Taxation Administration Act 1953
View history note
Hide history noteNote: See section 3AA .
Chapter 5 - AdministrationSECTION 396-10 STATEMENTS ABOUT PAYMENTS TO NONPARTICIPATING FINANCIAL INSTITUTIONS 396-10(1)
Subsection (2) applies if:
(a) an entity is a Reporting Australian Financial Institution (within the meaning of the *FATCA Agreement) at any time in a calendar year; and
(b) the calendar year is the 2015 or 2016 year; and
(c) the entity makes a payment to a Nonparticipating Financial Institution (within the meaning of the FATCA Agreement) at any time in the year.
396-10(2)
The entity must give the Commissioner a statement that contains the information in respect of that payment that the Australian Government is required to obtain in order for it to fulfil its obligations under the *FATCA Agreement in respect of that payment.
Note:
Section 286-75 provides an administrative penalty for breach of this subsection.
396-10(3)
The information contained in the statement must be determined by the entity by applying the due diligence procedures required under the *FATCA Agreement.
Note:
Those due diligence procedures are specified in Annex I to the FATCA Agreement, subject to the application of Article 7 of that Agreement (consistency in the application of FATCA to partner jurisdictions).
396-10(4)
A statement under subsection (2) must be in the *approved form.
396-10(5)
More than one statement under subsection (2) may be included in the same document.
396-10(6)
The statement must be given to the Commissioner no later than the first 31 July after the end of the calendar year.
Note:
Section 388-55 allows the Commissioner to defer the time for giving an approved form.
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