Income Tax Assessment Act 1936

PART VA - TAX FILE NUMBERS  

Division 3 - Quotation of tax file numbers by recipients of eligible PAYG payments  

SECTION 202CD   SENDING OF TFN DECLARATION TO COMMISSIONER  

202CD(1)   [Obligation of payer]  

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.

202CD(2)    
(Repealed by No 179 of 1999)

202CD(3)    
(Repealed by No 179 of 1999)

202CD(4)   [Where tax file number not quoted]  

If:

(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.

202CD(5)   [Declaration deemed made by recipient]  

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.

202CD(5A)   [Non-compliance penalty]  

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.

202CD(6)   [Copy of TFN declaration]  

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.