) the holder of an RSA;
has made a TFN declaration in relation to the trustee of the entity, scheme or fund, or the RSA provider, that states his or her tax file number, and has effect under Division 3 (except a declaration that includes a statement mentioned in subsection 202CB(2) ), the person is taken, so long as he or she continues to be such a beneficiary, member or holder, to have quoted that tax file number to the trustee of the entity, scheme or fund or to the RSA provider, as the case may be, in connection with the operation or possible future operation of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 and the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 .
202DJ(2)
In this section:
constitutionally protected superannuation fund
has the same meaning as
constitutionally protected fund
has in the
Income Tax Assessment Act 1997
.
eligible superannuation entity
and
regulated exempt public sector superannuation scheme
(Repealed by No 158 of 2012)
eligible superannuation entity
has the same meaning as in the
Superannuation Industry (Supervision) Act 1993
.
holder, RSA and RSA provider
(Repealed by No 158 of 2012)
regulated exempt public sector superannuation scheme
has the same meaning as in Part
25A
of the
Superannuation Industry (Supervision) Act 1993
.
(Repealed by No 79 of 2010 )
A depositor of a farm management deposit quotes the owner's tax file number to the FMD provider in connection with the deposit by:
(a) stating the number in the form mentioned in subsection 393-20(2) of the Income Tax Assessment Act 1997 in relation to the deposit; or
(b) informing the FMD provider of the number in any other manner approved by the Commissioner in connection with the deposit.
Note:
If a farm management deposit was made by a trustee on behalf of a beneficiary who was under a legal disability when the deposit was made, and the beneficiary is no longer under a legal disability, this Division applies as if the beneficiary had made the deposit: see section 393-28 of the Income Tax Assessment Act 1997 .
If the Commissioner is satisfied:
(a) that the tax file number quoted to an FMD provider in connection with a farm management deposit:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is otherwise wrong; and
(b) that the owner has a tax file number;
the Commissioner may give the FMD provider notice in writing of the owner's correct tax file number.
(a) the Commissioner is satisfied that the tax file number quoted to an FMD provider in connection with a farm management deposit:
(i) has been cancelled since it was quoted; or
(ii) is for any other reason not the owner's tax file number; and
(b) the Commissioner is not satisfied that the owner has a tax file number;
the Commissioner may give the FMD provider notice in writing accordingly.
If a notice is given under subsection (3), the Commissioner must give the depositor a copy of the notice, together with a written statement of the reasons for the decision to give the notice.
202DM(5) Notice takes effect when given to owner.The notice takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the depositor.
202DM(6) Tax file number deemed not quoted.On and from the day on which the notice takes effect, the depositor is taken not to have quoted the owner's tax file number in connection with the deposit.
This Division applies to both the trustee of a trust and to a beneficiary of the trust, if:
(a) paragraph 12-175(1)(c) in Schedule 1 to the Taxation Administration Act 1953 applies to the trust; and
Note:
That paragraph applies to certain closely held trusts.
(b) paragraph 12-175(1)(d) in that Schedule applies to the beneficiary.
The beneficiary may quote the beneficiary's tax file number to the trustee.
202DO(2) [ " quotes " ]The beneficiary quotes the beneficiary's tax file number to the trustee if the beneficiary, or another person acting for the beneficiary, informs the trustee of the number in a manner approved by the Commissioner.
The trustee must report the beneficiary's tax file number to the Commissioner, in the approved form, if:
(a) the beneficiary quotes the beneficiary's tax file number to the trustee during a quarter (within the meaning of the Income Tax Assessment Act 1997 ); and
(b) the beneficiary has not quoted the beneficiary's tax file number to the trustee in connection with an investment to which this Part applies; and
(c) the trustee has not reported, and is not required to report, the beneficiary's tax file number to the Commissioner under Division 6D of Part III of this Act (about trustee beneficiary non-disclosure tax). 202DP(2) [ Timing]
The trustee must give the report to the Commissioner within:
(a) one month after the end of the quarter to which it relates; or
(b) within such further time as theCommissioner allows. 202DP(3) [ Notification of reporting period]
The Commissioner may, by notice in writing given to the trustee, inform the trustee that the period specified in the notice (being a period greater than 3 months) is to be the trustee's reporting period for the purposes of this section. If the Commissioner does so, a reference in this section to a quarter is taken to be a reference to the period specified in the notice.
