Insolvency (Tax Priorities) Legislation Amendment Act 1993 (32 of 1993)

Part 4   AMENDMENTS OF THE CORPORATIONS LAW

21   After section 443B of the Corporations Law the following section is inserted

Certain taxation liabilities

"443BA. (1) The administrator of a company is liable to pay to the Commissioner of Taxation:

(a) each amount payable under a remittance provision because of a deduction made by the administrator; and

(b) without limiting paragraph (a), so much of each amount payable under a remittance provision because of a deduction made by the company during the administration as equals so much of the deduction as is attributable to a period throughout which the administration continued;

even if the amount became payable after the end of the administration.

"(2) In this section:

'remittance provision' means any of the following provisions of the Income Tax Assessment Act 1936:

(a) section 221F (except subsection 221F (12)) or section 221G (except subsection 221G (4A));

(b) subsection 221YHDC (2);

(c) subsection 221YHZD (1) or (1A);

(d) subsection 221YN (1);

'unpaid amount', in relation to an estimate, has the same meaning as in Division 8 of Part VI of the Income Tax Assessment Act 1936.".


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