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 5 - Administration

View history reference

View history note

PART 5-35 - REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES

View history note

History

Part 5-35 inserted by No 95 of 2004. No 95 of 2004, s 3 and Sch 10 item 44, contains the following transitional provision:

44 Transitional - GST and FBT endorsements
(1)
This item applies in relation to an entity if:

(a) immediately before 1 July 2005, the entity was endorsed under section 30-120 or section 50-105 of the Income Tax Assessment Act 1997 ; and

(b) the entity failed to notify the Commissioner in writing before 1 July 2005 that it chose not to have this item apply to it.

(2)
The entity is taken to have made an application to the Commissioner under section 426-15 in Schedule 1 to the Taxation Administration Act 1953 for whichever of these kinds of endorsement is most appropriate for the entity:

(a) endorsement as a charitable institution under subsection 176-1(1) of the A New Tax System (Goods and Services Tax) Act 1999 ;

(b) endorsement as a trustee of a charitable fund under subsection 176-5(1) of the A New Tax System (Goods and Services Tax) Act 1999 .

(3)
The entity is taken to have made an application to the Commissioner under section 426-16 in Schedule 1 to the Taxation Administration Act 1953 for whichever of these kinds of endorsement is most appropriate for the entity:

(a) endorsement as a public benevolent institution under subsection 123C(1) of the Fringe Benefits Tax Assessment Act 1986 ;

(b) endorsement for the operation of a public benevolent institution under subsection 123C(3) of the Fringe Benefits Tax Assessment Act 1986 ;

(c) endorsement as a health promotion charity under subsection 123D(1) of the Fringe Benefits Tax Assessment Act 1986 ;

(d) endorsement under subsection 123E(1) of the Fringe Benefits Tax Assessment Act 1986 as a charitable institution covered by paragraph 65J(1)(baa) of that Act.

Division 426 - Process of endorsing charities and other entities

View history reference

View history note

Subdivision 426-E - Community charity corporations

View history note

Administrative penalties

SECTION 426-195 ADMINISTRATIVE PENALTIES FOR COMMUNITY CHARITY CORPORATIONS

View history reference

Administrative penalty

426-195(1)
All of the directors of a *community charity corporation are jointly and severally liable to an administrative penalty if:

(a) the corporation, or a director of the corporation, holds out that the corporation is endorsed as a *deductible gift recipient and the corporation is not so endorsed; or

(b) the corporation, or a director of the corporation, holds out that the corporation is entitled to remain endorsed as a deductible gift recipient and the corporation is not so entitled; or

(c) the corporation, or a director of the corporation, holds out that the corporation will be endorsed, as a deductible gift recipient, at a particular time and the corporation is not so endorsed at that time.

Note:

The Commissioner is required to give written notice of the penalty (see section 298-10 ).

426-195(2)
The amount of the penalty is:

(a) the amount specified in the *community charity corporation guidelines for the purposes of subsection (1) ; or

(b) the amount worked out in accordance with the method specified in the community charity corporation guidelines for the purposes of subsection (1) .

The guidelines may specify different penalties or methods for different circumstances.

426-195(3)
A director who is liable to the penalty must not be reimbursed the penalty from the corporation.

Note:

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

Defences for directors

426-195(4)
Subsection (1) does not apply to a director if:

(a) the director was not aware of the holding out mentioned in paragraph (1)(a) , (b) or (c) (whichever applicable) and it would not have been reasonable to expect the director to have been aware of that holding out; or

(b) the director took all reasonable steps to ensure that the holding out mentioned in that paragraph did not occur; or

(c) there were no such steps that the director could have taken.

426-195(5)
In determining what is reasonable for the purposes of paragraph (4)(a) , (b) or (c) , have regard to all relevant circumstances.

426-195(6)
A person who wishes to rely on subsection (4) bears an evidential burden in relation to the matters in that subsection.

Power of courts to grant relief

426-195(7)
Section 1318 of the Corporations Act 2001 (power of Court to grant relief in case of breach of director ' s duty) does not apply to a liability of a director under this section.

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.