202DP(4) [ Incorrect quotation]For the purposes of this section, disregard subsection
202DR(3)
.
Note:
Refusal or failure to report to the Commissioner as required by this section is an offence under section 8C of the Taxation Administration Act 1953 .
Commissioner may notify trustee of correct tax file number
202DR(1)
If the Commissioner is satisfied:
(a) that the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is otherwise wrong; and
(b) that the beneficiary has a tax file number;
the Commissioner may give the trustee notice in writing of the beneficiary's correct tax file number.
202DR(2)
The notice given under subsection (1) is taken to have taken effect on the day on which the cancelled or withdrawn tax file number was quoted to the trustee as mentioned in paragraph (1)(a).
202DR(3)
On and from the day on which the notice given under subsection (1) took effect, the beneficiary is taken to have quoted the beneficiary's correct tax file number to the trustee.
Commissioner may notify trustee if beneficiary does not have a tax file number etc
202DR(4)
If:
(a) the Commissioner is satisfied that the tax file number quoted to the trustee:
(i) has been cancelled or withdrawn since it was quoted; or
(ii) is for any other reason not the beneficiary's tax file number; and
(b) the Commissioner is not satisfied that the beneficiary has a tax file number;
the Commissioner must give the trustee written notice accordingly.
202DR(5)
The Commissioner must give the beneficiary a copy of the notice given under subsection (4), together with a written statement of the reasons for the decision to give the notice.
202DR(6)
The notice given under subsection (4) takes effect on the day specified in the notice, being a day not earlier than the day on which the copy of the notice is given to the beneficiary.
202DR(7)
On and from the day on which the notice given under subsection (4) takes effect, the beneficiary is taken not to have quoted the beneficiary's tax file number to the trustee.
Note:
The trustee may be required to withhold an amount from a payment to the beneficiary if the beneficiary has not quoted the beneficiary's tax file number to the trustee at the time the payment is made: see sections 12-175 and 12-180 in Schedule 1 to the Taxation Administration Act 1953 .
As such, the trustee may be required to withhold if a notice under subsection (4) of this section is in effect on the day on which the payment is made.
(Repealed by No 57 of 1990)
Nothing in this Part shall be taken to provide for a person who is a recipient because the person receives, or expects to receive, a pension or benefit referred to in subsection (5) to make a TFN declaration, or to quote his or her tax file number, in connection with the payment of that pension, benefit or allowance.
202EA(2)
For the purposes of this Part, a person who is being paid a pension or benefit referred to in subsection (5) shall be taken to have quoted his or her tax file number in a TFN declaration given to a payer of the person if a statement is made in the declaration to the effect that the person is being paid such a pension or benefit.
202EA(3)
A person who, as a person who is being paid a pension or benefit referred to in subsection (5) , is taken, because of this section, to have quoted his or her tax file number in a TFN declaration shall continue to be taken to have, because of this section, quoted the number in the declaration until the Commissioner gives a written notice to the person to the effect that the person is no longer entitled to exemption under this section.
202EA(4)
The Commissioner may not give a notice under subsection (3) until the person has ceased to be paid any pension or benefit referred to in subsection (5) .
202EA(5)
This section applies in relation to the following: (a) an age pension under Part 2.2 of the Social Security Act 1991 ; (b) a disability support pension under Part 2.3 of that Act; (c) (Repealed by No 26 of 2018) (d) a carer payment under Part 2.5 of that Act; (e) (Repealed by No 197 of 1997); (f) (Repealed by No 26 of 2018) (fa) a parenting payment that is a pension PP (single) under Part 2.10 of that Act; (g) a special benefit under Part 2.15 of that Act; (h) a special needs pension under Part 2.16 of that Act; (i) a pension under Part III of the Veterans ' Entitlements Act 1986 ; (ia) income support supplement under Part IIIA of the Veterans ' Entitlements Act 1986 . (j) (Repealed by No 142 of 2021)
SECTION 202EB PERSONS RECEIVING CERTAIN PENSIONS ETC. - INVESTMENTS 202EB(1)
For the purposes of this Part, a person to whom this section applies shall be taken to have quoted his or her tax file number under Division 4 in connection with the investment if the investment body concerned is given the following information by the person in a manner approved by the Commissioner:
(a) the person ' s full name;
(b) the nature of the pension, benefit or allowance by virtue of the payment of which the person is a person to whom this section applies.
