Taxation Administration Act 1953
View history note
Hide history noteNote: See section 3AA .
Chapter 3 - Collection, recovery and administration of other taxesApplication
128-20(1)
This section applies in relation to a * GloBE partnership that is not : (a) a * GloBE Joint Venture of an * Applicable MNE Group; or (b) a * GloBE JV Subsidiary of a GloBE Joint Venture of an Applicable MNE Group.
Obligations
128-20(2)
Subject to subsection (3) , if an obligation is imposed under the * Minimum Tax law on the * GloBE partnership, the obligation is imposed on each partner of the GloBE partnership, but may be discharged by any such partner.
Liabilities to pay an amount
128-20(3)
If an amount is payable under the * Minimum Tax law by the * GloBE partnership, the partners of the GloBE partnership are jointly and severally liable to pay the amount.
Offences
128-20(4)
Any offence against the * Minimum Tax law that is committed by the * GloBE partnership is taken to have been committed by each partner of the GloBE partnership.
128-20(5)
In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (4) , it is a defence if the entity proves that the entity: (a) did not aid, abet, counsel or procure the relevant act or omission; and (b) was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).
Note 1:
The defence in subsection (5) does not apply in relation to offences under Part 2.4 of the Criminal Code .
Note 2:
A defendant bears a legal burden in relation to the matters in subsection (5) : see section 13.4 of the Criminal Code .
Meaning of GloBE partnership
128-20(6)
A GloBE partnership is a partnership (within the meaning of paragraph 13(1)(b) of the * Minimum Tax Act).
128-20(7)
To avoid doubt, section 94K of the Income Tax Assessment Act 1936 (about corporate limited partnerships) does not apply in relation to this section.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
