Taxation Administration Act 1953
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View history noteSch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section 3AA .
Chapter 2 - Collection, recovery and administration of income taxCh 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.
Pt 2-10 applies to the 2000/2001 income year and later income years. If the Commissioner gives an entity an instalment rate before the start of the 2000/2001 income year, s 45-50 applies as if the rate had been given on the first day of that income year.
Subdiv 45-R (heading) substituted by No 16 of 2003.
Subdiv 45-R inserted by No 68 of 2002.
SECTION 45-860 MEMBER HAVING A DIFFERENT INSTALMENT PERIOD
Different instalment period - instalment quarter
45-860(1)
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an instalment for an *instalment quarter of the subsidiary member that includes the starting time; and
(b) that quarter starts before the start of the instalment quarter of the *head company of the group that includes the starting time;
then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that quarter.
S 45-860(1) amended by No 124 of 2013, s 3 and Sch 1 item 30, by substituting " starts before the start " for " ends before the end " in para (b), applicable to starting instalment months that start on or after 1 January 2014. For application and transitional provisions, see note under s 45-138 .
S 45-860(1) amended by No 16 of 2003.
Different instalment period - income year
45-860(2)
If:
(a) but for Subdivision 45-Q , a *subsidiary member of a *consolidated group would be liable to pay an annual instalment for an income year of the subsidiary member that includes the starting time; and
(b) that year ends before the end of the income year of the *head company of the group that includes the starting time;
then, despite section 45-710 , the subsidiary member is liable to pay an instalment for that year.
S 45-860(2) amended by No 16 of 2003.
Assumptions for working out amount of instalment
45-860(3)
The amount of the instalment must be worked out on the following assumptions:
(a) that the *instalment quarter or income year of the *subsidiary member (as appropriate) consists only of the period that is the part of the quarter or year occurring before the starting time;
(b) that an amount required to be worked out for the purpose of determining the *instalment income of the subsidiary member for that period is worked out under section 45-855 .
S 45-860(3) amended by No 16 of 2003.
45-860(4)
For the purposes of this section, the starting time is the time at which Subdivision 45-Q starts to apply to the *head company of the group because of subsection 45-705(2) or subparagraph 45-705(3)(c)(ii), (4)(d)(ii) or (iv) .
S 45-860(4) inserted by No 16 of 2003.
S 45-860 inserted by No 68 of 2002.
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