202EB(2)
(Omitted by No 58 of 1990)
202EB(3)
A person who, as a person to whom this section applies, is taken, because of this section, to have quoted his or her tax file number in connection with an investment shall continue to be taken to have, because of this section, quoted the number in connection with the investment until the Commissioner gives a written notice to the person to the effect that the person is no longer entitled to exemption under this section.
202EB(4)
The Commissioner may not give a notice under subsection (3) until the person has ceased to be a person to whom this section applies.
202EB(5)
A person to whom this section applies is a person who is being paid:
(a) one of the following:
(i) an age pension under Part 2.2 of the Social Security Act 1991 ;
(ii) a disability support pension under Part 2.3 of that Act;
(iii) (Repealed by No 26 of 2018)
(iv) a carer payment under Part 2.5 of that Act;
(v) (Repealed by No 197 of 1997)
(vi) (Repealed by No 26 of 2018)
(via) a parenting payment that is a pension PP (single) under Part 2.10 of that Act;
(vii) a special benefit under Part 2.15 of that Act;
(viii) a special needs pension under Part 2.16 of that Act; or
(b) (Repealed by No 197 of 1997)
(c) a pension under Part III of the Veterans ' Entitlements Act 1986 ; or
(d) income support supplement under Part IIIA of the Veterans ' Entitlements Act 1986.
SECTION 202EC ENTITIES NOT REQUIRED TO LODGE INCOME TAX RETURNS 202EC(1)
For the purposes of this Part, where:
(a) an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income is, at any time during that year, an investor in relation to an investment to which this Part applies; and
(b) the entity does not have a tax file number;
the entity shall be taken to have quoted its tax file number in connection with the investment if the investment body concerned is given the following information by the eligible representative in a manner approved by the Commissioner:
(c) the name and address of the entity;
(d) the reason why the entity is not obliged to furnish to the Commissioner a return under section 161 in respect of the year of income.
202EC(2)
(Omitted by No 58 of 1990)
202EC(3)
An entity that, as an entity that is not required to furnish to the Commissioner a return under section 161 in respect of a year of income, is to be taken, because of this section, to have quoted its tax file number in connection with an investment shall continue to be taken to have, because of this section, quoted the number in connection with the investment until 2 months after the end of the first year of income, following the time at which the entity is to be taken to have quoted the number, in respect of which the entity is required so to furnish a return.
202EC(4)
Where an entity in respect of which information has been given to an investment body under subsection (1) in connection with an investment becomes obliged under section 161 to furnish a return in respect of a year of income, the person who is the public officer of the entity for the purposes of this Act commits an offence if:
(a) the entity is, at the end of the year of income, still an investor in relation to the investment; and
(b) the investment body is not, within 2 months after the end of the year of income, informed of the entity ' s tax file number or informed that the entity is obliged to furnish the return.
Penalty: 10 penalty units.
