Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES

View history reference

View history note

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax

View history reference

View history note

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING

Division 15 - Working out the amount to withhold

View history reference

View history note

Subdivision 15-A - Working out how much to withhold

View history reference

SECTION 15-15 VARIATION OF AMOUNTS REQUIRED TO BE WITHHELD

View history reference

15-15(1)

View history reference

The Commissioner may, for the purposes of meeting the special circumstances of a particular case or class of cases, vary the *amount required to be withheld by an entity from a *withholding payment (except a withholding payment covered by section 12-140 , 12-145 , 12-175 or 12-180 or Subdivision 12-FC or 12-H ). If the Commissioner does so, the amount is varied accordingly.

Note 1:

Section 12-140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN).

Note 2:

Sections 12-175 and 12-180 are about a payment of the income of a closely held trust to a beneficiary, where the beneficiary does not quote the beneficiary ' s tax file number.

Note 3:

Section 12-145 is about an investor becoming presently entitled to income of a unit trust.

Note 3A:

Subdivision 12-FC is about certain labour mobility programs.

Note 4:

Subdivision 12-H is about distributions of withholding MIT income.

View history note

History

S 15-15(1) amended by No 75 of 2022, s 3 and Sch 4 item 28, by substituting " certain labour mobility programs " for " the Seasonal Labour Mobility Program " in note 3A, applicable in relation to salary, wages, commission, bonuses and allowances paid on or after 1 July 2022.

S 15-15(1) amended by No 53 of 2016, s 3 and Sch 6 item 54, by substituting " withholding MIT " for " managed investment trust " in note 4, effective 5 May 2016. For application provision, see note under Division 12A heading.

S 15-15(1) amended by No 58 of 2012, s 3 and Sch 1 items 13 and 14, by inserting " 12-FC or " and note 3A, effective 21 June 2012.

S 15-15(1) amended by No 75 of 2010 , s 3 and Sch 2 items 7 and 8, by substituting " , 12-145, 12-175 or 12-180 " for " or 12-145 " and substituting the note, applicable to income of a trust of an income year starting on or after 1 July 2010. The note formerly read:

Note:

Section 12-140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN). Section 12-145 is about an investor becoming presently entitled to income of a unit trust. Subdivision 12-H is about distributions of managed investment trust income.

S 15-15(1) amended by No 32 of 2008 , s 3 and Sch 1 item 29, by substituting " Subdivision 12-H is about distributions of managed investment trust income " for " Subdivision 12-H is about distributions to foreign residents from managed investment trusts (except dividends, interest and royalties) " , applicable to fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008 and later income years.

S 15-15(1) amended by No 79 of 2007 , s 3 and Sch 10 items 16 and 17, by inserting " or Subdivision 12-H " and " Subdivision 12-H is about distributions to foreign residents from managed investment trusts (except dividends, interest and royalties). " at the end of note, applicable to the first income year starting on or after the first 1 July after the day on which No 79 of 2007 receives the Royal Assent (ie 21 June 2007) and later income years.

15-15(2)
The Commissioner ' s power to vary an amount includes the power to reduce the amount to nil.

15-15(3)
A variation must be made:

(a) if it applies to a particular entity - by a written notice given to that entity; or

(b) if it applies to a class of entities - by legislative instrument.

View history note

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.