PART 7A - ADDITIONAL REQUIREMENTS FOR DEALINGS WITH CERTAIN GOODS
History
Pt 7A (comprising s 91A to s 91ZF) inserted by No 16 of 1998, Sch 2 item 23, effective 16 April 1998. See also the history note for Div 3 and 4.
Division 4 - Withholding of sales tax on dealings with Part 7A goods
History
Div 4 (comprising s 91W to s 91ZD) inserted by No 16 of 1998, Sch 2 item 23 and 25(3), applicable to dealings on or after 1 September 1998 (reg 8A of the Sales Tax Assessment Regulations).
SECTION 91ZB (Repealed by 101 of 2006)
FAILURE TO MAKE DEDUCTIONS FROM PAYMENTS
91ZB(1)
[Liability for penalty]
If a person, other than a government body, making a payment does not deduct from the payment the amount required to be deducted under this Division, the person is liable to pay to the Commissioner an amount, by way of penalty, equal to the amount not deducted.
91ZB(2)
[Time for payment]
The person must pay the penalty amount by the time by which, if the person had deducted the amount required to be deducted, the person would have been required to pay that amount to the Commissioner.
91ZB(3)
[Interest on penalty]
If any of the penalty amount remains unpaid after the time by which it is due to be paid, the person is liable to pay the general interest charge on the unpaid penalty amount for each day in the period that:
(a)
started at the beginning of the day by which the penalty amount was due to be paid; and
(b)
finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the penalty amount;
(ii) general interest charge on any of the penalty amount.
Note:
The general interest charge is worked out under Division 1 of Part IIA of the Taxation Administration Act 1953.
History
S 91ZB substituted by No 11 of 1999, s 3, Sch 1 item 304, effective 1 July 1999. S 91ZB formerly read:
91ZB(1)
A person, other than a government body, who refuses or fails, at the time of making a payment, to deduct from the payment the amount required to be deducted under this Division, is liable to pay to the Commissioner, by way of penalty:
(a)
an amount (the
``undeducted amount''
) equal to the amount that the person failed to deduct; and
(b)
an amount equal to 16% per annum of so much of the undeducted amount as remains unpaid, worked out from the end of the period within which the person, had the person deducted the required amount, would have been required to pay the amount to the Commissioner.
91ZB(2)
A government body, other than the Commonwealth, that refuses or fails, at the time of making a payment, to deduct from the payment the amount required to be deducted under this Division, is liable to pay to the Commissioner, by way of penalty, an amount equal to 16% per annum of the amount that the body refused or failed to deduct in respect of the period:
(a)
starting at the end of the period within which the body, had it deducted the required amount, would have been required to pay the amount to the Commissioner; and
(b)
ending on the day on which the whole of the amount payable by the body under this subsection in respect of the undeducted amount is paid.
91ZB(4)
Government bodies.
If a government body making a payment does not deduct from the payment the amount required to be deducted under this Division, the government body is liable to pay the general interest charge on the amount not deducted for each day in the period that:
(a)
started at the beginning of the day by which, if the government body had deducted the amount, the government body would have been required to pay the amount to the Commissioner; and
(b)
finishes at the end of 30 June in the financial year in which that day occurred.
Note:
The general interest charge does not apply to the Commonwealth or authorities of the Commonwealth: see subsection 8AAB(3) of the
Taxation Administration Act 1953.
History
S 91ZB(4) inserted by No 11 of 1999, s 3, Sch 1 item 305, effective 1 July 1999.
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