202EC(5)
For the purposes of this section, a person is an eligible representative of an entity if the person is:
(a) where the entity is a body corporate - a person who is any one or more of the following:
(i) the public officer of the body corporate for the purposes of this Act;
(ii) an officer of the body corporate within the meaning of section 8Y of the Taxation Administration Act 1953 ;
(iii) a receiver of property of the body corporate, whether appointed by a court or otherwise and whether or not also a manager;
(iv) a liquidator of the body corporate appointed by a court;
(v) in the case of a foreign company within the meaning of the Corporations Act 2001 - a local agent of the company within the meaning of that Act;
(vi) an employee of the body corporate in relation to whom there is in force a written authorisation to act as an eligible representative of the body corporate, being an authorisation by a person who, when the authorisation was given, was an eligible representative of the body corporate by virtue of one or more of the preceding subparagraphs; or
(b) where the entity is an unincorporated association - a person who is any one or more of the following:
(i) the public officer of the unincorporated association for the purposes of this Act;
(ii) a director, secretary, office-holder, liquidator, receiver or trustee of the association;
(iii) an employee or member of the unincorporated association in relation to whom there is in force a written authorisation to act as an eligible representative of the unincorporated association, being an authorisation by a person who, when the authorisation was given, was an eligible representative of the unincorporated association by virtue of either or both of the preceding subparagraphs.
FORMER SECTION 202ED 202ED RECENTLY-ARRIVED VISITORS TO AUSTRALIA
(Repealed by No 57 of 1990)
For the purposes of this Part, where:
(a) a non-resident is an investor in relation to an investment to which this Part applies; and
(b) at a particular time, the investment body pays an amount to the non-resident by way of income derived from the investment;
the non-resident is taken to have quoted the non-resident ' s tax file number in connection with the investment at that time if:
(c) the investment body is required:
(i) to withhold an amount under Subdivision 12-F or 12-H in Schedule 1 to the Taxation Administration Act 1953 from the payment; or
(ii) to pay the Commissioner an amount under Subdivision 12A-C in that Schedule in respect of the payment; or
(d) the investment body would have been required to withhold such an amount but for the operation of paragraph 128B(3)(a), (ga) or (jb) or subparagraph 128B(3)(h)(iv) of this Act or subsection 802-15(1) of the Income Tax Assessment Act 1997 .
202EE(2)
If:
(a) a person who was a non-resident and an investor in relation to an investment to which this Part applies becomes a resident of Australia at a particular time; and
(b) the person is, at that time, still an investor in relation to the investment; and
(c) the investment body concerned is not, within one month after that time, informed of the person ' s tax file number or informed that the person has become such a resident;
the person commits an offence.
Penalty: 10 penalty units.
202EE(3)
Nothing in this section affects the person ' s liability to pay withholding tax.
(Repealed by No 53 of 2015)
Where a person is unable to make a declaration under this Division, the declaration may be made by another person on behalf of the first-mentioned person.
The Commissioner may, by legislative instrument, direct an investment body to retain declarations, or declarations of a particular kind, made under this Division for such time as is specified in the direction.
(Repealed by No 64 of 2020)
202EH(3)
(Repealed by No 64 of 2020)
Applications may be made to the Tribunal for review of the following decisions of the Commissioner: (a) a decision refusing an application for the issue of a tax file number under section 202BA (including a decision that is to be taken to have been made by virtue of section 202BC ); (b) a decision to cancel a tax file number under section 202BE ; (c) a decision to give a notice under subsection 202CE(3) ; (d) a decision to give a notice under subsection 202DF(3) ; (da) a decision to give a notice under subsection 202DM(3) ; (db) a decision to give a notice under subsection 202DR(4) ; (e) a decision to give a notice under subsection 202EB(3) ;
(f) (Repealed by No 64 of 2020) (fa) a decision to give a notice under subsection 190-15(1) or (1A) of the Higher Education Support Act 2003 ; (fb) a decision to give a notice under subsection 190-20(1) or (1A) of the Higher Education Support Act 2003 ; (fc) a decision to give a notice under subsection 1061ZVJD(1) of the Social Security Act 1991 ; (fd) a decision to give a notice under subsection 1061ZVJF(1) of the Social Security Act 1991 ; (fe) a decision to give a notice under subsection 11D(1) of the Student Assistance Act 1973 ; (ff) a decision to give a notice under subsection 11F(1) of the Student Assistance Act 1973 ; (fg) a decision to give a notice under subsection 68(1) of the Australian Apprenticeship Support Loans Act 2014 ; (fh) a decision to give a notice under subsection 70(1) of the Australian Apprenticeship Support Loans Act 2014 (g) a decision stated by the regulations to be a reviewable decision for the purposes of this section.
