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 16 - Payer ' s obligations and rights

View history reference

Subdivision 16-A - To withhold

View history reference

Penalties for not withholding

SECTION 16-43

16-43 FAILURE TO WITHHOLD: ADMINISTRATIVE PENALTY FOR EXEMPT AUSTRALIAN GOVERNMENT AGENCY IN RELATION TO PAYMENT TO FOREIGN RESIDENT ETC.

View history reference

An *exempt Australian government agency that:

(a) fails to withhold an amount as required by Division 12 from a *withholding payment covered by Subdivision 12-FB (about payments to foreign residents); or

(b) fails to pay to the Commissioner an amount as required by Division 14 in respect of a withholding payment covered by that Subdivision;

is liable to pay to the Commissioner a penalty equal to that amount.

Note:

Division 298 in this Schedule contains machinery provisions for administrative penalties.

View history note

History

S 16-43 substituted by No 58 of 2006 , s 3 and Sch 7 item 136, applicable to administrative penalties imposed after 22 June 2006. S 16-43 formerly read:

SECTION 16-43 FAILURE TO WITHHOLD: ADMINISTRATIVE PENALTY FOR EXEMPT AUSTRALIAN GOVERNMENT AGENCY IN RELATION TO PAYMENT TO FOREIGN RESIDENT, ETC
16-43(1)
An *exempt Australian government agency that:

(a) fails to withhold an amount as required by Division 12 from a *withholding payment covered by Subdivision 12-FB (about payments to foreign residents); or

(b) fails to pay to the Commissioner an amount as required by Division 14 in respect of a withholding payment covered by that Subdivision;
is liable to pay to the Commissioner a penalty (the penalty amount ) equal to that amount.

16-43(2)
The penalty amount is due at the time when the *exempt Australian government agency would have had to pay to the Commissioner the *amount required to be withheld.
Note:

Division 298 in this Schedule contains machinery provisions for administrative and civil penalties.

View history note

Hide history note

History

S 16-43(2) amended by No 32 of 2006 , s 3 and Sch 3 item 7, by inserting " and civil " in the note, applicable in relation to conduct engaged in on or after 6 April 2006.

S 16-43(2) amended by No 101 of 2004.

S 16-43 inserted by No 66 of 2003.

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.