202F(2)
Where an application has been made to the Tribunal for review of a decision referred to in paragraph (1)(a) , the orders that may be made under section 32 of the Administrative Review Tribunal Act 2024 staying or otherwise affecting the operation or implementation of the decisioninclude an order that the Commissioner issue a tax file number to the applicant pending the determination of the application for review.
202F(3)
A tax file number issued in accordance with an order referred to in subsection (2) ceases to have effect when the application is finally disposed of.
202F(4)
When a tax file number ceases to have effect under subsection (3) , this Part (other than this section) applies as if the number had been cancelled.
Where a decision of a kind referred to in section 202F is made and notice in writing of the decision is given to a person whose interests are affected by the decision, that notice shall include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024 : (a) be made to the Tribunal for review of the decision; and (b) include a statement to the effect that the person may request a statement of reasons under that Act.
202FA(2)
A failure to comply with subsection (1) does not affect the validity of the decision.
Repealed Division 7 - Manner of providing information
(Repealed by No 64 of 2020)
This section applies if an Agency (within the meaning of the Public Service Act 1999 ) obtains or has obtained, in accordance with a law of the Commonwealth, a number that any of the following (the relevant official ) believes to be the tax file number of a person (the relevant person ):
(a) the Agency Head (within the meaning of that Act);
(b) an SES employee, or acting SES employee, in the Agency.
Note:
For example, the Agency may have received the number in a TFN declaration made by the relevant person in relation to an assistance payment, or from another person in accordance with a law that provides for an official to ask the other person to provide the relevant person ' s tax file number.
203(2)
The relevant official may give the Commissioner a notice, in writing, asking the Commissioner to verify the number under this section.
203(3)
A notice under subsection (2):
(a) must include the number; and
(b) must include the full name and date of birth of the relevant person; and
(c) may include any other information that the relevant official considers may assist in identifying the relevant person.
203(4)
If the Commissioner is satisfied, having regard to the information (if any) that the Commissioner has recorded for the number, that it is reasonable to do so, the Commissioner may give the Agency a notice, in writing, that states whether or not the Commissioner is able to verify the information given.
203(5)
If:
(a) the Commissioner is not satisfied that the number is the tax file number of the relevant person; but
(b) the Commissioner is satisfied, having regard to the information (if any) that the Commissioner has recorded for the number, that another number (the correct number ) is the tax file number of the relevant person;
the notice under subsection (4) may state the correct number.
203(6)
If the notice under subsection (4) states the correct number, the correct number is taken to be the number that was obtained by the Agency as mentioned in subsection (1).
203(7)
This section does not limit, and is not limited by, section 202CEA or any other provision, in this or any other law of the Commonwealth, that provides for the sharing or verification of tax file numbers.
Notices are not legislative instruments
203(8)
A notice given under subsection (2) or (4) is not a legislative instrument.
If: (a) the Commissioner is appointed as the Commonwealth Registrar (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006) ; and (b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 6-7A of that Act.
204(2)
If: (a) the Commissioner is appointed as the Registrar (within the meaning of the Corporations Act 2001 ); and (b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 9.1A of that Act.
204(2A)
The Commissioner may disclose the tax file number of a person to a registrar specified in subsection 355-67(2) in Schedule 1 to the Taxation Administration Act 1953 if: (a) the Commissioner is appointed as that registrar; and (b) no other person or body is appointed as that registrar; and (c) the disclosure is made through use of a computer application or system that is used for the performance of functions, or the exercise of powers, of both the Commissioner and that registrar; and (d) use of the application or system by that registrar is on the condition that tax file numbers disclosed through use of the application or system are only to be recorded, used, divulged, disclosed or communicated to the extent reasonably necessary for the application or system to be used for the performance of that registrar ' s functions, or the exercise of that registrar ' s powers.
204(3)
To avoid doubt, subsection (1) , (2) or (2A) applies to the disclosure of the person ' s tax file number whether or not that registrar has requested the person, or the Commissioner, to give the tax file number to that registrar.